Date of Decision: August 11, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Pop Singer
Field: Arts
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 has displayed his work at various festivals and concerts, such as the 2010 Pop Music Festival in Bulgaria.
Criteria Not Met:
Major, Internationally Recognized Award: The petitioner did not demonstrate that his awards, such as the one from the 2010 Pop Music Festival, are globally recognized as major awards equivalent to a Nobel Prize or an Olympic medal.
Lesser Nationally or Internationally Recognized Prizes or Awards: While the petitioner received various certificates and awards, he did not provide sufficient evidence to show that these awards are nationally or internationally recognized for excellence.
Membership in Associations: The petitioner provided membership certificates from several associations but did not establish that these memberships required outstanding achievements judged by recognized experts.
Published Materials About the Petitioner: The petitioner submitted various screenshots and articles, but many lacked proper translations or documentation, and were not proven to be from major media or professional trade publications.
Original Contributions of Major Significance: The petitioner provided letters and certificates regarding his performances but did not demonstrate how his contributions have had a major impact on the field of pop music.
Leading or Critical Role: The petitioner did not provide evidence showing that his role in his music group, or any other organization, was for an establishment with a distinguished reputation.
High Salary or Other Significantly High Remuneration: The petitioner provided invoices for performances, but these did not clearly indicate that he commanded a high salary in relation to others in his field.
Commercial Successes in the Performing Arts: The petitioner did not provide evidence of commercial success in the form of box office receipts or sales data for his music.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided documentation for several awards, but these were not demonstrated to be recognized nationally or internationally for excellence in the field of pop music.
Published Materials About the Petitioner:
The petitioner submitted various articles and screenshots, but they lacked proper documentation, translations, and evidence of being from major media outlets.
Original Contributions of Major Significance:
The petitioner’s documentation of performances and letters of support did not sufficiently demonstrate major contributions to the field of pop music.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that his memberships in various associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not provide evidence to show that his role in his music group was for an organization with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner displayed his work at various festivals and concerts, which met this criterion.
Evidence of High Salary or Remuneration:
The petitioner did not provide clear evidence that he commanded a high salary in relation to others in his field.
Commercial Successes in the Performing Arts:
The petitioner did not provide evidence of commercial success through box office receipts or sales data.
Supporting Documentation
- Certificates and Awards: Documentation of various awards and certificates received by the petitioner.
- Articles and Screenshots: Various articles and screenshots, many lacking proper translations and documentation.
- Letters of Support: Letters from peers and mentors in the music industry.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate a one-time major achievement or satisfy at least three of the ten regulatory criteria required for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit their qualifications and achievements.
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