Date of Decision: JUNE 20, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published materials about the petitioner: Documentation was provided showing the petitioner’s involvement in projects that were discussed in major media related to the field.
Criteria Not Met:
- Receipt of lesser nationally or internationally recognized prizes or awards: Despite claims of involvement in award-winning projects, the petitioner did not personally receive these awards, nor were the awards directly relevant to her specific field of expertise.
- Leading or critical roles: The petitioner failed to establish that her musical roles were leading or critical for the projects mentioned. The evidence did not demonstrate that these roles were significant to the project’s success.
- Commercial successes: While box office figures were provided for films the petitioner worked on, there was no evidence linking these successes specifically to her contributions, nor sufficient information to determine if these figures represented significant commercial success.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner listed involvement in various projects that received awards but did not provide evidence that these awards were won by her personally or were recognized nationally or internationally as required.
Leading or critical role performed:
- Evidence did not support that the petitioner’s roles were crucial or irreplaceable within the productions mentioned.
Supporting Documentation
- Various printouts from media and film industry awards to support claims of recognition and impact.
- Submissions regarding box office sales of films petitioner was involved with, but without detailed context or relevance to her personal contribution.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not provide sufficient evidence to meet the required criteria for classification as an individual of extraordinary ability in the arts.
Reasoning: The appeal was dismissed based on insufficient evidence to meet the required criteria, particularly in demonstrating that the petitioner’s roles were leading, critical, or directly linked to claimed awards.
Next Steps: The petitioner may consider providing additional, more specific evidence directly linking her contributions to critical acclaim and commercial success in future petitions.
