Date of Decision: DEC. 10, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Music
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Judging the work of others in the same field: The petitioner has participated as a judge of the work of other musicians at the International Music Competition.
- Display of work in the field at artistic exhibitions or showcases: The petitioner submitted copies of programs for her performances at concerts and recitals, meeting the display criterion.
Criteria Not Met:
- Awards: The petitioner did not establish that any of the awards qualify as nationally or internationally recognized prizes or awards for excellence in the field. The petitioner submitted various awards, but there was insufficient evidence regarding the significance, criteria, and number of competitors for these awards.
- Authorship of scholarly articles: The petitioner authored four articles in La Musica magazine and one in Mom & I magazine. However, these articles did not meet the standard for scholarly articles intended for learned persons in the field, and the publications did not qualify as major professional or trade publications.
- Leading or critical role: The petitioner claimed leading roles in various orchestras and ensembles but did not provide sufficient evidence that these organizations have a distinguished reputation. Additionally, the evidence did not demonstrate that the petitioner’s roles were leading or critical.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided certificates for the following awards:
- First Prize Ensemble, International Competition (2017)
- Second Prize, International Music Competition (2016)
- First Prize, International Competition (no date)
- Second Prize, International Competition (2014)
The evidence was insufficient to establish that these awards are nationally or internationally recognized for excellence. The petitioner did not provide details about the significance, criteria, and number of competitors for these awards.
Published Materials About the Petitioner:
The petitioner authored articles in La Musica and Mom & I magazines. These articles were about classical music pieces but did not meet the standard for scholarly articles intended for learned persons in the field. The publications were not recognized as major professional or trade publications.
Original Contributions of Major Significance:
The petitioner did not submit sufficient evidence to demonstrate original contributions of major significance in the field of music.
Participation as a Judge:
The petitioner judged at the International Music Competition, meeting this criterion.
Membership in Associations:
The petitioner claimed membership in various orchestras and ensembles but did not provide sufficient evidence that these organizations have a distinguished reputation.
Authorship of Scholarly Articles:
The petitioner authored articles in La Musica and Mom & I magazines, but these did not qualify as scholarly articles for learned persons in the field.
Leading or Critical Role Performed:
The petitioner claimed leading roles in orchestras and ensembles but did not provide sufficient evidence of the distinguished reputation of these organizations or the critical nature of her roles.
Artistic Exhibitions or Showcases:
The petitioner provided evidence of performances at concerts and recitals, meeting this criterion.
Evidence of High Salary or Remuneration:
The petitioner did not submit evidence of high salary or remuneration compared to others in the field.
Commercial Successes in the Performing Arts:
The petitioner did not submit evidence of commercial successes in the performing arts.
Supporting Documentation
- Programs for Performances: Evidence of the petitioner’s performances at concerts and recitals.
- Award Certificates: Certificates for various awards claimed by the petitioner.
- Articles Authored: Copies of articles authored by the petitioner in La Musica and Mom & I magazines.
- Judging Certificates: Evidence of the petitioner’s participation as a judge at the International Music Competition.
- Letters from Colleagues: Letters from colleagues and directors of orchestras and ensembles discussing the petitioner’s roles and contributions.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required evidentiary criteria for classification as an individual of extraordinary ability. The evidence provided did not establish that the petitioner’s awards, articles, and roles met the necessary standards.
Next Steps: The petitioner may consider gathering more substantial evidence and documentation to support any future petitions or appeals.
