Date of Decision: October 5, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Vocal Art, Variety-Jazz Singing
Nationality: Armenian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner met the criterion for published material about her in professional or major trade publications or other major media. Evidence included about three dozen articles covering her career from 2006 to 2018.
Participation as a Judge: The Petitioner demonstrated participation as a judge of the work of others in the field. She served on the jury for music contests on Armenia TV and judged three student festivals/contests.
Artistic Exhibitions or Showcases: The Petitioner met the criterion for displaying her work at artistic exhibitions or showcases. Evidence included performances at various venues such as the California Sports and Concerts Complex in Armenia and other venues in France.
Criteria Not Met:
Awards and Prizes: Although the Petitioner received about two dozen awards from 2003 to 2019, these awards were not deemed to place her among the small percentage at the very top of her field. Many of these awards were recently established and not indicative of the upper echelon in her field.
Media Coverage: While the Petitioner had media coverage, it was not sufficient to demonstrate that she has risen to the very top of her field. The limited and inconsistent media coverage did not reflect sustained national or international acclaim.
High Salary or Remuneration: The Petitioner did not establish that her earnings were commensurate with sustained national or international acclaim. Evidence of earnings, such as approximately $4,200 for a two-hour concert, did not demonstrate that she commanded high wages indicative of being among the top in her field.
Original Contributions of Major Significance: The Petitioner did not provide sufficient evidence to show that her contributions have been of major significance in her field. The letters of recommendation, while praising her talent, did not establish her impact on the greater field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received awards such as “Revelation of the Year” and “Hit of the Year” at the First National Music Awards in Armenia. However, these awards were not seen as indicative of the very top of her field, as many participants received awards to avoid leaving anyone offended.
Published Materials About the Petitioner:
The Petitioner submitted about three dozen articles covering her work from 2006 to 2018. This media coverage was not considered extensive enough to demonstrate that she is among the top in her field.
Original Contributions of Major Significance:
Letters of recommendation praised the Petitioner’s “unique velvety voice and exceptional melismatic singing” but did not establish her impact on the field as being significant enough to meet the criteria.
Participation as a Judge:
The Petitioner’s judging experience included evaluating aspiring singers and students, which did not demonstrate that she was evaluating work at a national or international level consistent with being at the top of her field.
Membership in Associations:
The decision did not highlight any memberships in associations that would support her standing at the top of her field.
Authorship of Scholarly Articles:
No evidence was provided regarding authorship of scholarly articles.
Leading or Critical Role Performed:
The Petitioner did not demonstrate that she performed a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases:
The Petitioner performed at notable venues, but the significance of these performances was not established to demonstrate that they placed her at the very top of her field.
Evidence of High Salary or Remuneration:
The Petitioner’s earnings did not establish her as commanding high wages indicative of sustained national or international acclaim.
Commercial Successes in the Performing Arts:
The Petitioner did not provide evidence of significant commercial successes that would demonstrate her standing at the top of her field.
Supporting Documentation
- Awards Evidence: Documentation of about two dozen awards received between 2003 and 2019.
- Media Coverage: Approximately three dozen articles from 2006 to 2018.
- Judging Evidence: Participation in music contests on Armenia TV and student festivals/contests.
- Performance Evidence: Screenshots and documentation of performances at various venues.
- Earnings Evidence: Documentation of earnings for concerts, such as $4,200 for a two-hour concert.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate, by a preponderance of the evidence, that she has 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 meet the high standard required for classification as an individual of extraordinary ability.
Next Steps: The Petitioner may consider gathering more substantial evidence that demonstrates her sustained national or international acclaim and positions her among the top of her field. Recommendations include securing more significant media coverage, obtaining higher-level awards, and providing evidence of higher earnings or significant contributions to her field.
