Date of Decision: May 22, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music, specifically “pop opera”
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Awards and Prizes Won: The Petitioner won a Ukrainian singing competition in 2004 at age 13, a Russian singing contest in 2005, and a talent show on Russian TV in 2015.
- Published Materials About the Petitioner: The Petitioner released his first album in 2007 and his first music video in 2011. He was also a finalist in a televised European songwriting competition in 2012.
- Original Contributions of Major Significance: The Petitioner’s vocal range of 3.5 octaves and unique style of “pop opera” have contributed to his acclaim.
- Participation as a Judge: The Petitioner has been involved in significant musical competitions, which supports his expertise and recognition in the field.
Criteria Not Met:
- Sustained National or International Acclaim: The Director initially found that the Petitioner did not demonstrate sustained national or international acclaim, although this was later reconsidered on appeal.
- Evidence of Intent to Continue Work in the U.S.: Initially, there was concern about the Petitioner’s intent to continue his career in the U.S., given his temporary work as a food deliverer during the COVID-19 pandemic.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received significant recognition early in his career, including winning notable competitions in Ukraine and Russia. His achievements as a finalist in a European songwriting competition and a winner of a Russian TV talent show further highlight his capabilities.
Published Materials About the Petitioner:
The Petitioner’s discography includes his first album in 2007 and a music video in 2011. These publications helped establish his presence in the music industry.
Original Contributions of Major Significance:
His unique vocal range and the style of “pop opera” are recognized as significant contributions to the music industry. These attributes have garnered him acclaim and opportunities to collaborate with other artists.
Participation as a Judge:
The Petitioner’s involvement in judging musical competitions showcases his expertise and the recognition of his talents by peers in the industry.
Evidence of Intent to Continue Work in the U.S.:
The Petitioner provided letters detailing his plans to continue his music career in the U.S. and evidence of performance contracts and potential collaborations. Despite a period of inactivity due to the pandemic, he demonstrated ongoing commitment to his career.
Supporting Documentation
- Letters from Former Agents and Collaborators: These letters detail the Petitioner’s engagements and plans in the U.S. music industry.
- Performance Contracts: Evidence of performance engagements in the U.S., including a 12-month contract for performances at a restaurant.
- Published Materials: Albums and music videos released by the Petitioner.
Conclusion
Final Determination: The matter is remanded for further review. The Director’s initial decision has been withdrawn, requiring a new decision consistent with the provided analysis.
Reasoning:
The Director failed to adequately explain the deficiencies in the Petitioner’s evidence regarding his extraordinary ability and intent to continue his career in the U.S. The Petitioner has provided sufficient evidence to support his claims, and any new notice of intent to revoke must address specific evidentiary deficiencies.
Next Steps:
The Petitioner should prepare to respond to any new notices of intent to revoke by providing additional evidence to support his extraordinary ability and intent to continue his career in the U.S.
