Date of Decision: May 5, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Music (Arts)
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes Won
The petitioner failed to provide credible evidence of having won significant awards or prizes in their field. The submission included altered CD artwork and other manipulated evidence that cast doubt on the authenticity of the claimed achievements.
Criteria Not Met:
Published Materials About the Petitioner
The petitioner did not provide verifiable published material about their work as a violinist. Submitted materials were found to be falsified, undermining their credibility.
Original Contributions of Major Significance
The petitioner claimed to have released multiple CDs and albums as a violinist. However, investigations revealed that the submitted CD cover art was digitally altered from existing albums by other artists, discrediting the claimed contributions.
Participation as a Judge
No evidence was provided to demonstrate participation as a judge of the work of others in the field of music.
Membership in Associations
The petitioner did not submit any documentation proving membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles
There was no evidence of authorship of scholarly articles in the field of music provided by the petitioner.
Leading or Critical Role Performed
The petitioner claimed to have been a music professor since 2011, but this was contradicted by prior statements indicating employment in a different field. The lack of consistent and credible employment history weakened this claim.
Artistic Exhibitions or Showcases
No evidence was provided of participation in artistic exhibitions or showcases relevant to the petitioner’s field.
Evidence of High Salary or Remuneration
There was no evidence submitted to support claims of receiving a high salary or other significant remuneration for services as a violinist.
Commercial Successes in the Performing Arts
The petitioner’s claims of commercial success were based on falsified evidence. Submitted CD cover art and other materials were found to be altered, leading to the conclusion that there were no verifiable commercial successes.
Key Points from the Decision
Awards and Prizes Won:
The submitted evidence was manipulated and not credible, leading to doubts about any awards or prizes won.
Published Materials About the Petitioner:
No credible published materials were provided.
Original Contributions of Major Significance:
The claim of original contributions was based on falsified evidence, such as altered CD artwork.
Participation as a Judge:
No evidence provided.
Membership in Associations:
No evidence provided.
Authorship of Scholarly Articles:
No evidence provided.
Leading or Critical Role Performed:
Contradictory employment history cast doubt on the petitioner’s claims.
Artistic Exhibitions or Showcases:
No evidence provided.
Evidence of High Salary or Remuneration:
No evidence provided.
Commercial Successes in the Performing Arts:
Claims based on falsified evidence.
Supporting Documentation
List of Supporting Documents and Summaries:
CD Cover Art: Found to be altered from existing albums by other artists.
Employment History Documentation: Contradictory statements regarding employment, undermining claims of being a music professor.
Other Submitted Evidence: Digitally manipulated images relating to awards and media coverage.
Conclusion
Final Determination: Appeal Withdrawn, Finding of Willful Misrepresentation Entered
Reasoning:
The petitioner submitted falsified evidence and contradictory employment history. Despite withdrawing the appeal, the willful misrepresentation of material facts has significant implications for future proceedings.
Next Steps:
The finding of willful misrepresentation will be considered in any future immigration proceedings involving the petitioner. It is essential to provide accurate and verifiable evidence in support of any future petitions.
