Date of Decision: July 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Performing Artist
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
The petitioner claimed several awards, including second place in a college-level division and a film award. However, these were not established as nationally or internationally recognized for excellence in the field.
Criterion 2: Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
The petitioner performed in concerts and theaters, including a short film featured at an event.
Criteria Not Met:
Criterion 1: Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members.
The petitioner discussed aspiring membership in a selective association but did not establish current membership or the required achievements.
Criterion 2: Published material about the alien in professional or major trade publications or other major media.
The petitioner provided screenshots from various websites, but these did not specifically discuss her or were not from major trade publications.
Criterion 3: Evidence of the alien’s participation as a judge of the work of others in the same or an allied field.
The petitioner taught performing arts but did not demonstrate formal judging roles.
Criterion 4: Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The petitioner’s roles in various productions were not demonstrated to be critical or for distinguished organizations.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The petitioner did not demonstrate that her awards were nationally or internationally recognized for excellence.
Published Materials About the Petitioner:
Summary of findings: The provided materials did not specifically discuss the petitioner or were not from major trade publications.
Original Contributions of Major Significance:
Summary of findings: Not applicable.
Participation as a Judge:
Summary of findings: The petitioner did not establish formal judging roles.
Membership in Associations:
Summary of findings: The petitioner did not establish current membership in selective associations.
Authorship of Scholarly Articles:
Summary of findings: Not applicable.
Leading or Critical Role Performed:
Summary of findings: The petitioner’s roles were not established as critical or for distinguished organizations.
Artistic Exhibitions or Showcases:
Summary of findings: The petitioner’s work was displayed in concerts and theaters.
Evidence of High Salary or Remuneration:
Summary of findings: Not applicable.
Commercial Successes in the Performing Arts:
Summary of findings: Not applicable.
Supporting Documentation
- List of awards, programs, playbills, articles, and teaching records.
- Summary: The supporting documents provided did not meet the evidentiary criteria required for EB1 classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of at least three of the ten criteria or a one-time major achievement.
Next Steps: The petitioner may consider gathering more substantial evidence or exploring other visa categories.
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