dismissed EB-1A Case: Chinese Opera

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
!!!!!!!46!9 
Office: VERMONT SERVICE CENTER Date: ' - Qk "'4 - - I, 
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(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED - 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
\I 4 Robert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office 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. 3 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 qualifL for classification as an alien of extraordinary ability. 
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. fj 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. 
3 204.5(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 seeks to classify the petitioner as an alien with extraordinary ability as a Chinese Opera Artist. The 
regulation at 8 C.F.R. 3 204.5(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, he claims, meets the following criteria.' 
Documentation of the alien's receipt of lesser nationally or internationully recognizedprizes or awardsfor 
excellence in theJield of endeavor. 
1 
The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
The petitioner submitted a 2002 citation from the City Council of New York; a 2001 certificate as an 
"Outstanding Artist of Chinese Traditional Theater" from his own agent; a 1999 award as a performer and 
educator from the Chinese Theater Workshop; the 199 1 Excellent Award of Per 
Invited Chinese Artists of Beijing Opera Competition; the 1990 Second Prize at 
Copper and Opera Performing Competition; the 1989 Excellent Performing 
~alian City Constructing and bama and Opera Performing Competition; the 1987 Excellent Screen Award at 
the National Middle and Young Artists of Pelung Opera Performing TV Competition and the 1986 First Prize of 
Beijing Opera Performing at the Liaoning Provincial 2nd Artistic Festival. Ting Zhengyun, a professor at the 
China Drama College, asserts that the petitioner's 1987 award "was the highest artistic career achievement 
honor of [the] Chinese Pelung opera performing circle to the opera artists in China." 
The director concluded that the regional awards could not serve to meet this criterion and that the record 
lacked evidence regarding the competitors at these competitions and the criteria used to select awardees. 
On appeal, the petitioner submitted evidence regarding his 1987 award. In a letter with no seal, Shi Hongtou 
of the Chinese National Young Artists of Peking Opera TV Competition Organization Committee asserts that 
the competition was jointly sponsored by his committee and the Ministry of Culture. Mr. Hongtou further 
asserts that competitors compete in initial, semi final, and final rounds. A sealed letter from the Qingdao 
City Peking Opera Theater implies that this award resulted in a salary increase, a bonus and large apartment 
assignment. 
The evidence is still not persuasive. The record lacks more specific information, such as the number of 
competitors and number and level of awards. Moreover, it can be expected that nationally recognized award 
competitions generate national press coverage. The record contains no major press coverage of the 
competition for 1987 or any other year. Regardless, the award was issued in 1987, 15 years prior to the filing 
date of the petition. Thus, even if we were to accept the award as nationally recognized, which we do not, it 
would not be indicative of sustained acclaim as of the date of filing. 
The remaining awards are regional and local in nature, including a citation from the petitioner's own agent. 
These awards cannot serve to meet this criterion. 
Documentation of the alien's membership in associations in the field for which classification is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines or fields. 
The director concluded, without discussion, that the petitioner had not established that he meets this criterion. 
We find further discussion is warranted. The petitioner submitted evidence of appointment and invitations to 
lecture as evidence to meet this criterion. A position withn an opera troupe or a spealung engagement is not a 
membership. As such, this evidence does not relate to this criterion but will be considered below as to whether 
it demonstrates a leading or critical role for an organization with a distinguished reputation. The petitioner also 
submitted his membership certificate for the China Dalian Dramatists Association. The petitioner, however, did 
not submit the bylaws or other official documentation containing the membership requirements for this 
association. The absence of such documentation precludes us from considering whether this association 
requires outstanding achievements of its members. Thus, the petitioner has not established that he meets this 
criterion. 
Published materials about the alien in professional 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. 
The petitioner his performances in Chinese-language U.S. newspapers and the Sacramento 
Bee. In addition and program host for Chinese American Voice, Inc., asserts that a 
petitioner "would lively [sic] broadcast to the audiences nationwide in the 
United States." This letter is ambiguous as to whether the interview had already been broadcast as of the filing 
date two months later. 
