Date of Decision: July 14, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others: The petitioner participated as a judge of the work of others in her field.
Display at Artistic Exhibitions or Showcases: The petitioner participated in artistic exhibitions or showcases.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not provide evidence of lesser nationally or internationally recognized prizes or awards for excellence in the field of music.
Published Material About the Petitioner: The petitioner did not provide sufficient evidence that the published material about her appeared in qualifying professional or major trade publications or other major media.
Original Contributions of Major Significance: The petitioner did not demonstrate original contributions of major significance in the field of music.
Leading or Critical Role: The petitioner did not provide sufficient evidence of a leading or critical role in distinguished organizations or establishments.
High Salary: The petitioner did not provide evidence of a high salary or other significantly high remuneration in relation to others in the field.
Commercial Success in the Performing Arts: The petitioner did not provide evidence of commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of any major or lesser recognized awards for excellence in music.
Published Materials About the Petitioner:
The petitioner submitted articles from various publications, but these did not establish that the publications were qualifying major media. The assertions regarding the popularity and reach of these publications were not supported by objective evidence.
Original Contributions of Major Significance:
The petitioner’s contributions were noted but did not demonstrate major significance in the field.
Participation as a Judge:
The petitioner successfully demonstrated participation as a judge of the work of others in her field.
Membership in Associations:
The petitioner did not meet the criteria for membership in associations requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
No evidence was provided for authorship of scholarly articles.
Leading or Critical Role Performed:
The petitioner did not provide sufficient evidence of a leading or critical role for any distinguished organizations.
Artistic Exhibitions or Showcases:
The petitioner provided evidence of participation in artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
The petitioner did not provide evidence to meet this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not provide evidence of commercial successes in the performing arts.
Supporting Documentation
The petitioner submitted documents including articles, letters of recommendation, and evidence of participation in exhibitions, but these were insufficient to meet the extraordinary ability criteria.
Conclusion
Final Determination:
The petitioner’s appeal was dismissed.
Reasoning:
The USCIS concluded that the petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability. While the petitioner met some criteria, the totality of the evidence did not demonstrate the sustained national or international acclaim required for this classification.
Next Steps:
The petitioner may consider gathering more substantial and detailed evidence to support her claims and ensure all filing deadlines are met in future motions or appeals. Exploring other visa categories that align more closely with her achievements and current career stage may also be advisable.
