Date of Decision: January 26, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Folk and Classical Music
Nationality: Armenian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging: The petitioner demonstrated experience judging the work of others in the field. Evidence showed he participated as a judge in various music competitions and events.
- Display of Work: The petitioner provided evidence of his performances and exhibitions as a singer at recognized venues and events.
Criteria Not Met:
- Membership in Associations: The petitioner failed to demonstrate that his membership in certain associations required outstanding achievements judged by recognized national or international experts.
- Leading or Critical Role: Insufficient evidence was provided to show that the petitioner’s role in various organizations was leading or critical to their success.
- High Salary or Remuneration: The petitioner did not provide comparative evidence to establish his salary was significantly high relative to others in the field.
- Commercial Successes: There was a lack of documented evidence, such as box office receipts or sales figures, to prove commercial successes in the performing arts.
- Authorship of Scholarly Articles: The petitioner did not author any scholarly articles in the field.
- Published Material About the Petitioner: The petitioner provided some articles, but they were deemed insufficient to qualify as significant published material about his work in major media or trade publications.
- Lesser Nationally or Internationally Recognized Prizes: The petitioner’s awards did not meet the criteria for lesser nationally or internationally recognized prizes due to a lack of detailed documentation on the award selection process.
- Original Contributions of Major Significance: The evidence did not demonstrate that the petitioner’s contributions to the field were of major significance.
Key Points from the Decision
Awards and Prizes Won: The petitioner presented awards from the Armenian Ministry of Culture, but these were not sufficiently documented to meet the criteria for nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner: Articles provided were more promotional in nature and did not qualify as significant published material about the petitioner’s work.
Original Contributions of Major Significance: Letters from peers recognized the petitioner’s talent but failed to show his contributions had a major impact on the field.
Participation as a Judge: This was one of the criteria met, with sufficient evidence of the petitioner’s involvement in judging music competitions.
Membership in Associations: The petitioner’s membership in certain associations was not adequately supported with evidence of stringent membership requirements judged by national or international experts.
Leading or Critical Role: The petitioner’s roles in various ensembles were not sufficiently documented to be considered leading or critical.
Authorship of Scholarly Articles: The petitioner did not contest this criterion, acknowledging the lack of authorship.
Artistic Exhibitions or Showcases: Evidence was provided but was insufficient to meet the regulatory requirements.
Evidence of High Salary or Remuneration: Comparative evidence of high salary or remuneration was not provided.
Commercial Successes in the Performing Arts: Documentation of commercial successes, such as box office receipts, was lacking.
Supporting Documentation
- Letters from Experts: Provided but deemed insufficient for several criteria.
- Performance Programs and Flyers: Submitted to show exhibitions and performances.
- Award Certificates: Presented but lacked detailed documentation on the selection process and criteria.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required evidentiary criteria to establish extraordinary ability. The documentation provided was not sufficient to demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the very top of the field.
Next Steps: It is recommended that the petitioner gather more comprehensive and detailed evidence to meet the specific criteria if considering reapplication. This includes providing detailed documentation for awards, comparative salary information, and more substantial evidence of significant contributions to the field.