The director concluded that the media coverage had a limited regional readership and did not constitute "major 
media." In response, the petitioner characterizes the Sacramento Bee as "high profile" and asserts that the 
Chinese-language articles appeared in the "biggest newspaper in Chinese community such as World this 
is circling widely and also in high profile across the United States." (Grammar as it appears in original.) 
The Sacramento Bee is a city paper with no significant national distribution. We cannot consider a review of 
the petitioner's performance in that paper to be published material about the petitioner in major media. The 
petitioner has provided no evidence of the circulation of any of the Chinese-language publications. Going on 
record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings. Matter of Treasure Craft of California, 14 I&N Dec. 190, 193-194 (Reg. Comm. 
1972), broadened in Matter of Soflci, 22 I&N Dec. 1 58, 165 (Comm. 1998) and Matter of Ho, 22 I&N Dec. 
206, 21 1 (Comm. 1998). Moreover, this office has consistently held that, in general, articles that appear in a 
language that the majority of the population cannot comprehend is not major media coverage indicative of 
national or international acclaim. In light of the above, the petitioner has not met this criterion. 
Evidence of the alien's original scientiJic, scholarly, artistic, athletic, or business-related contributions of 
major signiJicance in the field. 
The director did not address this criterion specifically. The petitioner submitted letters from his fellow 
performers, audience members and those who have sponsored his workshops and performances. They all attest 
to his skill and expertise in Chinese opera generally. Some of the references attest to the 
in a manner that is more accessible to U.S. audiences. Specificall 
enter in Flushing, New York, asserts that the petitioner "re-edited 
quick performing speed, short story to meet the taste of the American audiences that 
received the warm welcome from the American audiences." (Grammar as appears in original.- 
asserts that his company appointed the petitioner "as the Artistic general monitor, director and re-editor for our 
[uplcoming opera performances." Other references explain that the petitioner translated the speech into English 
while keeping the singing in Chinese. The record contains no evidence that this type of presentation has 
influenced Chinese Opera as a whole. 
In res onse to the director's request for additional evidence, the petitioner submitted a letter purportedly from 
)1 
the Peking Opera Music Director for "Farewell My Concubine." The letter is not on letterhead and 
oes not include any contact information whereby we could verifL this letter, such as an address or phone 
number. Regardless, the letter simply enumerates the petitioner's awards and other evidence in the record with 
little explanation as to the significance of the evidence. The letter then attests to the author's favorable opinion 
of the petitioner's talent. 
On appeal, the petitioner submitted a letter from Martin Golden, a New York State Senator for the 22"d District. 
While Senator Golden attests to the petitioner's contributions to the community, he does not explain how the 
petitioner's free entertainment to the community represents a contribution of major significance to the field of 
Chinese Opera as a whole. In fact, Senator Golden provides no examples of the petitioner's national or 
international acclaim. For the reasons stated above, the petitioner has not established that he 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 has not claimed to meet this criterion and the director failed to address it. Given the evidence that 
relates to the petitioner's various roles for various troupes, we find that the evidence bears mention. 
The petitioner submitted an appointment letter signed by his partner and agen 
If 
confirming 
his position as "the national and international artists on worrier and old man ro e o Peking Opera as Operatic 
Director, Artistic Consultant and First-rank Artist by Strange Candy for the coming Peking Opera presentation 
for three years from January I, 2002 to December 3 1, 2004." Binghua Gong appointed the petitioner as "guest 
artistic general monitor to be responsible for all re-editing, directing and preparing all coming performances" for 
an art center in Flushing, New York bearing the petitioner's name. On January 11, 2002, the petitioner was 
invited to serve as the Director of Beijing Opera Troupe affiliated with the Clinton Culture Association in 
Flushing, New York. The record does not establish whether the petitioner had accepted this role prior to the 
filing date two months later. On December 1, 1994, the Qingdao Peking Opera Theater appointed the petitioner 
as a National lSt Grade Artist from January 1995 to January 1996. Ni Shiqi, the president of this opera 
company, asserts that the petitioner was a leading artist and led the company on tours all over China. 
