Date of Decision: May 27, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Violinist
Field: Music/Orchestral Performance
Nationality: [Nationality not specified in the provided text]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Display at artistic exhibitions or showcases: The Petitioner provided evidence that his performances were displayed in various artistic exhibitions or showcases, which was accepted by the Director.
Leading or critical role for distinguished organizations or establishments: The Petitioner provided evidence of holding significant roles in reputable orchestras, which was accepted by the Director.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards: The Petitioner provided a certificate for an award but did not provide sufficient evidence to establish that it was nationally or internationally recognized.
Commercial success in the performing arts: The Petitioner did not provide documentary evidence, such as box office receipts or sales records, to demonstrate commercial success.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted a certificate for a national music competition but failed to provide evidence of the award’s national or international recognition. The Director noted the lack of media coverage or other supporting documentation to validate the significance of the prize.
Display at Artistic Exhibitions or Showcases:
The Petitioner provided evidence of his performances in various artistic venues. This criterion was met as his work was showcased in reputable settings, affirming his recognition in the field.
Leading or Critical Role:
The Petitioner held principal viola positions in several orchestras, demonstrating his leading role within distinguished organizations. However, the evidence did not establish a critical role at an organizational level, but rather within specific departments or projects.
Commercial Success in the Performing Arts:
The Petitioner did not present evidence such as box office receipts or sales records to demonstrate commercial success in the performing arts. The Director concluded that the evidence provided did not satisfy the regulatory requirements.
Supporting Documentation
Certificates and Awards: Included a certificate from a national music competition but lacked evidence of widespread recognition.
Performance Records: Documented performances in various artistic venues, which were accepted as evidence of artistic exhibitions.
Letters of Support: Provided letters from colleagues and orchestra managers but did not sufficiently demonstrate critical roles at the organizational level.
Salary Documentation: No specific documentation provided to compare the Petitioner’s salary with others in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required evidentiary criteria to establish eligibility as an individual of extraordinary ability. The documentation provided did not demonstrate the sustained national or international acclaim necessary for the classification.
Next Steps: The Petitioner may consider gathering more robust evidence that aligns with the specific criteria outlined by the USCIS for extraordinary ability petitions. It may also be beneficial to seek advice from an immigration attorney to better understand the requirements and prepare a stronger case for future petitions.
