Date of Decision: July 26, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music Performance
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner claimed to satisfy five regulatory criteria under 8 C.F.R. § 204.5(h)(3), but the Administrative Appeals Office (AAO) determined that the petitioner did not meet any of these criteria.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner submitted certificates and photographs of awards, including a fourth-place finish in a singing competition.
- The AAO determined that these awards were not nationally or internationally recognized for excellence, and local media coverage did not substantiate their significance.
- Membership in Associations:
- Evidence of membership in the Music and Literature Association lacked proof of rigorous selection criteria requiring outstanding achievements judged by recognized experts.
- The petitioner’s council membership in this association had also lapsed by the time of the petition filing.
- Published Material About the Petitioner:
- The petitioner submitted online articles and photos from websites, including Baidu Baike and Yahoo! News.
- The AAO determined that many sources were user-edited, lacked attribution, or failed to establish publication in major trade or professional media.
- Participation as a Judge of the Work of Others:
- The petitioner claimed participation in judging musical competitions.
- The AAO reserved judgment on this criterion as other deficiencies precluded approval.
- Original Contributions of Major Significance:
- The petitioner waived this criterion on appeal by failing to contest the Director’s original decision.
Key Points from the Decision
Published Material:
The petitioner argued that websites like World Journal and Yahoo! News should be considered major media. However, the AAO noted that articles lacked independent reporting and did not meet the evidentiary standards.
Awards:
The AAO stated that awards like the fourth-place finish in a small competition were insufficient to demonstrate national or international recognition.
Membership in Associations:
The petitioner’s evidence did not demonstrate that the associations required outstanding achievements judged by recognized experts, as required by the regulations.
Final Merits Determination Not Reached:
Since the petitioner did not meet at least three regulatory criteria, the AAO did not proceed to a final merits determination.
Supporting Documentation
Awards Evidence: Provided certificates and photographs of prizes but insufficiently documented their significance.
Membership Evidence: Lacked corroboration of rigorous selection standards for associations.
Published Materials: Articles submitted failed to meet the standards for major professional or trade media.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet any regulatory criteria under 8 C.F.R. § 204.5(h)(3). The record failed to demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of the field.
