Date of Decision: February 7, 2025
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1A Extraordinary Ability
Field of Expertise: Performing Arts – Music
Petitioner Information
Profession: Pianist
Field: Performing Arts – Music
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied – Petitioner did not establish satisfaction of at least three of the ten criteria.
Appeal Outcome: Dismissed – AAO upheld the Director’s decision.
Current Motion Outcome: Motion to reconsider dismissed.
Evidentiary Criteria Analysis
Criteria Met:
- None.
Criteria Not Met:
- Published Material About the Petitioner (iii) – Articles (e.g., Caretas 1985, Bloom Tampa Bay 2023) failed to meet evidentiary requirements. Issues included missing author credit, lack of circulation data, and timing of submission (post-filing evidence not allowed).
- Exhibitions and Showcases (vii) – Claimed only at appeal stage; not raised before the Director. Evidence of concerts across several countries was insufficient and untimely.
- Leading or Critical Role in Distinguished Organizations (viii) – Letters of support praised skills and dedication but did not demonstrate that roles were leading or critical within distinguished organizations.
Key Points from the Decision
- Petitioner claimed incorrect evidentiary standards were applied, but AAO found the proper preponderance standard was used.
- Published articles lacked circulation data and failed to meet regulatory requirements; one was from childhood and another post-dated filing.
- Letters and promotional materials describing petitioner as “world renowned” were not supported by independent evidence of acclaim.
- Documented performances and employment opportunities were localized and did not rise to the level of sustained national or international acclaim.
- Without at least three criteria met, a final merits determination was unnecessary; even if considered, the evidence did not demonstrate acclaim at the top of the field.
Supporting Documentation
- Letters of Intent: Letters from music program directors and supporters provided but insufficient to establish leading/critical role.
- Business Plan: Not applicable to this petition.
- Advisory Letter: Recommendation letters praised petitioner’s skill but lacked independent verification of acclaim.
- Other Supporting Documentation: Concert programs, media references, and promotional materials did not establish national or international recognition.
Conclusion
Final Determination: Motion to reconsider dismissed.
Reasoning: Petitioner did not demonstrate at least three evidentiary criteria and failed to establish extraordinary ability, sustained acclaim, or standing among the top of the field.
