Date of Decision: July 14, 2020
Service Center: Nebraska 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 at Artistic Exhibitions or Showcases: The Petitioner demonstrated that her work was displayed at various artistic, musical venues.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Director initially found that the Petitioner satisfied this criterion. However, upon review, it was determined that the awards did not meet the requirements of national or international recognition for excellence in the field. The awards cited were municipal competitions and did not demonstrate national or international significance.
Published Material in Major Media: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media. The articles provided did not consistently identify the authors, and some lacked proper translation certification. Additionally, the Petitioner did not demonstrate that the sources qualified as major media.
Original Contributions of Major Significance: The Petitioner claimed original contributions through her piano performances and educational achievements. However, the evidence did not sufficiently demonstrate the major significance of these contributions. The letters provided praised the Petitioner’s talents but lacked specific, detailed information on how her contributions significantly impacted the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards. The provided evidence indicated the awards were municipal competitions with limited recognition.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media. The articles lacked proper attribution and were not focused primarily on the Petitioner.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field. The letters lacked specific details on the impact and significance of her contributions.
Participation as a Judge:
Summary of findings: No evidence provided.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that memberships required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that she performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner’s work was displayed at various artistic, musical venues, satisfying this criterion.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought. The Petitioner’s achievements, while notable, did not rise to the level required for extraordinary ability classification.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification. The Petitioner should ensure that all evidence clearly demonstrates the required levels of recognition and impact in her field.