The petitioner also performed at the Brooklyn Public Library, Express Media Inc.'s Chinese New Year party at 
Harmony Restaurant, the Flushing Library, the Brooklyn Children's Museum, Suffolk County Community 
College, The State University of New Jersey at Rutgers and New York University (NYU). The petitioner spoke 
about Beijing Opera and face painting at some of these events. The invitation to NYU was due to the fact that 
the petitioner's partner and agent was a student there. 
Not every cultural performer who appears at a local cultural festival plays a leading or critical role for the 
organization that sponsored the festival. Thus, we cannot conclude that the petitioner played a leading or critical 
role for the universities, companies and libraries that sponsored his performances. While the petitioner may 
have played a leading or critical role for various opera troupes, the record contains no evidence that any of those 
troupes enjoy a distinguished reputation nationally. For example, there is no evidence that these troupes have 
received any media coverage other than reviews of their performances by local papers covering the location 
where the performances occurred. For the above reasons, the petitioner has not established that he meets this 
criterion. 
Evidence that the alien has commanded a high salary or other signiJicantlv high remuneration for services, 
in relation to others in thejeld. 
The petitioner did not initially claim to meet this criterion. In both the director's request for additional evidence 
and in her final decision, she implies that this criterion carries more weight than other criteria. We withdraw 
any such inference. Nothing in the regulations requires a petitioner to meet any specific criterion in order to 
establish eligibility. That said, we note that the following criterion, commercial success in the performing arts 
pursuant to 8 C.F.R. 3 204.5(h)(3)(x), directly relates to the petitioner's occupation. While failing to meet a 
criterion so specifically designed for one's occupation does not preclude eligibility, an alien who lacks any 
commercial success bears a heavy burden in demonstrating national or international acclaim as a performing 
artist. 
In response to the director's request for evidence to meet this criterion, the petitioner submitted receipts from 
California State University, Sacramento, for payment to Strange Candy. These pay stubs reflect the following 
payments: 
September 30,2002 $1,600 
October 16,2002 $300 
December 17,2002 $500 
performance on November 19, 2002. A final contract for a 15-minute 
on February 19, 2003 at the Pratt Institute reflects compensation of $800. 
of Strange Candy, writes: 
This letter is intended to make clear that all references to Strangecandy contained in contracts 
and letters, refer to [the petitioner]. Fees paid to Strangecandy and contracts signed by me on 
behalf of Strangecandy are done so as the agent of [the petitioner]. He is the only paid actor of 
Strangecandy and the performances are engaged based on the understanding that he will 
appear. Money received by Strangecandy is earned by him alone. 
The director discounte testimony based on her affiliation with the petitioner. Regardless, the 
record contains no evidence that the above remuneration is comparable with the remuneration received by the 
most acclaimed performing artists in the United States. Thus, the petitioner has not established that he meets 
this criterion. 
Evidence of commercial successes in the performing arts, as shown by box ofJice receipts or record, cassette, 
compact disk, or video sales. 
The petitioner submitted a videotape of his performances as evidence to meet this criterion. The tape does not 
appear to be professionally filmed, edited or packaged and there is no evidence that it was ever available for 
sale. Regardless, the petitioner did not submit sales data for this video or box office receipts for the 
performances depicted on the tape. As such, the petitioner has not submitted the type of evidence required by 
this criterion. We must agree with the director that the fliers, video and photographs suggest that the petitioner 
has performed in libraries and at local cultural festivals sponsored by universities, private employers, and a New 
York City council district. One of the petitioner's references, while attesting to his enjoyment of the petitioner's 
performance, characterizes it as a "small theatrical production." While the petitioner references plans to 
perform at major venues in New York such as theaters on Broadway, the record contains no evidence that he has 
already reached that level of commercial success. 
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 himself as a Chinese 
Opera performer 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 
petitioner shows talent as a Chinese Opera performer, but is not persuasive that the petitioner's achievements set 
him significantly above almost all others in his 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. 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.