Date of Decision: April 15, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Songwriter, Musician, and Producer
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Commercial Success in the Performing Arts:
The Petitioner demonstrated commercial success through contributions to several billboard charting songs and RIAA certifications for various artists.
Evidence of High Salary or Other Significantly High Remuneration:
The Petitioner provided evidence of a high salary relative to others in his field.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The SOCAN Songwriting Prize was deemed not to be a sufficient indicator of excellence due to its focus on emerging artists and the involvement of public voting.
The evidence did not establish that the SOCAN Songwriting Prize is nationally or internationally recognized within the music industry.
Leading or Critical Role for Organizations with Distinguished Reputation:
The Petitioner’s contributions as a songwriter, producer, and musician were recognized, but the evidence did not show that he played a leading or critical role within any organization of distinguished reputation.
The evidence did not support the claim that individual artists with whom the Petitioner worked should be considered organizations.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The SOCAN Songwriting Prize did not meet the criteria due to limitations on potential awardees and the method of award determination based on public voting.
Key Quotes or References:
“The rules do not establish that the winner of the SOCAN Songwriting Prize is awarded for excellence in songwriting as opposed to popularity.”
Leading or Critical Role:
Summary of Findings:
The Petitioner’s roles in various companies and projects did not demonstrate significant leadership or critical importance to the organizations’ overall success.
Key Quotes or References:
“Although the evidence shows that the Petitioner has contributed to several commercially successful songs, it does not show that these results were of significant importance to the company’s overall activities.”
Supporting Documentation
Letters from Industry Professionals:
Provided testimonials regarding the Petitioner’s contributions to the music industry and specific projects.
Contracts and Credits:
Included contracts with various music companies and credits on songs by well-known artists.
Media Coverage:
Included press releases and articles about the Petitioner’s work and awards, though not sufficient to establish widespread industry recognition.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not provide sufficient evidence to meet the requirement of at least three of the ten criteria for extraordinary ability.
The totality of the evidence did not support a finding of sustained national or international acclaim or recognition as one of the top individuals in the field of music.
Next Steps:
The Petitioner may consider gathering additional evidence that directly demonstrates leadership roles, critical contributions, and widespread recognition within the music industry.
Consulting with an immigration attorney specializing in extraordinary ability petitions may help in better presenting the case for future appeals or petitions.
