Date of Decision: February 11, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Opera Singer
Field: Music
Nationality: Russia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published material about the individual in professional or major media: The Petitioner submitted several articles from various publications. However, the Director concluded that most of these articles did not qualify as they were not primarily about the Petitioner, but rather about the performances in which he participated.
Participation as a judge of the work of others: The Petitioner demonstrated his participation as a judge in various capacities.
Display at artistic exhibitions or showcases: The Petitioner provided evidence of his performances at various high-profile events.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards: The Petitioner did not provide sufficient evidence to meet this criterion, and it was not contested on appeal.
Leading or critical role for distinguished organizations or establishments: The Director concluded that the Petitioner did not establish that the organizations he was affiliated with had a distinguished reputation.
Comparable Evidence: The Petitioner claimed comparable evidence for his role in the growing Russian community but did not meet the standard criteria required for this.
Key Points from the Decision
Awards and Prizes Won: Not applicable as the Petitioner did not meet this criterion.
Published Materials About the Petitioner: Articles from the Austin Chronicle, Boston Globe, Harvard Crimson, and a local radio station were submitted. However, these did not focus significantly on the Petitioner or were not considered major media.
Original Contributions of Major Significance: The Petitioner did not provide evidence that his contributions were of major significance in the field.
Participation as a Judge: Evidence was provided for the Petitioner’s role as a judge in various competitions and performances.
Membership in Associations: Not applicable as there was no significant mention of this criterion.
Authorship of scholarly articles: Not applicable as the Petitioner did not claim this criterion.
Leading or critical role performed: The Petitioner’s roles were acknowledged, but the organizations were not proven to have a distinguished reputation.
Artistic Exhibitions or Showcases: The Petitioner demonstrated participation in artistic showcases and performances.
Evidence of High Salary or Remuneration: Not applicable as the Petitioner did not claim this criterion.
Commercial successes in the Performing Arts: Not applicable as the Petitioner did not claim this criterion.
Supporting Documentation
Bachelor of Music Degree:
- From an institution in Russia.
Master of Music Degrees:
- In opera performance from a German institution and in choral conducting from another German university.
Doctor of Musical Arts Degree:
- From a university in the United States.
Grammy-nominated recording:
- Involved in a high-profile project during graduate studies.
Leadership Roles:
- Musical director positions in two organizations.
Media Coverage:
- Various articles and radio segments.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required evidentiary criteria. The materials provided did not demonstrate sustained national or international acclaim or show that the Petitioner is among the small percentage at the top of his field.
Next Steps: The Petitioner may consider providing more comprehensive evidence to meet the necessary criteria or exploring other visa options.
