Date of Decision: June 29, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Vocal Coach and Singer
Field: Arts (Performing Arts)
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met
Performing in a Leading or Critical Role for Distinguished Organizations:
The Petitioner performed in leading roles for various distinguished organizations, which satisfied the criterion related to performing in a leading or critical role.
Participation as a Judge:
The Petitioner served on final exam juries at a Christian music institute, determining if music trainees met their graduation requirements.
Artistic Display of Work:
The Petitioner provided documentation indicating performances at music exhibitions and multiple concerts in Florida.
Criteria Not Met
Awards for Excellence:
The Director concluded that the Petitioner did not meet the criterion related to awards for excellence.
Published Material About the Petitioner:
The Director determined that the Petitioner did not satisfy the criterion regarding published material about him.
Commercial Successes in the Performing Arts:
The Petitioner did not meet the criterion related to commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won
Summary of Findings: The Petitioner did not demonstrate sufficient evidence of awards and prizes that indicate extraordinary ability.
Published Materials About the Petitioner
Summary of Findings: The Director determined that the evidence provided did not sufficiently meet the published material criterion.
Original Contributions of Major Significance
Summary of Findings: Not applicable as the Petitioner did not claim this criterion.
Participation as a Judge
Summary of Findings: The Petitioner served as a judge in a music institute, which was considered adequate for this criterion.
Key Quotes or References:
“Letter from the director of T-C-, a Christian music institute, indicating that the Petitioner has served on ‘final exam juries’ to determine if music trainees met their graduation requirements.”
Membership in Associations
Summary of Findings: Not applicable as the Petitioner did not claim this criterion.
Authorship of Scholarly Articles
Summary of Findings: Not applicable as the Petitioner did not claim this criterion.
Leading or Critical Role Performed
Summary of Findings: The Petitioner performed in leading roles for various distinguished organizations, which was considered adequate for this criterion.
Key Quotes or References:
“Petitioner performed at music exhibitions such as the Florida land multiple other concerts in Florida.”
Artistic Exhibitions or Showcases
Summary of Findings: The Petitioner performed at various music exhibitions and concerts, meeting this criterion.
Evidence of High Salary or Remuneration
Summary of Findings: Not applicable as the Petitioner did not claim this criterion.
Commercial Successes in the Performing Arts
Summary of Findings: The evidence provided did not sufficiently meet the commercial successes criterion.
Supporting Documentation
- Letter from the Director of T-C-
Summary: Documented the Petitioner’s role as a judge at the Christian music institute. - Concert Programs and Flyers
Summary: Showcased the Petitioner’s performances at various music exhibitions and concerts.
Conclusion
Final Determination: The matter is remanded for entry of a new decision consistent with the foregoing analysis. The Petitioner met three of the initial evidentiary criteria but has not demonstrated sustained national or international acclaim or that he is among the top in his field.
Reasoning: The Petitioner provided evidence meeting three regulatory criteria but did not establish eligibility for classification as an individual of extraordinary ability. The Director must now undertake a final merits determination.
Next Steps: The Director will render a final merits determination in accordance with the Kazarian framework to assess the totality of the evidence.
