Date of Decision: December 13, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Peking Opera Performer
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards: The petitioner earned several awards between 1987 and 2009, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Published Materials: The petitioner was the subject of several articles in major media, including one as recently as 2010, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Judging: The petitioner judged the work of others in her field, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Prospective Employment: The Director denied the petition because the petitioner did not establish that she intended to work in her area of expertise upon entering the United States. The petitioner initially provided letters from a supposed employer, but an investigation revealed that the company did not operate as claimed. The petitioner later proposed starting her own company, but this was seen as a material change to address deficiencies rather than clear evidence of intent to continue work in her field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner earned several awards between 1987 and 2009, demonstrating her recognition in the field of Peking opera.
Published Materials About the Petitioner:
The petitioner was featured in several articles in major media outlets, with the most recent article specifically about her dating from 2010. However, a 2014 article only mentioned her in one sentence.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance to the field of Peking opera.
Participation as a Judge:
The petitioner judged competitions, including a significant event in 2008 and a provincial competition in 2014.
Membership in Associations:
The petitioner provided letters from associations, but these were not accepted as credible due to inconsistencies found in an investigation.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that she held a leading or critical role in organizations with distinguished reputations.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Documentation of awards earned by the petitioner.
- Articles and Publications: Various articles featuring the petitioner, with the most recent detailed article from 2010.
- Letters of Support: Letters from associations and peers, which were later found to have inconsistencies.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not provide consistent and credible evidence regarding her intent to continue working in her field upon entering the United States. Additionally, the petitioner did not demonstrate sustained acclaim in her field through the date of filing.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit her qualifications and achievements.
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