Date of Decision: April 23, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Recording Engineer
Field: Music (Mixing and Recording Engineering)
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: None
The petitioner did not claim to meet at least three of the ten lesser criteria and instead claimed to have met the requirement through a one-time major achievement.
Criteria Not Met:
Criterion 1: Major Internationally Recognized Award
The petitioner claimed that he received a Grammy Award for his role as an engineer on a Grammy-winning project. However, the evidence provided showed that he received a certificate of recognition from the National Academy of Recording Arts and Sciences (NARAS) for his participation, not the Grammy Award itself.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed to have received a Grammy Award, but the evidence only supported his receipt of a recognition certificate for his participation in a Grammy-winning project. The Director noted that the petitioner did not receive the Grammy Award itself, nor did NARAS identify him as a Grammy winner. The petitioner did not demonstrate that the certificate had the same recognition as the Grammy Award.
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance: Not applicable
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Certificate of Recognition: A certificate from NARAS recognizing the petitioner’s participation as an engineer on a Grammy-winning project.
Email Correspondence: An email from NARAS explaining the criteria for receiving recognition certificates versus Grammy Awards.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to establish eligibility for the requested benefit. The evidence submitted did not demonstrate that the petitioner received a major, internationally recognized award, nor did it support a claim of meeting at least three of the lesser criteria for extraordinary ability. The Director’s decision was not based on a requirement for the petitioner to be the sole recipient of the award but rather on the lack of evidence showing that the petitioner received the Grammy Award itself.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition, significant contributions, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
