Date of Decision: FEB. 4, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Tango Dancer and Teacher
Field: Arts
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material: The Petitioner had four qualifying articles about him in major media, specifically in Clarin and La Nacion.
Participation as a Judge: The Petitioner judged a tango competition.
Artistic Exhibitions or Showcases: The Petitioner performed at various venues around the world, including exhibitions.
Criteria Not Met:
Awards and Prizes: No major, internationally recognized award presented.
Original Contributions of Major Significance: Letters of recommendation did not establish significant influence or contributions recognized by the field.
Leading or Critical Role: The roles were not shown to be significantly important or influential within distinguished organizations.
High Salary or Remuneration: No evidence provided.
Commercial Successes in the Performing Arts: Not claimed or evidenced.
Membership in Associations: Not mentioned.
Authorship of Scholarly Articles: Not mentioned.
Key Points from the Decision
Awards and Prizes Won: (if applicable)
Not applicable as no major awards were presented.
Published Materials About the Petitioner:
The Petitioner provided four articles from Clarin and La Nacion. Additional documents such as playbills and posters were not considered major media.
Original Contributions of Major Significance:
The letters praised the Petitioner but did not demonstrate significant influence or major contributions recognized by the field.
Participation as a Judge:
The Petitioner judged at various tango competitions but did not establish how this placed him at the very top of his field.
Membership in Associations:
Not applicable or mentioned.
Authorship of Scholarly Articles:
Not applicable or mentioned.
Leading or Critical Role Performed:
The Petitioner did not demonstrate significant importance or influence in his roles within productions.
Artistic Exhibitions or Showcases:
The Petitioner performed at various venues, including Broadway, movies, and festivals, but did not show acclaim consistent with the classification.
Evidence of High Salary or Remuneration:
Not applicable or mentioned.
Commercial Successes in the Performing Arts:
Not applicable or mentioned.
Supporting Documentation
- Articles from Clarin and La Nacion: Provided evidence of media coverage but did not establish sustained national or international acclaim.
- Judging at Competitions: Documented instances of judging but not sufficient to establish extraordinary ability.
- Letters of Recommendation: Praised the Petitioner’s talent but did not demonstrate major influence or significant contributions.
- Performance Documentation: Provided evidence of performances but lacked proof of critical acclaim or significant impact.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The Petitioner did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The evidence provided did not meet the high standard required for the EB-1 classification.
Next Steps: The Petitioner may consider gathering more substantial evidence of national or international acclaim and reapplying or exploring other visa options.
