Date of Decision: February 13, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Pianist
- Field: Music
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
- Display of Work: The Petitioner has demonstrated the display of her work in the field at artistic exhibitions or showcases.
- Description: The Petitioner provided evidence of her performances and exhibitions, which the Director accepted as meeting the criterion.
- Leading or Critical Role: Evidence that the individual has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
- Description: The Petitioner submitted documentation proving her leading roles in reputable organizations, which was accepted by the Director.
Criteria Not Met
- Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
- Description: The Petitioner failed to demonstrate that the awards she received were nationally or internationally recognized. The documentation provided lacked sufficient information regarding the competitions’ significance and the recognition level of the awards.
- Membership in Associations Requiring Outstanding Achievements:
- Description: The Petitioner did not provide sufficient evidence that her membership in certain associations required outstanding achievements judged by recognized national or international experts.
- Published Material About the Individual:
- Description: The material provided did not establish that the publications were major trade publications or other major media. Additionally, necessary translations were not provided.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner listed several first and second prizes from various international competitions. However, the evidence did not establish the competitions’ national or international significance or the level of recognition associated with these awards.
Membership in Associations:
- The Petitioner claimed membership in a notable choir association. The evidence did not demonstrate that the association requires outstanding achievements judged by experts, failing to meet this criterion.
Published Materials About the Petitioner:
- The Petitioner referenced a television program featuring her. However, she failed to establish that this program qualifies as major media and did not provide necessary translations for the materials.
Supporting Documentation
- Award Certificates: Various certificates of first and second prizes from international competitions, lacking evidence of their significance.
- Membership Letter: A letter from the co-founder and artistic director of the choir association, insufficient to prove the required criteria.
- Media Printouts: Screenshots and printouts from a television program’s website, missing translations and lacking proof of the program’s status as major media.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The Petitioner did not meet the required evidentiary criteria. The evidence provided failed to demonstrate that the awards were nationally or internationally recognized, the membership required outstanding achievements judged by experts, or that the published materials were in major media. Consequently, the Petitioner could not establish the sustained national or international acclaim required for the EB1 classification.
Next Steps:
- Recommendations for the Petitioner include gathering more robust evidence that meets the required criteria and potentially seeking guidance from an immigration attorney specializing in EB1 cases to better understand and address the evidentiary standards.
