Date of Decision: September 15, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Performer and Choreographer
Field: Performing Arts
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Materials: The Petitioner met the published material criterion by submitting a blog about her posted on a website.
Judging the Work of Others: The Petitioner served as an adjudicator of young dance performers, which met the judge of the work of others criterion.
Artistic Exhibitions or Showcases: The Petitioner demonstrated that her performances and choreography were displayed at artistic exhibitions or showcases.
Criteria Not Met:
Awards and Prizes: The awards claimed did not indicate national or international acclaim for the Petitioner. The Petitioner did not show she was the recipient of a significant award like an Oscar.
Published Materials: Most submitted articles were not about the Petitioner or were not in major media, failing to demonstrate her sustained national or international acclaim.
Participation as a Judge: The evidence did not establish that the Petitioner’s adjudication roles were indicative of her national or international acclaim.
Leading or Critical Role: The Petitioner did not demonstrate that her roles were leading or critical for distinguished organizations in a way that elevated her to the top of her field.
Key Points from the Decision
Awards and Prizes Won:
The awards claimed by the Petitioner did not indicate national or international acclaim. For example, a short film she choreographed received an award, but it was presented to the director and not the Petitioner.
Published Materials About the Petitioner:
The Director found that only one article met the requirements, which was a blog post. Other submitted articles did not focus on the Petitioner and did not indicate her acclaim.
Original Contributions of Major Significance:
The Petitioner’s work on various productions did not demonstrate sustained national or international acclaim. Her achievements, although significant, did not rise to the very top of her field.
Participation as a Judge:
The Petitioner served as an adjudicator for several youth dance competitions. However, the evidence did not show that these roles reflected her national or international acclaim.
Membership in Associations:
Not specifically addressed in the decision.
Authorship of Scholarly Articles:
Not specifically addressed in the decision.
Leading or Critical Role Performed:
The Petitioner’s roles were not shown to be leading or critical in a manner that demonstrated her sustained acclaim or top-level recognition.
Artistic Exhibitions or Showcases:
The Petitioner performed and choreographed in various stage productions, but these did not demonstrate sustained national or international acclaim.
Evidence of High Salary or Remuneration:
Not specifically addressed in the decision.
Commercial Successes in the Performing Arts:
Not specifically addressed in the decision.
Supporting Documentation
List of Supporting Documents:
- Blog post about the Petitioner
- Adjudicator “Contract for Service”
- Articles from various media outlets
- Letters of support from teachers, employers, and collaborators
- Organizational charts and performance schedules
- Award certificates and festival programs
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not demonstrate by a preponderance of the evidence that she is an individual of extraordinary ability. Her achievements, while notable, did not demonstrate sustained national or international acclaim or elevate her to the very top of her field.
Next Steps:
The Petitioner should consider gathering more substantial evidence of her acclaim and achievements if planning to reapply.
