dismissed EB-1A Case: Chinese Comedy

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prevent clearly UAWWM 
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PUBLIC COPY 
U.S. Department of florneland Security 
20 Mass. Ave., N.W., Rln. 3000 
Wash~ngton, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
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. $ 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. 
LJ 
sbert P. Wiernann, Chief 
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 (AAO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the decision of the director "is erroneous because it fails to evaluate the 
documentation submitted and ignores key evidence in the record." 
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 ths 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 into the United States will substantially benefit prospectively 
the United States. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. 9 204.5(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 should be reiterated, however, that the petitioner must show 
that he has sustained national or international acclaim at the very top level. 
This petition, filed on August 16,2006, seeks to classify the petitioner as an alien with extraordinary ability as 
a performing artist. More specifically, the petitioner performs a traditional form of Chinese comedy known as 
"cross-talk" or "xiang sheng." At the time of filing, the petitioner was working for the CBA Culture & Arts 
Center. Inc. in New York. 
Page 3 
The regulation at 8 C.F.R. 9 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally recognized 
award). Bamng 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. A petitioner, however, cannot establish eligibility for this classification merely by 
submitting evidence that simply relates to at least three criteria at 8 C.F.R. 9 204.5(h)(3). In determining 
whether the petitioner meets a specific criterion, the evidence itself must be evaluated in terms of whether it is 
indicative of or consistent with sustained national or international acclaim. A lower evidentiary standard 
would not be consistent with the regulatory definition of "extraordinary ability" as "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. fj 204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria. 
Docurnentation ofthe alien's receipt oflesser natior~ally or interrzationally recogizizedprizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted the following: 
1. Certificate of Recognition from the Beijing Branch of the Chinese Quyi Society stating that the 
petitioner "was awarded First Prize at Beijing's 'Ma San-Li Cup' Cross-talk Competition for his 
solo performance" (March 2004). 
2. Certificate of Recognition from the Chinese Communist Youth League stating that the petitioner 
"was awarded the Grand Prize in 'The National Cross-Talk Competition"' (May 2001). 
3. Certificate of Recognition from the Chinese National Youth Association stating that the petitioner 
"was awarded the title of 'Excellent Young Performer' at the 'Cross-talk Exchange Promotional 
Performance"' (March 2001). 
4. Certificate of Recognition from the Performing Arts Division of the Jiangsu Province Cultural 
Bureau recognizing the petitioner "for his exceptional contribution to the Perfonning Arts of 
Jiangsu Province" (July 2000) 
5. Certificate of Recognition from the Department of Performing Arts of China Central Television 
(CCTV) stating that the petitioner "received the Special Recognition Award at the National 
'CCTV Cup Cross-talk Competition"' (March 1999). 
6. Certificate of Recognition from the Chinese Communist Youth League stating that the petitioner 
"was awarded First Prize at the National University Students' 'Talkshow' Competition" (October 
1998). 
Pursuant to 8 C.F.R. 3 103.2(b)(3), any document containing foreign language submitted to CIS shall be 
accompanied by a full English language translation that the translator has certified as complete and accurate, 
and by the translator's certification that he or she is competent to translate from the foreign language into 
English. The English language translations accompanying the petitioner's award certificates were not 
certified as required by the regulation. 
Items 1 and 4 above reflect local or provincial recognition rather than national or international recognition. 
With regard to the petitioner's "Excellent Young Performer" award (item 3) and his two certificates of 
recognition from the Chinese Communist Youth League (items 2 and 6), he has not shown that these awards 
were open to established professionals already working in the field rather than limited to students or young 
performers. On appeal, counsel argues that the preceding youth awards were "given to individuals . . . 
beyond the juvenile age group." Counsel further states: "It can be seen that [the petitioner] who was born in 
1978, won the National Cross-talk Competition Grand Prize in 2001, when he was 23 years old. He was 
therefore an adult when he won this prize, and although the award was given by the Chinese Communist 
Youth League, the term 'youth' clearly included young adults." Nevertheless, there is no evidence showing 
that the petitioner faced competition from throughout his field rather than limited to his approximate age 
group within that field. The petitioner's receipt of awards limited by their terms to students or young adults is 
not an indication that he "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 petitioner seeks a highly restrictive visa classification, intended for 
individuals already at the top of their respective fields, rather than for individuals progressing toward the top 
at some unspecified future time. 
