Date of Decision: January 8, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Arts (Music)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- Lesser Nationally or Internationally Recognized Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)): The petitioner submitted certificates of appreciation, recognition, participation, and commendation letters, but the AAO found they lacked evidence of national or international recognition. Awards from multiple localities did not elevate their significance.
- Published Material About the Petitioner (8 C.F.R. § 204.5(h)(3)(iii)): The petitioner submitted social media links (YouTube, Instagram) and some translated interviews, but these did not establish publication in professional or major media. Translations generated by “Google” or “ChatGPT 3.5” were deemed unreliable and non-compliant with USCIS translation requirements.
- Other Claimed Criteria (8 C.F.R. § 204.5(h)(3)(v) and (viii)): The AAO declined to analyze these because even if met, the petitioner would still not satisfy three criteria, making them unnecessary to the final outcome.
Key Points from the Decision
- Insufficient Awards Evidence: Certificates and commendations lacked proof of national or international prestige.
- Unreliable Translations: Use of Google Translate and ChatGPT-based translations failed to meet USCIS certification standards.
- Social Media Evidence Not Sufficient: YouTube and Instagram links did not qualify as major media under the regulatory standard.
- Threshold Not Reached: Without at least three criteria met, the petition could not advance to a final merits determination.
Final Merits Determination
The AAO dismissed the appeal, concluding that the petitioner failed to establish eligibility by not meeting at least three of the required criteria. The record as a whole did not demonstrate sustained national or international acclaim or show that the petitioner is among the small percentage at the top of the field.
Supporting Documentation
- Awards Evidence: Certificates of participation, appreciation, and commendation.
- Media Evidence: YouTube and Instagram links; translations of interviews.
- Translations: Google and ChatGPT-based translations, deemed invalid.
- Other Evidence: Biographical materials and articles, but not recognized as major media.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner did not demonstrate that his evidence satisfied at least three of the regulatory criteria and failed to establish the level of acclaim required for EB-1 classification.
