dismissed EB-1A Case: Acrobatics

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
u 
Robert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks to classifL the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A), as an alien of 
extraordinary ability. The director determined the petitioner had not established that the beneficiary had the 
sustained national or international acclaim necessary to qualifL for classification as an alien of extraordinary 
ability. 
On appeal, counsel asserts that the director used an inappropriate standard and wrongly dismissed probative 
evidence. The director found that the beneficiary met only one of the ten regulatory criteria, at least three of 
which must be met to establish eligibility. For the reasons discussed below, we find that the beneficiary also 
meets a second criterion. As also discussed below, however, we find that the evidence submitted falls far short 
of meeting a third criterion. Counsel's specific assertions will be addressed below. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry to the United States will substantially benefit prospectively 
the United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the individual 
is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. $204.5(h)(2). 
The specific requirements for supporting documents to establish that an alien has sustained national or 
international acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. 
§ 204.5(h)(3). The relevant criteria will be addressed below. 
On appeal, counsel asserts that the evidence for each criterion need not demonstrate national acclaim; rather, the 
evidence should demonstrate such acclaim when considered cumulatively. This office consistently holds that 
the petitioner must show that the beneficiary has sustained national or international acclaim at the very top level. 
A petitioner cannot establish eligibility for this classification merely by submitting evidence that simply 
relates to at least three criteria. In determining whether a petitioner meets a specific criterion, thr: evidence 
Page 3 
itself must be evaluated in terms of whether it is indicative of or at least consistent with national or 
international acclaim. 
This petition seeks to classify the beneficiary as an alien with extraordinary ability as an acrobat. The regulation 
at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or international acclaim through 
evidence of a one-time achievement (that is, a major, international recognized award). Barring, the alien's 
receipt of such an award, the regulation outlines ten criteria, at least three of which must be satisfied for an alien 
to establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. The petitioner has 
submitted evidence that, is claimed, meets the following criteria.' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for 
excellence in the$eld of endeavor. 
In 1988, the beneficiary and his partner received a Wallace Award as Queensland Entertainer of the Year. The 
Sun's coverage of the award indicates that it has brought them "Statewide recognition." In his re uest for 
additional evidence, the director requested evidence as to the significance of this award. In response, 'h 
President of the Queensland Varie  walla ace^'^ Awards asserts that the awards are "recognized 
nationally in Australia and New Zealand." b oes not indicate whether acts outside of Queensland 
are considered for these awards. 
The director concluded that the 1988 award was local. On appeal, counsel asserts that the director's 
on speculation and not supported by the evidence. submits a letter from 
Director of the Australian Entertainment "Mo" Awards. sserts that the Wallaces 
awards are "equals in representing their particular regions." 
It is not mere speculation that the Wallaces are local Queensland awards. The regional nature of the award is 
apparent from its name and the local media coverage. etter only confirms this conclusion, stating 
that both the Wallaces and Mo awards represent regions. The burden of proof to establish 
that the awards are national is on the petitioner. The petitioner has not submitted any evidence that entertainers 
from around Australia, including beyond Queensland, compete for Wallaces. The record does not include 
national media coverage of any Wallaces competition or even local media coverage outside of Queensland. 
Thus, we concur with the director's conclusion that the petitioner has not established that the Wallaces are 
nationally recognized such that winning such an award is indicative of national or international acclaim. 
Published materials about the alien in professional or major trade publications or other maior media, 
relating to the alien's work in the$eld for which classiJcation is sought. Such evidence shall lnclude the 
title, dale, and author ofthe material, and any necessary translation. 
In 1994, a Gold Coast newspaper, the Weekend Bulletin, pictured the beneficiary and his partner with a caption 
regarding their beginnings in Gold Coast and their recent performances abroad. There is no article 
accompanying the photograph and caption. In 1998, the same paper published a follow-up article, reporting on 
the duo's move to the United States. In 1997, a German newspaper included what appears to be an 
advertisement for a variety show featuring the beneficiary and his partner. The same year, another German 
I The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
newspaper included a promotional photograph of the beneficiary and his partner. The translation. of the text 
provided by the petitioner is not co lete; however, it appears 1 German text 
that it is a promotional piece for " which includes 
the beneficiary's act. Also in 1997 and 1998, German including 
references to the beneficiary's act. In 1998, The Branson News featured the beneficiary and his partner in an 
article about their performances as special guests of-t his Branson theater and their len-city tour 
with him. In 2001, two French newspapers published promotional pieces about the beneficiary's upcoming two 
shows at the Gespe Cultural Center.  he second article includes no byline, suggesting it may be a press release 
by the Gespe Cultural Center. Another French newspaper included an advertisement for the shows. 
