Date of Decision: APR 27, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Pianist
Field: Music
Nationality: Algeria
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Published Material
The petitioner has presented published material about him in other major media, relating to his work in the field for which classification is sought. The evidence includes a letter from the Chief Editor at a television channel that broadcasted an episode about the petitioner and featured him as a performing artist.
Criteria Not Met:
Criterion 1: Lesser Recognized Prizes or Awards
The petitioner has not presented documentation of his receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. The evidence submitted did not demonstrate that the awards were of a qualifying nature.
Criterion 2: Original Contributions of Major Significance
The petitioner has not shown that his musical compositions and productions constitute contributions of major significance in the musical field, such that they fundamentally changed or significantly advanced the field. The evidence shows impact on audiences but does not demonstrate impact in the music field as a whole.
Criterion 3: Display of Work in Artistic Exhibitions or Showcases
The plain language of the criterion suggests it is limited to evidence relating to the visual arts. The petitioner, being a pianist, does not fall under this criterion.
Criterion 4: Leading or Critical Role
The petitioner performed as a soloist in a benefit concert held at a prestigious venue. However, he did not establish that he performed a leading or critical role for organizations or establishments with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not demonstrate receipt of awards that are recognized in the field as indicative of sustained national or international acclaim.
Published Materials About the Petitioner:
The petitioner provided evidence of a television episode featuring him, which was aired on a major media network. However, additional published material did not meet the required criteria for major media.
Original Contributions of Major Significance:
The petitioner failed to demonstrate that his contributions had a significant impact on the field of music as a whole.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
While the petitioner performed as a soloist at a benefit concert, this does not equate to having a leading or critical role in an organization or establishment with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable as the petitioner is not a visual artist.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letter from Chief Editor at a television channel: Confirmed a broadcast episode featuring the petitioner.
- Various reference letters: Provided general praise but lacked specific evidence of contributions of major significance.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The petitioner did not meet the evidentiary criteria required for classification as an alien of extraordinary ability. The evidence did not demonstrate sustained national or international acclaim or show that the petitioner is among the small percentage at the top of his field.
Next Steps: The petitioner may consider submitting additional evidence or addressing the deficiencies noted in this decision for any future appeals or motions.
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