Date of Decision: APR. 22, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music
Nationality: Albanian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None explicitly met as stated
Criteria Not Met:
Criterion 1: Receipt of lesser nationally or internationally recognized prizes or awards for excellence. The awards submitted lacked sufficient evidence of national or international recognition.
Criterion 2: Membership in associations requiring outstanding achievements. The associations mentioned did not have stringent criteria for judging outstanding achievements.
Criterion 3: Published material about the petitioner in professional or major trade publications. Articles were either incomplete or not in recognized major media.
Criterion 4: Participation as a judge of others’ work. The judging role was not related to the petitioner’s field of specialization.
Criterion 5: Original contributions of major significance in the field. No specific contributions were adequately demonstrated or recognized as major significant in the field.
Criterion 6: Performance in a leading or critical role for organizations with a distinguished reputation. The evidence did not support a critical or leading role.
Criterion 7: Command of a high salary or significant remuneration. Evidence provided was not sufficient to demonstrate a high salary in the field compared to others.
Criterion 8: Commercial successes in the performing arts. Evidence like YouTube views and digital streaming did not equate to commercial success as defined by the criterion.
Key Points from the Decision
Published Materials About the Petitioner: Most of the articles about the petitioner focused on personal life rather than professional achievements and lacked necessary details like authorship and dates.
Original Contributions of Major Significance: The evidence did not specifically highlight any original contributions by the petitioner that had a major impact on the field of music.
Supporting Documentation
- Evidence of awards and prizes that were not recognized as significant at a national or international level.
- Membership documentation from associations that do not have stringent requirements.
- Various articles and interviews that lack professional relevance or detailed citation.
- Letters and translations that did not meet the regulatory standards for evidence submission.
Conclusion
Final Determination: The petitioner did not meet the required criteria for classification as an individual of extraordinary ability in the arts. The appeal is dismissed based on the inability to establish the required level of expertise and recognition in the field of music.
Reasoning: The evidence submitted was either insufficient, did not meet the criteria, or was not adequately verified according to regulatory standards.
Next Steps: It is recommended that the petitioner reassess the documentation and potentially seek expert advice to better align with the evidentiary requirements for future submissions.
