Date of Decision: December 14, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer and Composer
Field: Music
Nationality: Kazakhstani
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None Met: The Director reviewed the evidence and determined that the petitioner did not satisfy any of the required criteria for extraordinary ability.
Criteria Not Met:
- Awards: The petitioner submitted cell phone pictures of himself with certificates that lacked information about the award and the awarding organization, leading to the conclusion that the evidence was fabricated.
- Membership: There was no substantial documentation supporting the petitioner’s claim of membership in prestigious organizations.
- Published Materials: Insufficient documentation to prove that the petitioner was the subject of published material about their work.
- Judging: Lack of evidence to support the claim that the petitioner had served as a judge of the work of others in the field.
- Contributions of Major Significance: The petitioner did not provide sufficient evidence of significant original contributions in the field of music.
Key Points from the Decision
Awards and Prizes Won
- The petitioner submitted photos and documents that appeared to be fabricated or staged, failing to provide authentic evidence of recognized awards.
Published Materials About the Petitioner
- There was no substantial evidence submitted to support that the petitioner was featured in major media articles or other significant publications.
Original Contributions of Major Significance
- The claim of being the author of 300 works contributing to the development of music in Kazakhstan was unsubstantiated by concrete evidence.
Participation as a Judge
- No credible documentation was provided to show that the petitioner participated as a judge of others’ work in the field of music.
Membership in Associations
- The petitioner failed to provide evidence of membership in associations that require outstanding achievements for membership.
Authorship of Scholarly Articles
- There was no evidence of the petitioner authoring scholarly articles in the field.
Leading or Critical Role Performed
- The petitioner’s assertions about leading roles in music projects were not supported by probative evidence.
Artistic Exhibitions or Showcases
- Lack of evidence to support claims of participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration
- Insufficient evidence was provided to demonstrate that the petitioner received a high salary compared to others in the field.
Commercial Successes in the Performing Arts
- No credible evidence was presented to show commercial successes in the performing arts.
Supporting Documentation
- Cell Phone Pictures: Images of awards lacking supporting documentation.
- Promotional Material for G-T- Film: Provided as evidence but found to be fabricated, particularly since the claimed producer had passed away before the alleged agreements were made.
- Composer Agreement and Term Sheet: Submitted agreements found to be inconsistent and lacking credibility.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner failed to meet the required criteria for extraordinary ability, provided fabricated evidence, and did not demonstrate clear plans to continue work in the claimed area of expertise in the United States.
Next Steps: The petitioner may consider reapplying with genuine, well-documented evidence or seek legal advice for further actions.
