Date of Decision: March 10, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Vocal Music
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging: The Petitioner satisfied the criterion relating to serving as a judge of the work of others in the same or an allied field of specialization.
Criteria Not Met:
- Awards: The Petitioner did not provide sufficient evidence to meet the criterion for awards.
- Published Material: The evidence provided did not meet the criterion for published material.
- Original Contributions: The Petitioner failed to demonstrate original contributions of major significance.
- Display: Although the Petitioner demonstrated eligibility for the display criterion, it was not sufficient for the overall requirement.
- Leading or Critical Role: The Petitioner did not establish that they performed a leading or critical role.
- High Salary: There was insufficient evidence to satisfy the criterion for high salary.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of any significant awards or prizes that meet the regulatory requirements.
Published Materials About the Petitioner:
The evidence submitted did not meet the required standards for published materials in the designated field.
Original Contributions of Major Significance:
The Petitioner did not adequately demonstrate contributions of major significance in the field of vocal music.
Participation as a Judge:
The Petitioner did meet the criterion for participation as a judge of others’ work in the same or an allied field.
Membership in Associations:
The Petitioner did not provide evidence of membership in associations that require outstanding achievements.
Authorship of Scholarly Articles:
There was no evidence submitted that met the criteria for authorship of scholarly articles.
Leading or Critical Role Performed:
The evidence did not establish that the Petitioner performed in a leading or critical role for organizations or establishments with a distinguished reputation.
Artistic Exhibitions or Showcases:
The evidence for artistic exhibitions or showcases was considered but was not sufficient to meet the overall requirements.
Evidence of High Salary or Remuneration:
The Petitioner did not provide sufficient documentation of high salary or significantly higher remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
The evidence of commercial success in the performing arts was not sufficient to satisfy the regulatory criteria.
Supporting Documentation
- Form I-290B: Notice of Appeal or Motion
- Supporting Statements and Evidence: Documents provided in response to the request for evidence (RFE) and in support of the initial petition.
- Administrative Appeals Office (AAO) Decision: The previous decision made by the AAO.
Conclusion
Final Determination:
The motion to reconsider was dismissed.
Reasoning:
The Petitioner did not establish that the previous decision incorrectly applied the law or policy based on the evidence in the record.
Next Steps:
The Petitioner may consider gathering additional, substantial evidence to support the criteria not met and refile or pursue other available immigration options.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20234562
MAR102022_01B2203
