Date of Decision: March 23, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Recording Engineer and Producer
Field: Music Production and Engineering
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner (8 C.F.R. § 204.5(h)(3)(iii)):
- Articles from O Globo and Audio Musica & Tecnologia met the requirements of published material in professional or major media.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)):
- The petitioner claimed to have been nominated for Latin Grammys, but the certificates only recognized his participation as a mastering engineer, not as a personal recipient of the awards.
Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)):
- The petitioner was a voting member of the Latin Recording Academy and the Recording Academy, which do not require outstanding achievements judged by recognized national or international experts.
Display of Work in Artistic Exhibitions or Showcases (8 C.F.R. § 204.5(h)(3)(vii)):
- The petitioner claimed his work was displayed at the Latin Grammys, but there was no evidence that the awards ceremony qualifies as an artistic exhibition or that his work was displayed.
Leading or Critical Role (8 C.F.R. § 204.5(h)(3)(viii)):
- The petitioner claimed to have a leading or critical role, but since other criteria were not met, this criterion’s discussion was reserved and not detailed.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not provide evidence of personally winning or being nominated for any nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
- Articles from O Globo and Audio Musica & Tecnologia were accepted as valid published material about the petitioner.
Original Contributions of Major Significance:
- The petitioner did not address or dispute the Director’s conclusions on this criterion and thus, it was considered abandoned.
Participation as a Judge:
- Not applicable or discussed in the appeal.
Membership in Associations:
- Memberships in the Latin Recording Academy and the Recording Academy were not deemed to require outstanding achievements judged by experts.
Authorship of Scholarly Articles:
- Not applicable or discussed in the appeal.
Leading or Critical Role:
- Detailed discussion reserved due to other criteria not being met.
Artistic Exhibitions or Showcases:
- The petitioner did not provide evidence that his work was displayed at recognized artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
- Not applicable or discussed in the appeal.
Commercial Successes in the Performing Arts:
- The petitioner did not address this criterion on appeal, and thus it was considered abandoned.
Supporting Documentation
- Latin Grammy Certificates:
- Recognized petitioner’s participation as mastering engineer on award-winning albums.
- Articles from O Globo and Audio Musica & Tecnologia:
- Published material about the petitioner in major media.
- Letters from Executives:
- Letters from current or former executives of major recording companies attesting to the petitioner’s involvement in successful projects.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The petitioner did not meet the initial evidentiary requirement of satisfying at least three of the ten criteria under 8 C.F.R. § 204.5(h)(3).
- The record did not demonstrate the petitioner’s sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Next Steps:
- The petitioner should consider gathering more substantial evidence of individual achievements and recognition in his field if planning to reapply.
