Date of Decision: June 18, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Reed Voicer
Field: Pipe Organ Building
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Leading or Critical Role:
The petitioner played a significant role in the reed voicing of organs at a distinguished company. Several references confirmed his crucial role in achieving the distinctive sound for which the company is recognized globally.
Criteria Not Met:
Original Contributions of Major Significance:
The petitioner did not demonstrate original contributions of major significance. While reference letters praised his talent and experience, they lacked specific examples of significant contributions to the field. The petitioner’s work did not establish a unique or major contribution to the field of pipe organ building.
Comparable Evidence:
The petitioner did not provide comparable evidence to the artistic exhibitions or showcases criterion. The evidence submitted did not mention the petitioner by name or credit him for his work on the organs in public performances, failing to demonstrate an equivalent to artistic displays of an artist’s work.
Key Points from the Decision
Awards and Prizes Won:
No significant awards or prizes were documented.
Published Materials About the Petitioner:
No published materials about the petitioner were provided.
Original Contributions of Major Significance:
The evidence provided did not demonstrate major contributions. Reference letters highlighted the petitioner’s consistent quality work but did not specify major innovations or influential contributions.
Participation as a Judge:
No evidence of participation as a judge was submitted.
Membership in Associations:
No evidence of membership in professional associations was submitted.
Authorship of Scholarly Articles:
No scholarly articles authored by the petitioner were provided.
Leading or Critical Role Performed:
The petitioner was recognized for his critical role in reed voicing at a distinguished organ-building company, contributing to the company’s high standards and reputation.
Artistic Exhibitions or Showcases:
The petitioner did not provide evidence of artistic exhibitions or showcases of his work.
Evidence of High Salary or Remuneration:
No evidence of high salary or significant remuneration was submitted.
Commercial Successes in the Performing Arts:
No evidence of commercial success in the performing arts was provided.
Supporting Documentation
Reference Letters:
- Provided by professionals in the field, praising the petitioner’s skills and contributions.
Evidence of Reed Voicing Projects:
- Documentation of specific projects the petitioner worked on, detailing his role and contributions.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner failed to respond to the request for additional evidence and did not meet the regulatory requirements for demonstrating extraordinary ability. The evidence provided did not sufficiently establish the petitioner’s eligibility for the EB-1 classification.
Next Steps:
- Consider submitting a motion to reconsider or reopen the case if additional evidence can be provided.
- Review the requirements and ensure all necessary documentation is submitted.
Download the Full Petition Review Here
