Date of Decision: September 7, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Singer
Field: Pop Singing
Nationality: [Not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards: The Petitioner satisfied the criterion for awards, as she had received some recognition in her field.
Judging: The Petitioner met the criterion for judging, having served as a judge in relevant competitions.
Published Material: The Petitioner met the criterion relating to published material about her work.
Criteria Not Met:
Membership in Associations: The Petitioner did not sufficiently demonstrate membership in associations that require outstanding achievements of their members.
Artistic Exhibitions or Showcases: The evidence provided did not substantiate claims of significant exhibitions or showcases.
Leading or Critical Role: The Petitioner failed to demonstrate a leading or critical role in distinguished organizations.
High Salary: The Petitioner did not provide sufficient evidence of high salary or significantly higher remuneration compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner had some recognition, but the details and extent were not sufficient to establish sustained national or international acclaim.
Published Materials About the Petitioner:
While there was media coverage of the Petitioner, it primarily highlighted her past achievements and did not demonstrate ongoing acclaim or significant recent contributions.
Original Contributions of Major Significance:
The Petitioner did not provide compelling evidence of contributions that had a major impact on her field.
Participation as a Judge:
The Petitioner participated as a judge in some competitions, but this alone was not sufficient to meet the overall criteria for extraordinary ability.
Membership in Associations:
The associations mentioned did not have sufficiently stringent entry requirements or notable recognition to support her claims of extraordinary ability.
Authorship of Scholarly Articles:
There was no mention of scholarly articles authored by the Petitioner that would support her claim.
Leading or Critical Role Performed:
Evidence of leading or critical roles in organizations or events was lacking or insufficiently documented.
Artistic Exhibitions or Showcases:
The Petitioner claimed participation in exhibitions and showcases, but the provided documentation did not meet the necessary standards.
Evidence of High Salary or Remuneration:
The Petitioner did not demonstrate that she earned a salary or remuneration significantly higher than others in her field.
Commercial Successes in the Performing Arts:
There were no significant commercial successes documented that would indicate extraordinary ability.
Supporting Documentation
The Petitioner provided various supporting documents, but these were not sufficient to meet the burden of proof required for the EB1 classification. Key documents included media articles, awards, and evidence of participation in events, but these did not collectively establish sustained national or international acclaim.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning: The Petitioner did not establish that she met the criteria for extraordinary ability at the necessary level. The evidence did not demonstrate sustained national or international acclaim or that she was among the top in her field.
Next Steps: The Petitioner may consider gathering more substantial and comprehensive evidence of her achievements and acclaim before filing another petition or appeal.
