dismissed EB-1A Case: Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
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U.S. Citizenship 
and Immigration 
Services 
SERVICE CENTER Date: MAY 
IN RE: 
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. $ 1 153@)(1)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
theaffice that originally decided your case. Any further inquiry must be made to that office. 
7 
4' Robert  inn, Chief 
I '. 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa 
petition and reaffirmed that decision on motion.' The matter is now before the Administrative Appeals 
(AAO) Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A). The director 
determined the petitioner had not established the sustained national or international acclaim necessary 
to qualifL for classification as an alien of extraordinary ability. 
On motion, the petitioner submitted additional evidence. The director concluded that the new evidence 
did not overcome the director's initial findings. On appeal, the petitioner submits additional evidence. 
For the reasons discussed below, we concur with the director that the petitioner has not established any 
sustained national or international acclaim. While we concur with the director that the petitioner's 
recognition significantly decreased after 1998, for the reasons discussed below, we further find that the 
petitioner has not established that she meets at least three of the ten regulatory criteria as required. 
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. 5 204.5(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. 5 204.5(h)(3). The relevant criteria will be addressed below. It 
1 
 The petitioner filed an untimely appeal from the director's initial decision, which the director treated as a 
motion. For clarity, the initial appeal will be referenced as a motion in this decision. 
should be reiterated, however, that the petitioner must show that she has sustained national or 
international acclaim at the very top level. 
According to Part 6 of the petition, the petitioner seeks to classify herself as an alien with extraordinary 
ability as a "singer/songwriter/actress." The regulation at 8 C.F.R. tj 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, she claims, meets the following o rite ria.^ 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner was a member of the British group Truce. Initially, she asserted that their album was 
nominated for numerous British awards. The published materials submitted reflect that in 1996, 
f 
was nominated for Best Newcomer and Best Group at the Black Music Awards (MBA) and a Music o 
Black Origin (MOMO) award in an unspecified category. The record contains no evidence that Truce 
won any awards for which it was nominated. As such, the petitioner has not established that she meets 
this criterion. Moreover, the award nominations were in 1996, seven years before the petition was 
filed. As such, they are not evidence of sustained acclaim as of that date. 
Documentation of the alien's membership in associations in the field for which classijication is 
sought, which require outstanding achievements of their members, as judged by recognized national 
or international experts in their disciplines or fields. 
The ~etitioner submitted evidence that in 1996. she was admitted as a ~rovisional member of the 
, an association of composers, authors and publishers of music. The 
rmation of her membership in the Performing Artists Media Rights 
Association (PAMRA) since February 1997. The petitioner initially failed to submit the membership 
requirements for these entities. On appeal, the petitioner submits evidence that PAMRA is a nonprofit 
organization "run by performers for performers." PAMRA, whose sole purpose is to administer 
recorded performance rights, holds mandates for over 17,000 members. Nothing in the materials 
provided suggest that PAMRA is an exclusive organization that requires outstanding achievements of 
its members as judged by recognized national or international experts in the field. Thus, the petitioner 
has not established that she meets this criterion. 
Published materials about the alien in profissional or major trade publications or other major 
media, relating to the alien's work in the field for which classiJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
2 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Page 4 
We are persuaded that the materials from 1998 or earlier could serve to meet this criterion. While the 
articles are primarily about as a three-member group and the petitioner is featured in the 
articles. We note, however, that much of the materials that are primarily aboum as opposed to 
being primarily about the award shows, suggest that they were published in advance of debut 
album. Thus, these materials appear to be primarily promoting their album as o osed to indicative of 
existing acclaim. While the petitioner submitted published materials about Do from 
2003, those materials mention only her vocal contributions to one of their songs. pu ished 
- 
materials are not primarily about the petitioner. Thus, the evidence relating to this criterion is not 
evidence of sustained acclaim in 2003 when the petition was filed. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
Performing on stage is inherent to the field of performing artist. Not every music performance is an 
artistic exhibition or showcase that sets the performers apart from others in their field. While the 
petitioner claims to have performed on MTV, the record does not contain evidence of that performance 
or its significance. Thus, the petitioner has not established that she meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The petitioner performed a critical role for Truce. The published materials and award nominations 
suggest thatenjoyed a distinguished reputation. The band, however, appears to have broken up 
by the end of 1998. The record contains no evidence of the petitioner's leading or critical roles after 
that date. Thus, the petitioner's role for is not evidence of her sustained acclaim in 2003, when 
the petition was filed. 
Evidence that the alien has commanded a high salary or other signzjicantly high remuneration for 
services, in relation to others in the field 
The record contains some evidence regarding remuneration the petitioner has received but no evidence 
that this remuneration is significantly high in the field. As such, the petitioner has not established that 
she meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, 
cassette, compact disk, or video sales. 
The record suggests that 
4 
enjoyed some commercial success in the 1990's but no evidence that the 
petitioner personally enjoye any commercial success after 1998. The record does not reflect that the 
petitioner was predominantly featured in the promotional materials for the movies in which she 
appeared in small roles. Thus, she cannot be credited with any commercial success those films may 
Page 5 
have enjoyed. As such, the evidence relating to this criterion is not evidence of sustained national or 
international acclaim in 2003, when the petition was filed. 
On motion, the petitioner submitted a letter from 
h. 
hief Executive Officer of Foster 
Child Entertainment, asserting that the petitioner is now a Foster C ild Entertainment artist. He further 
indicates that Foster Child Entertainment prepares artists for major deals as well as promoting and 
marketing them. While ~r.asserts that the petitioner's demo compact disc is "in demand by 
labels such as Sony Music Group and Universal," the record contains no evidence fiom these labels 
that they are interested in releasing the petitioner's recordings. Ultimately, this letter is not indicative of 
any commercial success after 1998. Moreover, any future commercial success cannot be considered, as 
the petitioner must demonstrate eligibility as of the date of filing. See 8 C.F.R. 9 103.2(b)(12); Matter 
of Katigbak, 14 I&N Dec. 45,49 (Reg. Comm. 1971). 
Finally, regarding the petitioner's acting career, we note that the petitioner has submitted no evidence of 
her acclaim as an actress. Rather, she submits evidence of small movie roles and a letter from the T. 
Shreiber Studio indicating that the petitioner is enrolled in a Beginning Exercises acting class. Such 
enrollment is not evidence that the petitioner is already one of the few at the top of the field. 
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 petitioner has distinguished herself as a 
singer, songwriter or actress to such an extent that she may be said to have achieved sustained national 
or international acclaim or to be within the small percentage at the very top of her field. The evidence 
indicates that the petitioner shows talent as a singer and songwriter, but is not persuasive that the 
petitioner's achievements set her significantly above almost all others in her field. Therefore, the 
petitioner has not established eligibility pursuant to section 203(b)(l)(A) of the Act and the petition 
may not be approved. 
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.