Date of Decision: May 14, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Music Performance
Nationality: [Nationality not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display of Work at Artistic Exhibitions or Showcases: The petitioner provided evidence of performing at various artistic and musical venues.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not demonstrate that her awards were nationally or internationally recognized for excellence in the field. The evidence provided, such as loaned instruments and participation certificates, did not meet the regulatory requirements.
Published Material in Major Media: The petitioner provided screenshots and articles that were not about her specifically or did not qualify as major media. The materials did not include necessary details like the author, title, and publication date.
Participation as a Judge: The evidence did not sufficiently demonstrate that the petitioner judged the work of others in a clear and documented manner.
Authorship of Scholarly Articles: The petitioner did not provide evidence that she authored any scholarly articles in her field.
Original Contributions of Major Significance: No significant contributions were evidenced in the provided documentation.
Leading or Critical Role: The petitioner did not fulfill the initial evidentiary requirement of three criteria to consider this criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards were not recognized as lesser nationally or internationally recognized prizes for excellence in her field.
Published Materials About the Petitioner:
The submitted materials did not qualify as published material in major media and did not specifically focus on the petitioner.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in her field.
Participation as a Judge:
The evidence did not clearly describe or document the petitioner’s judging activities.
Membership in Associations:
The document did not mention any relevant memberships in associations.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role Performed:
The petitioner did not meet the necessary criteria to evaluate this aspect.
Artistic Exhibitions or Showcases:
The petitioner successfully demonstrated performance at various artistic and musical venues.
Evidence of High Salary or Remuneration:
No evidence was provided regarding high salary or remuneration.
Commercial Successes in the Performing Arts:
No evidence of commercial successes in the performing arts was presented.
Supporting Documentation
Performance at Artistic Venues: Evidence of performances at various artistic and musical venues was provided.
Awards and Recognitions: Documents related to awards and recognitions, which were not accepted as nationally or internationally recognized prizes for excellence.
Published Materials: Screenshots and articles that did not qualify as major media publications about the petitioner.
Judging Activities: Letters and screenshots describing the petitioner’s role as an artistic director, which did not sufficiently demonstrate judging activities.
Conclusion
Final Determination:
The appeal was dismissed.
Reasoning:
The petitioner did not meet at least three of the ten initial evidentiary criteria required for the EB1 extraordinary ability classification. The evidence provided did not establish sustained national or international acclaim or demonstrate that the petitioner is among the small percentage at the very top of her field.
Next Steps:
The petitioner may consider gathering and submitting additional documentation that directly addresses the initial evidentiary criteria and demonstrates sustained national or international acclaim. Consulting with an immigration attorney for further guidance on fulfilling the EB1 extraordinary ability requirements might be beneficial.
