Date of Decision: February 26, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Pop Singing
Nationality: [Not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards: The Petitioner received awards that are recognized at a national or international level.
Published material about the alien in professional or major media: The Petitioner was featured in various interviews and media publications.
Participation as a judge of the work of others: The Petitioner served as a judge in competitions or other contexts where her expertise was recognized.
Criteria Not Met:
Membership in associations that require outstanding achievements: The evidence provided did not demonstrate the Petitioner’s membership in associations that demand significant accomplishments.
Display at artistic exhibitions or showcases: Although the Petitioner participated in events, there was insufficient evidence to show these events were of significant artistic merit.
Leading or critical role for distinguished organizations or establishments: The Petitioner did not adequately demonstrate that her roles in various organizations were leading or critical.
High remuneration for services: The Petitioner did not provide sufficient comparative data to establish that her earnings were high relative to others in her field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner received several awards; however, the significance and recognition of these awards on a national or international level were not sufficiently documented.
Key quotes or references: “The record contains evidence of a high-profile career, including television appearances and significant awards.”
Published Materials About the Petitioner:
Summary of findings: The Petitioner was featured in multiple media interviews. However, many of these interviews focused more on her personal life rather than her professional accomplishments.
Key quotes or references: “The media’s interest in the Petitioner’s personal life is, itself, some indication of the public’s interest in the Petitioner.”
Original Contributions of Major Significance:
Summary of findings: The Petitioner claimed various significant contributions, but the evidence did not demonstrate sustained national or international acclaim.
Key quotes or references: “The record does not identify any released recordings or contain any evidence of their commercial release.”
Participation as a Judge:
Summary of findings: The Petitioner participated as a judge in various competitions, meeting the criterion.
Key quotes or references: “The Petitioner met the criteria for participation as a judge of the work of others.”
Membership in Associations:
Summary of findings: The evidence did not sufficiently demonstrate the Petitioner’s membership in associations requiring outstanding achievements.
Key quotes or references: Not applicable.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
Summary of findings: The Petitioner’s roles in various organizations were not adequately demonstrated to be leading or critical.
Key quotes or references: “The Petitioner has not shown that these appearances generated attention at a level consistent with national or international acclaim.”
Artistic Exhibitions or Showcases:
Summary of findings: The Petitioner participated in artistic events, but there was insufficient evidence to show these events were of significant merit.
Key quotes or references: Not applicable.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not provide sufficient comparative data to establish high remuneration relative to others in her field.
Key quotes or references: “The Petitioner has not submitted objective, documentary evidence to allow a meaningful comparison between her earnings and those of others in the field.”
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
Media Interviews: Multiple interviews and media appearances focusing on both personal and professional aspects.
Contracts: Copies of contracts demonstrating earnings for specific projects.
Event Participation: Evidence of participation in various events and performances, particularly within cultural communities.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The evidence provided did not support the level of recognition and influence required for the EB1 Extraordinary Ability classification.
Next Steps
Recommendations: The Petitioner may consider gathering more robust and independent evidence of her sustained impact and significance within the field, securing credible letters of support, and reapplying with a stronger case.
