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:
- Criterion: None
Description: The petitioner did not meet any of the criteria required for the EB-1 classification.
Criteria Not Met:
- Criterion 1: Sustained National or International Acclaim
Description: The petitioner failed to demonstrate sustained acclaim through sufficient evidence. - Criterion 2: Major Awards or Prizes
Description: The petitioner did not provide evidence of receiving major internationally recognized awards. - Criterion 3: Membership in Associations
Description: The petitioner did not show membership in associations requiring outstanding achievements. - Criterion 4: Published Materials
Description: There was no substantial evidence of published materials about the petitioner in major media. - Criterion 5: Participation as a Judge
Description: The petitioner did not provide evidence of participation as a judge in the work of others in the same field. - Criterion 6: Original Contributions
Description: The petitioner did not present evidence of original contributions of major significance in the field. - Criterion 7: Authorship of Scholarly Articles
Description: The petitioner did not demonstrate authorship of scholarly articles in the field. - Criterion 8: Exhibitions or Showcases
Description: The petitioner did not provide evidence of exhibitions or showcases displaying their work.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The petitioner failed to demonstrate recognition through major awards or prizes.
Key quotes or references: Not applicable.
Published Materials About the Petitioner:
Summary of findings: Insufficient evidence of published materials highlighting the petitioner’s acclaim.
Key quotes or references: Not applicable.
Original Contributions of Major Significance:
Summary of findings: The petitioner did not provide evidence of original contributions of significant impact.
Key quotes or references: Not applicable.
Participation as a Judge:
Summary of findings: No evidence provided for participation as a judge of the work of others.
Key quotes or references: Not applicable.
Membership in Associations:
Summary of findings: The petitioner did not demonstrate membership in associations requiring outstanding achievements.
Key quotes or references: Not applicable.
Authorship of Scholarly Articles:
Summary of findings: No scholarly articles authored by the petitioner were provided.
Key quotes or references: Not applicable.
Leading or Critical Role Performed:
Summary of findings: The petitioner did not show evidence of performing a leading or critical role in distinguished organizations.
Key quotes or references: Not applicable.
Artistic Exhibitions or Showcases:
Summary of findings: There was no evidence of artistic exhibitions or showcases featuring the petitioner’s work.
Key quotes or references: Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings: The petitioner did not demonstrate receipt of high salary or remuneration in relation to others in the field.
Key quotes or references: Not applicable.
Commercial successes in the Performing Arts:
Summary of findings: The petitioner did not provide evidence of commercial successes in the performing arts.
Key quotes or references: Not applicable.
Supporting Documentation
- Form I-290B: Notice of Appeal or Motion
Summary: The petitioner filed Form I-290B as an appeal but was treated as a motion to reopen/reconsider. - Previous Decision Notices: Denial notices and dismissal of prior motions.
Summary: The petitioner’s previous motions were dismissed due to untimely filing and lack of new evidence.
Conclusion
Final Determination: Denied
Reasoning: The petitioner failed to meet the required criteria for EB-1 classification and did not provide new facts or establish incorrect application of law or policy.
Next Steps: The petitioner may consider gathering additional evidence or consulting with an immigration attorney for further guidance.
