Date of Decision: February 23, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violist
Field: Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner provided evidence showing that she served as an honorary member of the jury at a music competition in Romania, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner submitted various certificates and awards related to her role as a violist, including an undated certificate from an orchestra and a photograph of an engraved trophy. However, she did not provide evidence to show that these awards are nationally or internationally recognized for excellence in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The petitioner claimed membership in several associations but did not provide documentation to show that these memberships required outstanding achievements judged by recognized national or international experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Leading or Critical Role: The petitioner claimed a leading role as the principal violist in several orchestras but did not provide sufficient evidence to demonstrate that her role was leading or critical to the success of these organizations, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Commercial Successes in the Performing Arts: The petitioner provided evidence of recording albums with her orchestra but did not submit information regarding record sales, box office receipts, or other indicators of commercial success, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(x).
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide sufficient evidence to demonstrate that her awards are nationally or internationally recognized for excellence in her field.
Published Materials About the Petitioner:
Not applicable due to the summary dismissal.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of music.
Participation as a Judge:
The petitioner provided evidence showing her participation as a judge at a music competition, meeting this criterion.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that her memberships in associations required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that she performed in a leading or critical role for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
The petitioner did not provide sufficient evidence to demonstrate commercial success in the performing arts.
Supporting Documentation
- Certificates and Awards: Various certificates and awards related to her role as a violist.
- Articles and Publications: Not applicable due to the summary dismissal.
- Letters of Support: Letters confirming her role as a judge at a music competition, but lacking specific details about membership requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. The evidence provided did not demonstrate that her awards were nationally or internationally recognized, or that her memberships required outstanding achievements judged by recognized experts.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit her qualifications and achievements.
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