Date of Decision: March 11, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Classical Music
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner documented his role as a juror for the 10th Chinese Music Award for Violin Competition, which is recognized as one of four nationally important art awards. This satisfies the criterion for evidence of the alien’s participation as a judge of the work of others in the same or an allied field of specification.
Leading or Critical Role: The Petitioner provided sufficient evidence to establish that his role as concertmaster for an orchestra with a distinguished reputation is both leading and critical.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards: The Petitioner claimed an award for an album, but the evidence did not establish the award’s national or international recognition.
Membership in associations that require outstanding achievements: The Petitioner’s claimed membership did not meet the criterion as the association did not require outstanding achievements judged by recognized national or international experts.
Published material about the alien: The submitted articles were deficient, lacking evidence that the publications were professional or major trade publications or other major media, and some articles were not specifically about the Petitioner.
Original contributions of major significance: The Petitioner’s contributions through performances, educational efforts, and a recording contract were not established as original contributions of major significance in the field.
Key Points from the Decision
Awards and Prizes Won: The Petitioner did not establish that he won a nationally or internationally recognized prize or award for excellence in his field.
Published Materials About the Petitioner: The Petitioner failed to submit evidence showing that the publications are professional or major trade publications or other major media, and some articles were not specifically about him.
Original Contributions of Major Significance: The Petitioner did not establish the major significance of his specific contributions, and the anticipated contributions from a recording contract were deemed premature and contingent on future involvement.
Participation as a Judge: The Petitioner successfully documented his role as a juror for a nationally recognized competition.
Membership in Associations: The Petitioner’s claimed association membership did not meet the criterion requiring outstanding achievements judged by recognized national or international experts.
Authorship of scholarly articles: Not addressed in the decision.
Leading or critical role performed: The Petitioner’s role as concertmaster was established as critical within a distinguished orchestra.
Artistic Exhibitions or Showcases: Not addressed in the decision.
Evidence of High Salary or Remuneration: Not addressed in the decision.
Commercial successes in the Performing Arts: The Petitioner abandoned this claim on appeal.
Supporting Documentation
The Petitioner submitted documentation related to awards, association memberships, published materials, judging roles, original contributions, and roles in distinguished organizations. The evidence was found insufficient in several areas, leading to the dismissal of the appeal.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not submit the required initial evidence of either a one-time achievement or documents meeting at least three of the ten criteria. The overall record did not support a finding that the Petitioner had achieved the necessary acclaim and recognition for the classification sought.
Next Steps: The Petitioner may consider submitting additional evidence to address the deficiencies noted in the decision if seeking to reapply for the EB1 Extraordinary Ability classification.
