Date of Decision: March 11, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Violist
Field: Music and Performing Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for new decision
Evidentiary Criteria Analysis
Criteria Met
- Artistic Showcases: The Director determined that the petitioner established evidence of displaying her work at artistic showcases.
- Leading or Critical Role: The Director concluded that the petitioner held a leading or critical role in a distinguished organization.
- Judging the Work of Others: Upon de novo review, the AAO withdrew the Director’s prior finding and determined that the petitioner satisfied this criterion by serving as an adjudicator for music program auditions and evaluating applicants’ skills.
Criteria Not Met
- None, as three criteria were successfully established on appeal.
Key Points from the Decision
- Judging Criterion Reconsidered: The AAO found that the petitioner demonstrated participation as a judge of the work of others, based on her role evaluating music auditions and screening portfolios.
- Three Criteria Established: Meeting three criteria fulfilled the first step of the two-part test under Kazarian.
- Remand for Merits Determination: Since the petitioner satisfied three criteria, the case was remanded for the Director to conduct the final merits determination in the first instance.
- Translation Deficiency: Some translated documents lacked required certificates of translation under 8 C.F.R. § 103.2(b)(3), which must be corrected on remand for the evidence to be considered.
Final Merits Determination
The AAO did not complete the final merits determination. Instead, it remanded the matter to the Director to evaluate whether the petitioner has sustained national or international acclaim and is among the small percentage at the very top of her field.
Supporting Documentation
- Letters from University Officials: Confirmed the petitioner’s adjudicator role in music program auditions.
- Employment Contracts: Demonstrated responsibilities in student recruitment and evaluation.
- Professor’s Statement: Corroborated her decisive role in admission panels for string players.
- Artistic Showcase Evidence: Submitted documentation of performances.
- Organizational Role Evidence: Demonstrated her critical role within a distinguished institution.
Conclusion
Final Determination: Director’s decision withdrawn; matter remanded.
Reasoning: The petitioner established three evidentiary criteria, meeting the initial requirement. The case was remanded for a final merits determination to assess whether she achieved sustained acclaim and is among the top of her field.
