Date of Decision: December 28, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Percussion
Petitioner Information
Profession: Percussionist
Field: Percussion
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None specified in the document.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner provided evidence regarding various awards and nominations. The Director initially granted this criterion. However, upon review, it was determined that the Petitioner did not meet this criterion as the awards were related to his participation on albums nominated for Latin Grammy Awards, but he was not the recipient of the awards himself. Additionally, the Petitioner did not establish that the Mara de Oro de Venezuela Foundation award was nationally or internationally recognized, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner claimed membership in associations related to musical instrument endorsements but did not establish that these memberships required outstanding achievements judged by recognized experts. The voting membership in the Latin Academy of Recording Arts and Sciences (LARAS) did not demonstrate that recognized national or international experts judged the achievements of applicants, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner provided articles and media mentions but did not establish that these were primarily about him or published in major media. The evidence did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Display at Artistic Exhibitions or Showcases: The Petitioner documented concert and television performances but did not establish that his work was displayed at artistic exhibitions or showcases. His role as a supporting musician did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Commercial Successes in the Performing Arts: The Petitioner provided evidence of performing on commercially successful recordings but did not establish that he achieved commercial success as a result. The evidence did not meet the criterion under 8 C.F.R. § 204.5(h)(3)(x).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided media mentions but did not establish these as major media or primarily about him.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The Petitioner did not establish that he participated as a judge of the work of others in the field.
Membership in Associations:
The Petitioner did not establish that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
The Petitioner’s performances were not established as displays at artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
The Petitioner did not establish commercial success as a result of his performances.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of performances. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. The evidence provided did not establish his receipt of nationally or internationally recognized awards, his memberships in associations requiring outstanding achievements, his published material in major media, his display at artistic exhibitions or showcases, or his commercial success as a performing artist. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
