Date of Decision: June 9, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music
Nationality: Not specified
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 member of the jury for the Festival Internacional Orquidea de Oro, satisfying the criterion for judging.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed the Mara de Oro (Golden Mara) award. However, the evidence provided did not sufficiently establish that this award is nationally or internationally recognized for excellence in the field of music. The supporting documentation did not include objective evidence regarding the criteria used to grant the award, its national or international significance, or comprehensive information about the award’s background.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner received the Mara de Oro award. However, the documentation provided did not sufficiently establish that the award is nationally or internationally recognized for excellence in music. The letter from the Fundacion Mara de Oro de Venezuela e Internacional provided general information about the award but lacked sufficient detail to establish its national or international significance.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not contest the Director’s finding on this issue, and no additional evidence was provided on appeal.
Original Contributions of Major Significance:
Summary of findings: No evidence provided.
Participation as a Judge:
Summary of findings: The Petitioner participated as a member of the jury for the Festival Internacional Orquidea de Oro, satisfying this criterion.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not meet the required standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met one criterion but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
