Date of Decision: DEC. 13, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others:
The petitioner met the requirements by providing evidence of participation as a judge of the work of others in their field.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner did not provide evidence that the awards received were nationally or internationally recognized for excellence in their field.
Membership in associations that require outstanding achievements:
The petitioner did not provide sufficient evidence of membership in associations requiring outstanding achievements judged by recognized experts.
Published material about the individual in professional or major trade publications or other major media:
The petitioner did not submit adequate documentation showing published material about her in major trade publications or other major media.
Original contributions of major significance:
The petitioner failed to demonstrate that her contributions were of major significance to the field. Letters from experts did not provide sufficient corroborative evidence.
Authorship of scholarly articles:
The petitioner did not provide sufficient evidence that her articles were published in professional or major trade publications or other major media.
Display of the alien’s work in the field at artistic exhibitions or showcases:
The petitioner did not demonstrate that her work was displayed at artistic exhibitions or showcases.
Leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner did not provide sufficient evidence to show her role was critical for organizations with a distinguished reputation.
High salary or other significantly high remuneration for services:
The petitioner did not establish that their salary was significantly high in relation to others in the field.
Commercial successes in the performing arts:
The petitioner did not provide evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The petitioner did not provide documentation of any recognized awards or prizes that met the criteria for national or international recognition.
Published Materials About the Petitioner:
Summary of findings:
The articles provided did not meet the standards for major trade publications or major media, nor did they contain sufficient details such as titles, dates, and authors.
Original Contributions of Major Significance:
Summary of findings:
The contributions claimed by the petitioner were not substantiated as being of major significance to their field. The letters provided did not adequately demonstrate the significant impact of the petitioner’s work on the industry as a whole.
Participation as a Judge:
Summary of findings:
The petitioner provided evidence of participation as a judge in their field, fulfilling this criterion.
Membership in Associations:
Summary of findings:
The petitioner did not demonstrate that her memberships in associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Summary of findings:
The petitioner did not provide sufficient evidence that her articles were published in professional or major trade publications or other major media.
Leading or Critical Role Performed:
Summary of findings:
The petitioner did not demonstrate that they held a leading or critical role in organizations with a distinguished reputation. The evidence provided did not meet the required standards.
Artistic Exhibitions or Showcases:
Summary of findings:
The petitioner’s participation in various artistic exhibitions and showcases was not demonstrated.
Evidence of High Salary or Remuneration:
Summary of findings:
The petitioner did not provide sufficient evidence to demonstrate that their salary was significantly high in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings:
The petitioner did not provide evidence to show commercial successes in the performing arts.
Supporting Documentation
- Judging Participation:
Evidence of the petitioner’s participation as a judge in their field. - Expert Letters:
Letters from experts claimed contributions but lacked detailed evidence of major significance. - Published Articles:
Articles provided did not establish publication in major trade or professional media. - Salary Comparison:
Inadequate comparison to similar roles in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documents that fulfill at least three of the ten lesser criteria. The totality of the material provided did not support a conclusion that the petitioner has established the acclaim and recognition required for the classification sought. The evidence did not demonstrate that the petitioner is among the small percentage at the very top of their field.
Next Steps:
It is recommended that the petitioner consider alternative visa classifications or provide additional evidence addressing the deficiencies noted in the appeal decision.
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