Date of Decision: May 24, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Orchestral Musician
Field: Classical Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role: The petitioner served as the assistant principal player for the orchestra, as evidenced by an offer letter, concert programs, and supporting letters from orchestra personnel.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner provided a certificate recognizing her participation on an album nominated for an award, but did not win the award. The criteria used to grant this certificate and its national or international significance were not sufficiently demonstrated.
Membership in Associations: The petitioner was a member of the orchestra, but did not provide sufficient evidence that the association required outstanding achievements of its members, judged by recognized national or international experts.
Participation as a Judge: Although this criterion was initially claimed, detailed discussion was reserved as it would not change the outcome of the appeal.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided a certificate recognizing her participation in a nominated album but did not win the award. The evidence provided did not establish the national or international significance of the certificate.
Membership in Associations:
The petitioner claimed membership in an orchestra, asserting that outstanding achievements were required for selection. However, detailed examples of these achievements and the selection process were not provided.
Supporting Documentation
Awards Documentation: Certificate of recognition for participation on a nominated album.
Membership Documentation: Letters from orchestra personnel and a document on ethical audition practices, which did not sufficiently establish outstanding achievements for membership.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required evidentiary criteria to demonstrate extraordinary ability. While the petitioner met one criterion for a leading or critical role, the evidence for other criteria, such as awards and membership in associations, was insufficient.
Next Steps: The petitioner may consider gathering more substantial evidence of nationally or internationally recognized awards and providing detailed documentation of the selection process and achievements required for membership in associations if reapplying.