In regard to items 1 through 6 above, the plain language of the regulatory criterion at 8 C.F.R. 9 204.5(h)(3)(i) 
specifically requires that the petitioner's awards be nationally or internationally recognized in the field of 
endeavor and it is his burden to establish every element of this criterion. In this case, the petitioner has not 
submitted evidence showing that his awards commanded national or international recognition beyond the 
presenting organizations consistent with sustained national or international acclaim. The record contains no 
evidence establishing the significance and magnitude of the preceding competitions. Nor is there general 
information about the competitions (such as the eligibility criteria, the number of entrants, or the percentage 
of entrants who earned some type of recognition). National competitions typically issue event programs 
listing the names of the participating contestants and the award categories. At a competition's conclusion, 
results are usually provided indicating how each participant performed in relation to the other contestants. 
The petitioner, however, has provided no evidence of the official comprehensive results for the contests in 
which he received awards. Nor is there supporting evidence showing that the recipients of the preceding 
honors were announced in major media or in some other manner consistent with national or international 
acclaim. 
In light of the above, the petitioner has not established that he meets this criterion. 
Documentation of the alien's membership in associations in the field for which classi~cation 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must show that 
the association requires outstanding achievement as an essential condition for admission to membership. 
Membership requirements based on employment or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recommendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. Further, the overall prestige of a given association is not determinative; the issue here is 
membership requirements rather than the association's overall reputation. 
The petitioner submitted his membership credential for the Chinese Quyi Association and general information 
about the association, but there is no evidence (such as membership bylaws or official admission 
Page 5 
requirements) showing that it requires outstanding achievements of its members, as judged by recognized 
national or international experts in the petitioner's field or an allied one. As such, the petitioner has not 
established that he meets this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the-field for which classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet this criterion, it must be primarily about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualify 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national level from a local publication or from a publication printed in a language that the 
vast majority of the country's population cannot comprehend. Some newspapers, such as the New York Times, 
nominally serve a particular locality but would qualify as major media because of significant national distribution, 
unlike small local community papers.' 
The petitioner submitted a non-certified English language translation of an article about him in Art Stars. The 
title of the article, its date, and author were not provided as required by the plain language of this regulatory 
criterion. Further, there is no evidence (such as circulation statistics) showing that Art Stars is professional or 
major trade publication or other form of major media. The petitioner also submitted incomplete, non-certified 
English language translations of August 27,2001 and February 12, 1999 articles in China Art News and a July 
27, 2000 article in Arts News. The record also includes incomplete, non-certified translations of a November 
9, 2005 article in the Epoch Times, a November 9, 2005 article in Sing Tao, a November 12, 2005 article in 
New York Community Times, and a November 28, 2005 article in Ming Pao. The authors of the latter two 
articles were not identified as required by the plain language of this regulatory criterion. 
In response to the director's request for evidence, the petitioner submitted information regarding the distribution 
of Sing Tao Daily, Ming Pao, Wenyi Bao (Arts News), and Zhongguo Yishu Bao (China Art News). The articles 
in these publications, however, were not primarily about the petitioner and only mention his name in passing. 
The plain language of ths regulatory criterion requires that the published material be "about the alien." Further, 
the English language translations accompanying the petitioner's articles were neither complete nor certified as 
required by the regulation at 8 C.F.R. 9 103.2(b)(3). 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence of the alien's original scientzfic, scholarly, artistic, athletic, or business-related 
contributions of major signEficance in the field. 