The director concluded that the petitioner had not established that the above publications were major media, as 
the record did not include circulation data for the publications. The director also noted the brief mentions of the 
beneficiary and the fact that some of the materials appeared to be advertisements. 
On appeal, counsel asserts that the director erred in requiring that the evidence appear in nationally circulated 
publications. Counsel reiterates her claim that the evidence for each criterion need not establish national 
acclaim and asserts that live performers are not covered nationally. 
While the evidence submitted to meet a particular criterion need not establish national acclaim by itself, it must 
be indicative of or at least consistent with national acclaim. We acknowledge that live performers are typically 
reviewed in local papers. As such, it is not remarkable that the beneficiary's live performances have been 
reviewed in local papers. Such coverage does not garner the beneficiary any national or international attention. 
Moreover, counsel does not respond to the director's concern that some of the materials only mention the 
beneficiary in passing and, thus, are not "about" the beneficiary. Further, counsel does not respond to the 
director's concern that some of the materials appear to be press releases and advertisements. Such m.aterials are 
far less persuasive evidence of national acclaim than independent journalistic coverage. Finally, while the 
record includes some references to television appearances by the beneficiary, the petitioner submitted no 
evidence that the beneficiary was interviewed or otherwise the subject of journalistic coverage during a 
nationally broadcast program. 
The local Gold Coast and Branson articles are about the beneficiary, but do not appear in major media as 
required by the plain language of the regulation at 8 C.F.R. 9 204.5(h)(3)(iii). While the regulation at 8 C.F.R. 
204.5(h)(4) allows "comparable" evidence when a criterion is not applicable to the alien's field, the petitioner 
has not established that this criterion is not applicable to artists who perform live. Regardless, we (lo not find 
that local media coverage is "comparable" to malor media coverage. The reviews are not primarily about the 
beneficiary and, thus, do not meet the plain language of this criterion. Once again, brief mentions in reviews 
primarily about the Krone Circus are not "comparable" to media coverage that is primarily about the 
beneficiary. The remaining materials appear to be press releases and paid advertisements. As discussed above, 
such materials are not persuasive evidence. In light of the above, we concur with the director that the 
beneficiary does not meet this criterion. 
Evidence of the alien 's original scientific, sclzolarly, artistic, athletic, or business-related contributions of 
rnajor sigrz$cance in thefield. 
Counsel asserts that the beneficiary and his partner "are generally considered to have revived and refined the art 
of Australian Knockabout Acrobatics, all but lost before they came on the scene." Counsel asserts that this style 
of acrobatics was once popular in Australia but "nearly forgotten" until reintroduced by the beneficiary and his 
partner. Counsel references two promotional articles in French newspapers; one indicating that the beneficiary 
and his partner are the only "representatives" of the once popular knockabout style and the other stating merely 
that they have been "inspired by an old Australian tradition." 
The petitioner also submitted letters attesting to the beneficiary's role in the field of acrobatics.. 
former Senior Finance Officer of Australia's governmental arts fundin and olicy board, indicates that he 
contributed to the establishment of Australia's first circus school. gtates that while Australia's 
circus industry declined after 1945, the beneficiary's act was "among the 'sparks' of renewal that began to 
1980s.'' He notes thatustralia's "legendary" acrobat, was the beneficiary's mentor. 
characterizes the beneficiary as "one of the best - possibly the very best - comedy acrobatic acts 
produced in recent decades." 
Programming Manager fo sserts that he met the beneficiary through the children's 
mnin or anization. the Circus. states that several children have 
graduated to "k nd, thus, "many of our top performers have trained with or under" the beneficiary and 
his partner. 
a Las Vegas entertainer, provides general praise of the beneficiary's act, describing it as 
unlque. - an Australian award-winning producer and choreographer, asserts that the beneficia 
and his artner have two acts that can each be sustained for 30 minutes, rare for acrobatic performers. 
Personal Manager to Lance Burton, praises the beneficiary and his partner "for both their origina ity P 
on the true secrets of their original approach to the comedy/acrobatic genre to gifted students of the art." 
* 
and their innovative presentation of the acrobatic arts." He attests to their "stated willingness to teach and pass 
the director of the beneficiary's 2001 show in France, states: 
As an active director, performer and teacher I incorporate Australian Knockabout/Slapstick as a 
physical tool to teach actors about partner stage work. My method Quantum Theatre: Slapstic:k 
to Shakespeure is based on this technique learned from [the beneficiary and his partner] and 
their teacher Cletus Ball. This method has been used while I was employed with organizatior~s 
such as: the Australian, National Institute of Dramatic Arts, the national Bell Shakespeare 
Company, Charles Sturt University; the Swedish, national circus high school; the American, 
Cirkus Smirkus, and the San Diego Repertory Theater. 
concludes that the beneficiary and his partner "set the standard for balancing technique and 
fr~endly, direct entertainment in comic acrobatics." 
