Date of Decision: March 20, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Orchestra Concertmaster
Field: Music (Arts)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Artistic Exhibitions or Showcases:
The petitioner has performed at various artistic exhibitions and showcases, which was accepted as meeting this criterion.
Criteria Not Met:
Awards and Prizes:
The petitioner received a first prize in a music competition in 2004, but it was limited to youths and students, which disqualifies it from being considered a nationally or internationally recognized award for excellence in the field.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence demonstrating her original contributions to the field of music, nor did she show how her contributions have been widely implemented or significantly impacted the field.
Leading or Critical Role:
While the petitioner demonstrated her leading role as a concertmaster within her orchestra, she did not establish how her role was critical to the overall organization. Letters of recommendation lacked specific details about her impact.
Key Points from the Decision
Awards and Prizes Won:
- The competition award received by the petitioner was limited to young musicians and did not establish national or international recognition for excellence.
Original Contributions of Major Significance:
- The petitioner did not identify specific contributions to the field or provide evidence of their major significance. General references to her skills and performances did not meet the criterion.
Leading or Critical Role Performed:
- The petitioner’s role as a concertmaster was acknowledged, but the evidence did not show her position as leading or critical to the success of the entire organization.
Supporting Documentation
- Competition Award Documentation: Described the music competition and its focus on youth, failing to demonstrate national or international significance.
- Recommendation Letters: Provided general praise for the petitioner’s role but lacked specific evidence of significant contributions or critical impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. The evidence provided did not establish the petitioner’s sustained national or international acclaim or recognition in her field.
Next Steps:
It is recommended that the petitioner gather and present more substantial evidence of her contributions, recognition, and impact in the field if considering future petitions. This could include detailed letters of recommendation, evidence of awards with broader recognition, and documentation of significant roles or contributions.
