Date of Decision: February 11, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer and Performer
Field: Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
Published Material: The petitioner submitted an article entitled ‘XXX’ published in the Entertainment Section of ‘XXX’, a major media publication. The petitioner has shown that ‘XXX’ reaches 1.8 million readers in several markets daily.
Participation as a Judge: The petitioner has served as a judge of performers for his employer. Specifically, the record includes an undated letter from Ms. XXX stating that the petitioner has been asked to join a panel and be a judge of the work of others to help select talent.
Criteria Not Met
Lesser Prizes or Awards: The petitioner asserted the award ‘XXX’ as nationally or internationally recognized, but failed to provide independent evidence such as journalistic coverage or other substantial documentation that supports this claim.
Artistic Exhibitions or Showcases: The petitioner’s performances, including appearances on television shows and other events, do not qualify as artistic exhibitions or showcases as per the criteria, which are limited to the visual arts.
Key Points from the Decision
Awards and Prizes Won
The petitioner did not present documentation of receiving lesser nationally or internationally recognized prizes or awards for excellence in the field. The award cited was given weekly to amateur performers and was not substantiated with independent evidence of national or international recognition.
Published Materials About the Petitioner
The petitioner has met the criteria by submitting an article published in ‘XXX’, which is recognized as major media. The article discussed the petitioner’s experience competing in a television show.
Original Contributions of Major Significance
Not applicable.
Participation as a Judge
The petitioner has served as a judge of performers for his employer, fulfilling this criterion.
Membership in Associations
Not applicable.
Authorship of Scholarly Articles
Not applicable.
Leading or Critical Role Performed
Not applicable.
Artistic Exhibitions or Showcases
The petitioner’s performances do not meet the criteria for artistic exhibitions or showcases as per the USCIS definition.
Evidence of High Salary or Remuneration
Not applicable.
Commercial Successes in the Performing Arts
Not applicable.
Supporting Documentation
- Article from ‘XXX’: An article published in the Entertainment Section of ‘XXX’ about the petitioner’s experience on a television show, reaching 1.8 million readers.
- Letter from Ms. XXX: Stating the petitioner’s participation as a judge of performers for his employer.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not provide sufficient evidence to meet the criteria for EB1 Extraordinary Ability. Specifically, the petitioner’s award was not nationally or internationally recognized, and performances did not qualify as artistic exhibitions or showcases.
Next Steps: The petitioner may file a motion to reconsider or a motion to reopen within 33 days of the decision date. Recommendations for future petitions include providing independent evidence of awards and more substantial documentation of sustained national or international acclaim.
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