The petitioner submitted six letters of recommendation. On appeal, counsel argues that the director ignored 
these letters from "leading critics and performers who attest eloquently to [the petitioner's] remarkable 
I 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
accomplishments, success, and recognition as a Chinese cross-talk artist." The letters of support submitted by 
the petitioner's personal contacts will be addressed below. 
m 
Executive Director, CBA Culture & Arts Center, Inc., states: 
[The petitioner] is one of the premier performers from China of a traditional form of comedy 
performance known as "cross-talk." Cross talk is a type of Chinese stand-up comedy wherein the 
performer engages in story-telling, singing, instrumental music, joking through use of puns with the 
numerous Chinese dialects, and lively banter back and forth with a kind of "straight man" (hence the 
term "cross-talk"). [The petitioner] was trained from an early age in this art, and is widely recognized 
in China as one of the leading performers of this form of entertainment. 
We were lucky that [the petitioner] accepted our offer to join our nationally known troupe of 
outstanding Chinese musicians, opera performers, and practitioners of traditional Chinese 
performance art forms. [The petitioner] brought his style of cross-talk to America, and has further 
adapted this century-old art for a multi-cultural audience which has been readily accepted by those 
attending our performances. Furthermore, [the petitioner's] important status in promoting U.S.-China 
artistic exchange has been widely acknowledged by the mainstream entertainment companies. In the 
future, [the petitioner] will bring even more delightful fun and laughter to the America, the world's 
meatest stage. 
- 
, who identifies himself as "a famous Chinese comedian of the older generation," states: 
I know that [the petitioner] is now a top cross-talk performer of the younger generation. I have seen 
him many times performing in Tianjin. He is an excellent example of this tradition, who not only 
knows the full repertoire of the old styles, he is constantly creating new materials for his 
performances. I really love his ability to mimic, and his outstanding use of dialect, two of the key 
parts of the cross-talk performance. His ability to improvise wonderfully humorous speech and to 
speak back and forth, either taking both roles of the conversation, or working with another artist, is 
marvelous to see. [The petitioner] has gained the reputation for being one of the best cross talkers in 
China. I am happy to see that the younger generation is now piclung up this art, to cany on what we 
older hands have devoted our lives to. [The petitioner] has become very popular and has a big 
following, because he has developed the most "on the edge" style. 
of Little Neck, New York, who identifies herself as "a recognized master" of cross-talking, 
states: 
I am writing this letter on behalf of [the petitioner], who is a renowned master of the Chinese 
traditional comic art known as cross-talk. I can confirm that [the petitioner] is known throughout 
China for his genius in this classical form of comedy. . . . [The petitioner] is known for his brilliance 
in language use, his speed of speech and ability to use numerous Chinese dialects to great comic 
effect. He is also surprising because in contrast to his mild-mannered appearance, his satire can be 
biting. I personally have long enjoyed and admired [The petitioner's] artistry and have seen him 
perform both in China and the United States. I can attest to the great enjoyment experienced by the 
large audiences who have attended his performances. 
Scientific Director, Pondation Nationale des Sciences Politiques, and Research Director, 
Centre d'Etudes et de Recherches Internationales, Paris, states: 
I am writing this letter in behalf of [the petitioner], a renowned artist in the traditional Chinese form 
of theatrical entertainment known as "cross-talk," or xiang sheng. As an expert on Chinese politics 
and culture, I am well aware of this form of performance art, and of [the petitioner's] stature in the 
field. I came to know of his work when he was visiting in Paris where he was pursuing a Master's 
degree, and performed his art at a theater here. Being fluent in Chinese, I was able to understand 
much of the performance, but I also knew there were many words in dialect and specialized 
references that are difficult for a foreigner to understand. What was not difficult to understand were 
the exquisite physical comedy that [the petitioner] was able to display, as well as wry contortions of 
the facial muscles, sounds that he produced, and brilliant mime, that required no knowledge of 
Chinese on the part of the audience to appreciate. [The petitioner] certainly lived up to his reputation 
as one of the leading masters of this art. 
