Date of Decision: April 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Operatic Vocalist
Field: Opera and Classical Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others:
The petitioner served as a judge in various music competitions, fulfilling this criterion.
Display of work at artistic exhibitions or showcases:
The petitioner performed at various concert and recital venues in the United States and France, demonstrating her work in recognized settings.
Criteria Not Met:
Published material about the petitioner in major media:
The petitioner provided articles from publications like Midi Libre, but did not include all required details such as authors’ names. Additionally, the petitioner did not sufficiently demonstrate that these publications qualify as major media.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not claim any major, internationally recognized awards.
Published Materials About the Petitioner:
Articles were submitted, but lacked necessary details and did not establish the publications as major media.
Original Contributions of Major Significance:
Not addressed in this decision.
Participation as a Judge:
The petitioner successfully demonstrated this criterion through her judging roles in music competitions.
Membership in Associations:
Not addressed in this decision.
Authorship of scholarly articles:
Not addressed in this decision.
Leading or critical role performed:
Not addressed in this decision.
Artistic Exhibitions or Showcases:
The petitioner demonstrated this criterion with her performances at notable venues.
Evidence of High Salary or Remuneration:
Not addressed in this decision.
Commercial successes in the Performing Arts:
Not addressed in this decision.
Supporting Documentation
Letters from industry professionals
Articles from Midi Libre and other publications
Documentation of judging roles in music competitions
Evidence of performances at recognized concert and recital venues
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet at least three of the ten initial evidentiary criteria required for classification as an individual of extraordinary ability. The evidence provided did not establish sustained national or international acclaim or recognition at the very top of her field.
Next Steps: The petitioner may consider gathering more comprehensive evidence of her individual acclaim and contributions to strengthen a future petition or explore other visa options suitable for her qualifications and achievements.
