Date of Decision: December 30, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Reggae Music
Petitioner Information
Profession: Reggae Guitarist
Field: Reggae Music
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display at Artistic Exhibitions or Showcases: The Petitioner demonstrated that his work was displayed at artistic exhibitions and showcases. The Director acknowledged this criterion as met, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner mentioned various awards but did not provide sufficient documentation. The only documented award was for Best Ska/Reggae Artist, received by the band he played with, rather than him personally. Additionally, no independent evidence was provided to establish the national or international recognition of the award. This criterion under 8 C.F.R. § 204.5(h)(3)(i) was not met.
Membership in Associations: The Petitioner claimed membership in the Society of Authors and Composers of Venezuela (SACVEN), but did not demonstrate that SACVEN required outstanding achievements judged by recognized national or international experts. The provided documentation established membership but not the required criteria, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner submitted articles that were primarily about his band rather than him individually. The provided translations were incomplete and lacked context. The only mention of the Petitioner by name was in one article, which did not establish him as the primary subject. The media sources were not demonstrated to be major media, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner did not provide specific examples of original artistic contributions or establish their significance. Letters from bandmates provided general praise but did not demonstrate the impact of his work outside the band. The Petitioner’s claim of bringing reggae to Venezuela was not corroborated. This criterion under 8 C.F.R. § 204.5(h)(3)(v) was not met.
Leading or Critical Role: Detailed discussion of this criterion was reserved, as the Petitioner did not meet the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided articles, but they did not establish him as the primary subject or qualify as major media.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field.
Participation as a Judge:
Not applicable.
Membership in Associations:
The Petitioner did not establish that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish his roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner’s work was displayed at artistic exhibitions or showcases, satisfying this criterion.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of performances. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criterion for display at artistic exhibitions or showcases, the evidence provided did not establish his receipt of nationally or internationally recognized awards, his memberships in associations requiring outstanding achievements, his published material in major media, or his original contributions of major significance. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
