Date of Decision: OCT. 1, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Performing Arts
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The Petitioner provided evidence of participation as a judge for singing contests at elementary and high schools.
Artistic Exhibitions or Showcases:
The Petitioner performed as a singer for three bands in concerts at various venues, such as hotels, resorts, and pubs.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner claimed to meet this criterion based on receiving a “Gold Record Award” for selling 20,000 copies of an album. However, the Petitioner did not demonstrate that the award was nationally or internationally recognized for excellence.
Membership in Associations:
The Petitioner did not establish that employment with various bands as a contract artist constituted “membership” in an association that requires outstanding achievements judged by recognized experts.
Published Material About the Petitioner:
The Petitioner provided advertisements, flyers, and articles that did not qualify as major trade publications or other major media about the Petitioner herself. The materials primarily related to the band as a whole rather than focusing on the Petitioner.
Leading or Critical Role:
The Petitioner did not establish that the bands she was associated with had distinguished reputations or that her role was critical to the success of the organizations.
Commercial Successes in the Performing Arts:
While the Petitioner demonstrated that an album sold 20,000 copies, she did not establish that this qualified as a commercial success relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s evidence did not demonstrate that the “Gold Record Award” received was recognized nationally or internationally for excellence.
Published Materials About the Petitioner:
The evidence provided included advertisements and flyers that did not meet the requirements for published material in major media about the Petitioner.
Original Contributions of Major Significance:
No evidence provided demonstrated original contributions of major significance in the field.
Participation as a Judge:
The Petitioner successfully demonstrated participation as a judge for singing contests, fulfilling this criterion.
Membership in Associations:
The Petitioner’s employment as a contract artist did not qualify as membership in an association requiring outstanding achievements.
Authorship of Scholarly Articles:
No evidence provided demonstrated authorship of scholarly articles.
Leading or Critical Role Performed:
The Petitioner did not establish that her roles in the bands were critical to the organizations’ success.
Artistic Exhibitions or Showcases:
The Petitioner performed in various venues, fulfilling this criterion.
Evidence of High Salary or Remuneration:
No evidence provided demonstrated high salary or remuneration.
Commercial Successes in the Performing Arts:
The Petitioner did not establish that album sales constituted commercial success relative to others in the field.
Supporting Documentation
- Photograph of Gold Record Award: Provided but not sufficient to demonstrate national or international recognition.
- Employment Letters: Provided to demonstrate roles in various bands but not sufficient for the criteria.
- Advertisements and Flyers: Provided but did not meet the requirements for published materials about the Petitioner.
Conclusion
Final Determination: Denied
Reasoning:
The Petitioner did not meet the initial evidence requirements of either a one-time achievement or documents that meet at least three of the ten criteria. Upon review, the evidence provided did not demonstrate the acclaim and recognition required for the classification sought.
Next Steps:
Recommendations for the petitioner include gathering more substantial evidence of national or international acclaim, focusing on achieving major recognized awards, and providing detailed documentation to support claims in future petitions.
