Date of Decision: July 2, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Music
Nationality: South Korean
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
- Awards: The Petitioner won several prestigious awards at international violin competitions, including first and second places at competitions recognized for their significance in the music field.
- Published Materials About the Petitioner: The petitioner was featured in major publications such as Asia Economic Daily, which highlighted her achievements and the significance of the awards she received.
- Participation as a Judge: The petitioner served as a judge at prominent music competitions, evaluating the work of other professionals in her field.
- Leading or Critical Role: The petitioner played leading roles in various renowned orchestras, significantly contributing to their performances and successes.
Criteria Not Met:
- None specified as unmet in the reviewed decision, as the appeal successfully overturned the initial findings.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s awards at international violin competitions were detailed, emphasizing her recognition in the music industry.
Published Materials About the Petitioner:
- Articles published in major media outlets recognized her contributions and success in music, enhancing her claim of extraordinary ability.
Original Contributions of Major Significance:
- Not specifically discussed in the decision, but her roles in performances and competitions imply significant contributions.
Participation as a Judge:
- Documented participation as a judge at music competitions, showcasing her recognition by peers as a leader in her field.
Leading or Critical Role Performed:
- Demonstrated through her significant roles in multiple prestigious orchestras, particularly highlighted by her performances that received critical acclaim and contributed to the success of these orchestras.
Supporting Documentation
- Evidence of Awards: Documentation from international music competitions.
- Published Articles: Articles from reputable sources like Asia Economic Daily.
- Letters of Recommendation: From directors and conductors of orchestras, attesting to her roles and impact.
Conclusion
Final Determination: The petitioner qualifies for the EB1 extraordinary ability classification based on her sustained national and international acclaim and the recognition of her achievements in music.
Reasoning: The AAO found that the petitioner meets the required evidentiary criteria by demonstrating extraordinary ability in music, overturning the initial denial.
Next Steps: The approval allows the petitioner to proceed with her immigration process under the EB1 category.
