Date of Decision: July 11, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Saxophonist and Yoga/Meditation Instructor
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 was a featured saxophone soloist at events such as a jazz performance at a renowned venue in Massachusetts.
Criteria Not Met:
Membership in associations: The petitioner did not establish membership in associations that require outstanding achievements judged by recognized experts. The memberships mentioned were either part of her academic enrollment or did not meet the high standard required.
Original contributions of major significance: The letters submitted did not provide specific examples of how the petitioner’s contributions have significantly impacted the field.
Leading or critical role: The petitioner did not demonstrate that she held a leading or critical role in any distinguished organization. The roles mentioned were not substantiated with evidence showing significant impact.
High salary or remuneration: The petitioner did not provide sufficient evidence to show that her earnings were significantly high compared to others in her field.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not provide evidence of nationally or internationally recognized awards.
Published Materials About the Petitioner:
- The petitioner did not provide qualifying published material about her, such as articles in major trade publications.
Original Contributions of Major Significance:
- The recommendation letters praised the petitioner’s skills but did not demonstrate how her contributions have significantly influenced the field.
Participation as a Judge:
- The petitioner did not submit evidence to support this criterion.
Membership in Associations:
- The petitioner did not establish membership in associations that require outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- The petitioner did not submit evidence to support this criterion.
Leading or Critical Role Performed:
- The roles mentioned by the petitioner were not substantiated with evidence showing significant impact on the organizations.
Artistic Exhibitions or Showcases:
- The petitioner was a featured saxophone soloist at artistic events, which met this criterion.
Evidence of High Salary or Remuneration:
- The petitioner did not provide sufficient evidence to show that her earnings were significantly high compared to others in her field.
Commercial Successes in the Performing Arts:
- The petitioner did not submit evidence to support this criterion.
Supporting Documentation
- Membership Card and Letters from Academic Institutions: These did not meet the criterion for membership in associations requiring outstanding achievements.
- Recommendation Letters: Praised the petitioner’s skills but lacked specific examples of significant impact.
- Invoices and Paychecks: Provided some information on earnings but were not sufficient to establish significantly high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria.
- The petitioner did not establish that she qualifies as an individual of extraordinary ability based on the evidence provided.
Next Steps:
- The petitioner may seek other legal avenues if applicable, but the current petition and appeal are denied.
