Date of Decision: September 14, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Performer
Field: Artistic Performance
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized awards for excellence in the field:
- The petitioner was a member of the Russian national team and earned a silver team medal at the 2009 Championships.
- Participation as a judge of the work of others in the same or an allied field:
- The petitioner served as a judge in relevant competitions.
- Display of his work in the field at artistic exhibitions or showcases:
- The petitioner’s performances were part of major artistic showcases.
Criteria Not Met:
- High salary or remuneration:
- While the petitioner’s salary was above the mean wage for the occupation, it did not place him among the top earners in his field, thus failing to demonstrate national or international acclaim.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings:
- The petitioner received several medals during his career as an athlete, including a silver team medal at the 2009 Championships.
- Key quotes or references:
- “The record shows that while the petitioner was a successful athlete, he has not demonstrated the necessary level of acclaim as an artistic performer.”
Published Materials About the Petitioner:
- Summary of findings:
- The materials provided did not sufficiently highlight the petitioner’s acclaim in the field of artistic performance.
- Key quotes or references:
- “The evidence does not indicate that he is singled out as a star performer.”
Original Contributions of Major Significance:
- Summary of findings:
- The petitioner’s role in performances did not establish major significance.
- Key quotes or references:
- “His work contributes to the artistic and commercial success but does not indicate sustained national or international acclaim.”
Participation as a Judge:
- Summary of findings:
- Participation as a judge was recognized but not sufficient for the extraordinary ability classification.
- Key quotes or references:
- “Participation as a judge in competitions was acknowledged but did not elevate the petitioner to the required level of acclaim.”
Membership in Associations:
- Summary of findings:
- The petitioner’s memberships were noted but not pivotal in demonstrating extraordinary ability.
- Key quotes or references:
- “Membership alone does not demonstrate the extraordinary ability required.”
Authorship of Scholarly Articles:
- Summary of findings:
- There was no significant evidence provided regarding scholarly articles authored by the petitioner.
- Key quotes or references:
- “The record lacks evidence of scholarly articles authored by the petitioner.”
Leading or Critical Role Performed:
- Summary of findings:
- The petitioner’s roles were important but not critical enough to demonstrate extraordinary ability.
- Key quotes or references:
- “The petitioner’s roles in performances are acknowledged but do not demonstrate the required level of acclaim.”
Artistic Exhibitions or Showcases:
- Summary of findings:
- The petitioner’s work was displayed, but the evidence did not establish extraordinary ability.
- Key quotes or references:
- “Display of work in exhibitions does not alone establish extraordinary ability.”
Evidence of High Salary or Remuneration:
- Summary of findings:
- The petitioner’s salary was noted but did not meet the criteria for extraordinary ability.
- Key quotes or references:
- “The salary was above average but did not place him among top earners in his field.”
Commercial Successes in the Performing Arts:
- Summary of findings:
- The evidence did not demonstrate commercial success at the level required for extraordinary ability.
- Key quotes or references:
- “Commercial success evidence was insufficient to establish extraordinary ability.”
Supporting Documentation
- Team Silver Medal at the 2009 Championships: Documentation of the award.
- Letters of Support: Various letters from colleagues and employers.
- Employment Contracts: Contracts indicating ongoing employment as a performer.
- Salary Documentation: Evidence of petitioner’s compensation.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner has not demonstrated sustained national or international acclaim as an artistic performer or that he is among the top percentage in his field.
Next Steps: The petitioner may consider providing additional evidence or seeking other visa classifications that might better align with his qualifications.
