Date of Decision: June 10, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Traditional Chinese Opera Performer
Field: Performing Arts
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The petitioner provided evidence of serving as a judge in her field, which was recognized as meeting this criterion.
Criteria Not Met:
Awards and Prizes:
The petitioner submitted various certificates and commendations, including a “Certificate of Congressional Recognition” and a commendation from the “County of [redacted].” However, these were determined to be local recognitions, not nationally or internationally recognized prizes or awards for excellence in her field.
Membership in Associations:
The petitioner provided a “Membership Certificate of [redacted],” but due to inconsistencies and lack of proper verification, it was not deemed reliable or sufficient to meet the criterion of requiring outstanding achievements judged by recognized experts.
Published Materials About the Petitioner:
The petitioner submitted an article from a magazine and photographs of being interviewed on television. However, these were not supported by objective evidence demonstrating major trade publication status or significant viewership, respectively.
Original Contributions of Major Significance:
No additional evidence was provided on motion, and the initial submission did not establish the petitioner’s original contributions of major significance in her field.
Authorship of Scholarly Articles:
The petitioner submitted articles published in a book, but failed to demonstrate that the publication was a major trade publication or form of major media.
Artistic Exhibitions or Showcases:
The petitioner did not contest the initial findings or provide additional arguments, leading to the conclusion that this criterion was not met.
Leading or Critical Role Performed:
No additional evidence or arguments were provided on motion, and the initial findings were affirmed.
Commercial Successes in the Performing Arts:
The petitioner submitted event programs for performances, but these occurred after filing the petition. Additionally, no sales or receipts were provided to demonstrate commercial success.
Key Points from the Decision
Awards and Prizes Won:
- The certificates and commendations were deemed insufficient for national or international recognition.
- Key Quote: “There is no evidence showing that the certificate was recognized beyond the Los Angeles area at a level commensurate with a nationally or internationally recognized prize or award for excellence in the field.”
Published Materials About the Petitioner:
- The magazine article and television interview lacked evidence of significant circulation or viewership.
- Key Quote: “The plain language of this regulatory criterion requires ‘published material about the alien…relating to the alien’s work in the field’ including ‘the title, date, and author of the material.’ A television program interview featuring the petitioner does not meet these requirements.”
Original Contributions of Major Significance:
- No new evidence was provided, and initial findings were not contested.
- Key Quote: “The petitioner has not demonstrated that her local performances and honors in California are indicative of sustained national or international acclaim in the performing arts.”
Participation as a Judge:
- This criterion was met based on provided evidence.
- Key Quote: “We determined that the petitioner meets this regulatory criterion.”
Membership in Associations:
- Inconsistencies in documentation and lack of reliable evidence led to this criterion not being met.
- Key Quote: “Despite our request for evidence, the petitioner failed to submit the original of her membership certificate.”
Authorship of Scholarly Articles:
- Lack of evidence that the publication was a major trade publication or form of major media.
- Key Quote: “The petitioner has not submitted any documentary evidence demonstrating that [the book] is a professional or major trade publication or form of major media.”
Leading or Critical Role Performed:
- No additional evidence or arguments were provided, and initial findings were affirmed.
- Key Quote: “The issue, therefore, is considered abandoned.”
Artistic Exhibitions or Showcases:
- Not contested or supplemented with new evidence.
- Key Quote: “Accordingly, we affirm our prior determination that the petitioner has not established that she meets this regulatory criterion.”
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Submitted performances occurred post-petition and lacked sales figures.
- Key Quote: “The petitioner did not submit documentary evidence of ‘sales’ or ‘receipts’ demonstrating that her performances were indicative of commercial successes in the performing arts.”
Supporting Documentation
- Certificate of Congressional Recognition: Recognized locally in Los Angeles area.
- Commendation from County of [redacted]: Received post-petition, not considered for eligibility.
- Membership Certificate of [redacted]: Inconsistent and unreliable.
- Magazine Article: Lacked evidence of significant circulation.
- Television Interview: Insufficient evidence of viewership.
Conclusion
Final Determination: Denial affirmed
Reasoning:
The petitioner did not meet the evidentiary criteria required for demonstrating extraordinary ability. Local recognitions and lack of substantial evidence on national or international acclaim were key factors.
Next Steps:
The petitioner may consider submitting a motion to reconsider or reopen with additional supporting evidence or seek alternative immigration pathways.
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