In response to the di 
beneficiary's U.S. agent 
[The beneficiary and his partner] are undoubtedly the best comedy acrobatic duo act in the 
world today, specializing in a style of acrobatics known in the business as "knockabout." This 
unique style originated in Australia in the 40's and was very poplar until the 70's, but today 
Page 6 
[the beneficiary and his partner] are the only act in the world carrying on this style. 'The 
acrobatic tricks they perform, like "head to head balance," their male contortion feats and 
extremely high throws set them aside from all other acrobatic acts. 
Finally, the beneficiary's mentor and teacher discusses his own performances on th 
Show and at Royal Command aerformances. he started teaching in the mid 
beneficiary and his partner were original students, sserts that the beneficiary and his partner have 
achieved the highest level of skills and concludes that they "have perfected skills that make them not only 
unique but also very different and superior to any other acrobatic act of their type working internationally 
today." 
The director concluded that the beneficiary's style was not unique, but learned fro- and that it had 
not proven influential because the beneficiary and his partner are the only ones performing knockabout 
acrobatics. 
On appeal, counsel asserts that the director's two conclusion are contradictory to each other. Counsel quotes 
three definitions of "original." Addressing these definitions, counsel appears to acknowledge that the 
beneficiary's style is not "of, relating to, or constituting an origin or beginning: initial" or "not secondary, 
derivative, or imitative." Counsel relies on the third definition: "independent and creative in thought or action: 
inventive." Counsel acknowledges that the beneficiary's work "follows the strong tradition of Australian 
comedy acrobatics" but claims that it is not "derivative or imitative." Counsel notes the references to the 
beneficiary's unique and original style in the witness letters. Finally, counsel asserts that the lack of other 
acrobats performing knockabout acrobatics is due to the difficulty of the techniques. 
In order to constitute an original contribution of major significance, the accomplishment must be both original 
and have a demonstrable influence on the field or set a standard for which others aspire, such as a world record. 
Assuming that we considered Australian knockabout to be original, we concur with the director tha- 
is the individual responsible for its   re viva^."^ s responsible for the children's circus, The Flying Fruit 
taught acrobatics. While the beneficiary and his partner are clearly successful 
students o his influence to them. 
Moreover, it is not contrary to conclude that not only is the beneficiary's style learned from his mentor there is 
no evidence that the beneficiary's style has been influential. An act today, even if successful and a crowd 
pleaser, can be derived from a previous tradition but still not inspire other acts in the same style. Assuming that 
the beneficiary's specific stunts are not amenable to duplication by other acrobats, the record does not establish 
that the knockabout slapstick style is any more demanding than other types of acrobatics. Thus. if the - - - 
beneficiary's act were truly a contribution of major significance in the field of acrobatics, we would expect to 
see his style, as opposed to that o studied at top-level acrobatic schools. 
partner, but is too ambiguous. 
beneficiary and we note tha 
ndicates that a member of his 
in a trio withwe can 
2 has been performing knockabout comedy since the 1950's. suggesting knockabout comedy never 
completely lost its popularity. 
e that the beneficiary and his partner, students o re significant influences om 
In light of the above, we do not find counsel's assertion that the director used circular logic to dismiss the 
evidence relating to this criterion. Rather, we concur with the director's analysis. 
Evidence ofthe display of the alien's work iiz the field at artistic exhibitions or showcases. 
The beneficiary and his partner have performed at international venues and on cruises. The record contains 
some references to television performances, but the only performance documented is for Variete Producciones 
in Chile. The director concluded that this criterion relates to visual artists. On appeal, counsel asserts that this 
criterion applies to all the arts. Noting that the Board of Immigration Appeals included golf as an art, counsel 
opines that it "is difficult to image how the beneficiary's performances before live audience could be anything 
other than 'exhibitions or showcases." In the alternative, counsel asserts that the beneficiary's performances 
serve as comparable evidence to meet this criterion pursuant to 8 C.F.R. tj 204.5(hX4). 
We find that the word "display" strongly suggests that this criterion is primarily applicable to visual artists. 
That said, we agree with counsel that performing artists can meet this criterion through comparable evidence. 
