Date of Decision: October 10, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Music and Performing Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner satisfied only two criteria.
Criteria Met:
- Participation as a Judge of the Work of Others:
- The petitioner served as a judge for the Islami Song (Single) category at a festival in 2023. Evidence included certificates and an article in New Nation.
- Display of Work at Artistic Exhibitions or Showcases:
- The petitioner performed at recognized music festivals, fulfilling this criterion.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner submitted awards such as “Best Debut by Popular Choice” and an honorary award for contributions to music. However, the significance and recognition of these awards at the national or international level were not demonstrated.
- Membership in Associations:
- Memberships in organizations like the Bangladesh Shilpakala Academy, Bangladesh Television, and Bangladesh Betar were presented, but evidence did not establish that these memberships required outstanding achievements judged by recognized experts.
- Published Material About the Petitioner:
- Articles submitted were either not authored by professionals or lacked proper certification of translations, and some articles were about events rather than the petitioner specifically.
- High Salary or Significantly High Remuneration:
- Contracts and letters indicated the petitioner’s earnings, but comparative data to substantiate her income as significantly high were not provided.
- Commercial Successes in the Performing Arts:
- Agreements and promotional materials were provided, but evidence of significant sales or box office receipts reflective of commercial success was lacking.
Key Points from the Decision
Awards Evidence:
- Awards were not demonstrated as nationally or internationally recognized for excellence.
Membership Evidence:
- Memberships lacked documentation proving they required outstanding achievements judged by recognized experts.
Published Material:
- Articles did not meet evidentiary standards due to issues with authorship, translation, and relevance.
Remuneration and Commercial Success:
- Evidence of salary and performance earnings did not include valid comparisons or proof of significant financial achievements.
Final Merits Determination:
- The AAO concluded that the totality of the evidence did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the very top of her field.
Supporting Documentation
Judging Evidence: Certificates and records of participation as a judge at music competitions.
Artistic Display Evidence: Performances at recognized music festivals and events.
Award Evidence: Certificates of recognition, insufficiently demonstrated as nationally or internationally significant.
Published Material Evidence: Articles with translation and authorship issues, lacking sufficient prominence.
Remuneration Evidence: Contracts and tax forms, without comparative data to establish significantly high earnings.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met two regulatory criteria under 8 C.F.R. § 204.5(h)(3). However, the evidence provided did not establish the sustained national or international acclaim required for EB-1 classification.
