Date of Decision: April 26, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Arts (Music)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Awards:
The Beneficiary received first place at the [redacted] competition for Persian vocalists and instrumentalists and second place at the [redacted] competition. However, these awards were not deemed nationally or internationally recognized for excellence in the field.
Published Materials:
The Beneficiary was featured on a television station and in articles related to his performances. However, most of the remaining articles and appearances did not provide sufficient details to support the claim of sustained national or international acclaim.
Judging:
The Beneficiary served on a jury panel for a festival at the [redacted]. However, this single instance did not demonstrate sustained national or international acclaim.
Criteria Not Met:
Membership in Associations:
The Beneficiary’s membership in an association was not supported by evidence that the membership required outstanding achievements judged by recognized experts.
Original Contributions of Major Significance:
Letters confirmed the Beneficiary’s performances but did not show that he significantly influenced the field, placing him in the small percentage at the top.
Authorship of Scholarly Articles:
The Beneficiary authored two articles in [redacted] magazine. However, the Petitioner did not demonstrate these were scholarly articles or that the publications were major trade publications.
Artistic Exhibitions or Showcases:
The Beneficiary performed at various venues, but the evidence did not show that these performances brought notable acclaim or distinguished him from others in his field.
Evidence of High Salary or Remuneration:
Not provided or not sufficient to establish extraordinary ability.
Commercial Successes in the Performing Arts:
Not provided or not sufficient to establish extraordinary ability.
Key Points from the Decision
Awards and Prizes Won:
The awards won by the Beneficiary were not recognized as major or indicative of extraordinary ability.
Published Materials About the Petitioner:
While the Beneficiary was featured in some media, the coverage did not meet the standard for sustained national or international acclaim.
Original Contributions of Major Significance:
The letters confirming performances did not sufficiently demonstrate significant influence in the field.
Participation as a Judge:
The Beneficiary judged one festival, but this did not demonstrate the required level of acclaim.
Membership in Associations:
The membership did not require outstanding achievements and was not indicative of extraordinary ability.
Authorship of Scholarly Articles:
The articles were not demonstrated to be scholarly or published in major media.
Leading or Critical Role Performed:
The evidence did not show roles that distinguished the Beneficiary as among the top in his field.
Artistic Exhibitions or Showcases:
Performances were noted, but they did not sufficiently demonstrate a career of acclaimed work.
Evidence of High Salary or Remuneration:
Not provided.
Commercial Successes in the Performing Arts:
Not provided.
Supporting Documentation
The supporting documents included letters of recommendation, performance schedules, media articles, and evidence of judging activities. However, these were not sufficient to meet the required evidentiary standards.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The evidence provided did not demonstrate that the Beneficiary had achieved sustained national or international acclaim or that he was among the small percentage at the top of his field. The supporting documentation, while indicative of talent and some recognition, fell short of the stringent standards required for EB1 classification.
Next Steps:
The Petitioner may consider gathering more substantial evidence of national or international acclaim, including major awards, more extensive and recognized media coverage, and other documentation that meets the high standards for extraordinary ability.