Nevertheless, such evidence must be truly comparable to the type of exclusive display in a prestigious exhibition 
or showcase that is required for visual artists. Specifically, it is inherent to the field of visual arts lo display 
one's work for sale. Not every gallery display can be considered an exhibition or showcase such that it is 
indicative of or consistent with national acclaim. Similarly, the beneficiary is an entertainer; it is inherent to his 
field to perform for an audience. Not every theatrical performance is an artistic exhibition or showcase. For 
example, not every movie released in the theaters is displayed at an artistic exhibition or showcase. A showing 
at a prestigious film festival, however, is more persuasive. We do not find that a circus is an artistic exhibition 
or showcase. The record contains no evidence that the beneficiary has performed at an exclusi ibition or 
showcase of top acrobatic acts from multiple circuses, such as the festivals listed on the romotional 
this criterion. 
"ce"h 
materials contained in the record. Thus, we find that the petitioner has not established that the beneficiary meets 
In reaching our conclusion under this criterion, we acknowledge that the beneficiary has performed at 
impressive venues. While notable, we will not presume that every act booked in a prestigious venue meets this 
criterion any more than we would find every athlete that plays in a major league stadium meets this ~riterion.~ 
As noted by the director, the significance of the venues was a factor in determining that the beneficiary has 
played a leading or critical role for an organization with a distinguished reputation pursuant to 8 C.F.R. 
tj 204.5(h)(3)(viii). In addition, counsel provides no explanation for asserting that that the beneficiary meets this 
criterion through comparative evidence while not addressing the one criterion specifically relevant to the 
beneficiary's occupation as a performing artist. Specifically, the size of the venues where the beneficiary has 
performed, if supported with the proper evidence not submitted in this case, could serve to meet the commercial 
3 
Supplementary information at 56 Fed. Reg. 60899 (November 29, 199 1 ) states: 
The Service disagrees that all athletes performing at the major league level should 
automatically meet the "extraordinary ability" standard. . . . A blanket rule for all major 
league athletes would contravene Congress' intent to reserve this category to "that srnall 
percentage of individuals who have risen to the very top of their field of endeavor." 
success as a performing artist criterion set forth at 8 C.F.R. tj 204.5(h)(3)(x). The petitioner, however, has not 
submitted the type of box office data required to meet that criterion. Thus, we will not address that criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or establislrments that 
have a distinguished reputation. 
The director concluded that the beneficiary meets this criterion and we find that the record supports such a 
conclusion. 
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, 
in relation to others in the$eld. 
In response to the director's request for additional evidence, Entertainment Manager for the 
petitioner, asserts that the petitioner pays the beneficiary and h 0 per week, "the highest that we 
have paid to any acrobatic act . . . and is far above the usual compensation for acts of this type." Monique 
Nakachian, Executive Agent of the Tavel International Agency, states that the beneficiary and his partner "are in 
the top money bracket for acts of their type and our agency has often 
prestigious venues, TV shows and galas over the last 10 years." 
International Agency is "the biggest and most powerful artists 
booking agent, affirms that the beneficiary and his partner "are 
Suzanne Bartels, proprietor for Bartles, Inc., asserts that she booked the beneficiary and his partner for Royal 
Caribbean cruises where they were "offered a premium salary putting them in the highest category of any artists 
performing in their fleet." 
The director concluded that while the authors of the above letters were knowledgeable, government data 
regarding wages in the field would be more persuasive. On appeal, the petitioner provides data regarding wages 
for "artists, performers and related workers," but it is not clear whether the data represents average wages or 
high-end wages. The materials submitted on appeal suggest that data specific vailable from 
the Bureau of Labor Statistics. The petitioner also submits a new letter from ndicating that 
acrobats in Europe, of which she has represented 4,000, receive between $1,500 
We find that the above letters, especially the letters from are persuasive. While mere 
attestations of high compensation are not always sufficient, we government data for the 
field and the authors' expertise and knowledge of both the beneficiary's wages and the-top wages in the field. 
Thus, we find that the petitioner meets this criterion. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate that the 
alien has achieved sustained national or international acclaim and is one of the small percentage who has risen 
to the very top of the field of endeavor. 
Review of the record, however, does not establish that the beneficiary has distinguished himself as an acrobat to 
such an extent that he may be said to have achieved sustained national or international acclaim or to be within 
the small percentage at the very top of his field. The evidence indicates that the beneficiary shows talent as an 
acrobat, but is not persuasive that the beneficiary's achievements set him significantly above almost all others in 
his field. Therefore, the petitioner has not established the beneficiary's eligibility pursuant to section 
203(b)(l)(A) of the Act and the petition may not be approved. 
Page 9 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 9 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.