Date of Decision: June 30, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Opera Singer
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None were explicitly mentioned as met in the decision document.
Criteria Not Met:
Awards and Prizes Won: The petitioner failed to provide sufficient evidence of awards or prizes that meet the extraordinary ability criteria.
Published Materials About the Petitioner: Insufficient evidence provided to demonstrate significant published material about the petitioner.
Original Contributions of Major Significance: The petitioner did not provide adequate documentation proving major contributions to the field of arts.
Participation as a Judge: No evidence submitted to indicate participation as a judge of the work of others in the same or allied fields.
Membership in Associations: The petitioner did not establish membership in associations that require outstanding achievements.
Authorship of Scholarly Articles: No evidence provided regarding the authorship of scholarly articles in professional or major trade publications.
Leading or Critical Role Performed: Insufficient evidence of having played a leading or critical role in organizations or establishments with a distinguished reputation.
Artistic Exhibitions or Showcases: No documentation presented to demonstrate artistic exhibitions or showcases.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner failed to provide sufficient evidence demonstrating awards that meet the criteria for extraordinary ability.
Published Materials About the Petitioner:
- Lack of significant published materials about the petitioner was noted, affecting the evaluation.
Original Contributions of Major Significance:
- The petitioner’s submissions did not prove major significance in the field of arts.
Participation as a Judge:
- There was no evidence showing the petitioner’s participation as a judge of others’ work.
Membership in Associations:
- The petitioner did not show membership in associations that reflect outstanding achievements.
Authorship of Scholarly Articles:
- No evidence was presented to support the authorship of scholarly articles.
Leading or Critical Role Performed:
- Documentation was insufficient to establish a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
- No evidence of participation in artistic exhibitions or showcases was submitted.
Evidence of High Salary or Remuneration:
- This criterion was not discussed, indicating no evidence was submitted.
Commercial Successes in the Performing Arts:
- This criterion was not mentioned, suggesting no relevant evidence was provided.
Supporting Documentation
- The document mentions the absence of further supporting evidence submitted after the initial appeal and motion filings.
Conclusion
Final Determination: The motion to reopen and reconsider was denied.
Reasoning: The petitioner did not provide new facts or demonstrate that the law or policy was incorrectly applied in the initial decision. Consequently, the previous denial remains in effect.
Next Steps: The petitioner may consider filing a new petition with additional and more substantial evidence addressing the criteria for extraordinary ability.
