The beneficiary, a composer and performer of Blues music from Australia, received a denial of his application for EB-1 status. 

In support of the application, the beneficiary submitted proof of having won the “Male Artist of the Year” and “Song of the Year” awards at the 2004 Australian Blues Awards.  The service center found that the proof submitted, in the form of photographs, was not sufficient to show that the beneficiary himself was the recipient of the awards.  On appeal, the beneficiary submitted proof in writing that he had won these wards and that this particular awards ceremony was a prestigious one.  The AAO concurred with the beneficiary, and stated that he had satisfied this criterion.

The beneficiary also submitted proof of articles published about him and his music; the AOO decided that he satisfied this criterion for EB-1 status.

The beneficiary further submitted evidence that he had performed at a number of music festivals in both the US and Australia.  The AAO stated that this evidence satisfied the criterion for display of the beneficiary’s work at artistic exhibitions or showcases.

Additionally, the beneficiary submitted proof that one of his songs was the number one single in Australia in 1987 and achieved gold status.  However, the Service said that a single gold record from the ‘80s was not sufficient proof of sustained national or international acclaim.  The AAO found that additional documentation submitted with the appeal did demonstrate national acclaim.

The AAO found that there was enough evidence for the beneficiary to overcome the denial and directed the Service to approve the case.

< Previous  | Index | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.