Date of Decision: February 25, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Songwriter and Singer
Field: Traditional Irish Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Judging the Work of Others: The Petitioner met this criterion by serving as a judge for music competitions and evaluations.
Leading or Critical Role: The Petitioner demonstrated leading or critical roles in various musical projects and organizations. This includes leading roles in musical productions and ensembles.
Criteria Not Met
Published Material in Major Media: The Petitioner submitted several media articles and printouts of a Facebook page. However, the majority of the articles were not primarily about the Petitioner but rather about the events or productions in which she participated. The evidence did not establish that the sources were professional or major trade publications or other major media.
Original Contributions of Major Significance: The Petitioner provided letters and evidence of her contributions to traditional Irish music. However, the evidence did not sufficiently demonstrate how these contributions were widely implemented or significantly impacted the field. The letters praised her work but lacked specific details on the major significance and influence of her contributions.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner did not establish that she personally received nationally or internationally recognized awards.
Published Materials About the Petitioner:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that published materials about her were in major trade or professional publications or other major media. The articles provided did not consistently meet the required standards.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field. The letters lacked specific details on how the contributions significantly influenced the field.
Participation as a Judge:
Summary of findings: The Petitioner served as a judge for music competitions and evaluations, satisfying this criterion.
Membership in Associations:
Summary of findings: No evidence provided.
Authorship of Scholarly Articles:
Summary of findings: The Petitioner did not provide sufficient evidence to establish this criterion.
Leading or Critical Role Performed:
Summary of findings: The Petitioner performed leading roles for various musical projects and organizations, satisfying this criterion.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition for the individual.
Articles and Publications: Included articles that did not consistently meet the standards for major media coverage or were not primarily about the Petitioner.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two criteria but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