CO-director, Art Resources for Teachers and Students, Inc., New York, states: 
We have seen [the petitioner] in performance on stage as he was invited by our organization to 
perform a number of times. [The petitioner] has brought with him his unique art form which was 
immensely enjoyed by our members. His work has brought a tradition to the United States from a far 
away culture, and that has now enriched the lives of New Yorkers who can easily appreciate its 
universal message. His message is that laughter will cross all borders and transcend all boundaries. 
= of Elrnhurst, New York, who identifies herself as "a renowned Chinese traditional musician," states: 
[The petitioner] is a leading practitioner of the traditional stage performance art called "cross-talk". . . . 
[The petitioner] is considered a master of his generation in this art form. . . . I have been privileged to 
see [the petitioner] perform and I can say that he is quite a remarkable artist of this form of stage 
entertainment. I am certain that he is one of the most renowned performers of cross-talk in China 
today, and I am sure that he will be a wonderful cultural gem if he can come to the United States as a 
permanent resident. 
The preceding letters of recommendation discuss the petitioner's activities and talent and a cross-talker, but 
they fail to demonstrate that he has made original contributions of major significance in his field. The letters 
include no substantive discussion as to which of the petitioner's specific achievements rise to the level of 
original contributions of major significance in the field. According to the regulation at 8 C.F.R. 
$ 204.5(h)(3)(v), an alien's contributions must be not only original but of major significance. We must 
presume that the phrase "major significance" is not superfluous and, thus, that it has some meaning. While 
the petitioner is clearly admired by those offering letters of support, there is nothing to demonstrate that his 
work has had major significance in the field. For example, the record does not indicate the extent of the 
Page 8 
petitioner's influence on other performers nationally or internationally, nor does it show that the field has 
somehow changed as a result of his work. 
In this case, the letters of recommendation submitted by the petitioner are not sufficient to meet this criterion. 
These letters, while not without weight, cannot form the cornerstone of a successful extraordinary ability 
claim. CIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. See 
Matter of Caron International, 19 I&N Dec. 791, 795 (Comrnr. 1988). 
 However, CIS is ultimately 
responsible for making the final determination regarding an alien's eligibility for the benefit sought. Id. The 
submission of letters of support from the petitioner's personal contacts is not presumptive evidence of 
eligibility; CIS may evaluate the content of those letters as to whether they support the alien's eligibility. See 
id. at 795. Thus, the content of the writers' statements and how they became aware of the petitioner's reputation 
are important considerations. Even when written by independent experts, letters solicited by an alien in 
support of an immigration petition are of less weight than preexisting, independent evidence of original 
contributions of major significance that one would expect of a performer who has sustained national or 
international acclaim. Without extensive documentation showing that the petitioner's work has been 
unusually influential or has otherwise risen to the level of original contributions of major significance, we 
cannot conclude that he 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. 
This criterion calls for commercial successes in the form of "sales" or "receipts"; simply submitting event 
programs from various stage performances that included the petitioner cannot meet the plain language of this 
criterion. The record includes no evidence of documented "sales" or "receipts" showing that the petitioner 
achieved commercial successes in the performing arts in a manner consistent with sustained national or 
international acclaim. For example, there is no indication that the petitioner's performances in China or the 
United States consistently drew record crowds, were regular sell-out performances, or resulted in greater 
audiences than other similar performances that did not feature the petitioner. 
In light of the above, the petitioner has not established that he meets this criterion. 
In this case, the petitioner has failed to demonstrate receipt of a major, internationally recognized award, or 
that he meets at least three of the criteria at 8 C.F.R. $ 204.5(h)(3). 
Review of the record does not establish that the petitioner has distinguished himself 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 is not persuasive that the petitioner's achievements set him 
significantly above almost all others in his field at a national or international level. 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. $ 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
Page Y 
ORDER: The appeal is dismissed.