dismissed EB-1A Case: Dance

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
PUBLIC COPY Ow 
NEBRASKA SERVICE CENTER Date: 
LIN 05 041 50948 
 OCT 0 5 2m 
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 1 153(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. 
$?'Robert P. Wiernanshief 
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 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. 5 1153(b)(l)(A), as an alien of extraordinary ability. 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 petitioner "meets the requirements for the classification sought" as an alien of 
extraordinary ability and that the petitioner "has enjoyed sustained national or international acclaim." 
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 should be reiterated, however, that 
the petitioner must show that she has earned sustained national or international acclaim at the very top level. 
This petition, filed on November 22, 2004, seeks to classify the petitioner as an alien with extraordinary 
ability as a dancer. At the time of filing, the petitioner was working as a dancer and teacher at Repertory 
Dance Theatre in Salt Lake City, Utah, and as a guest artist, teacher, and choreographer for the Department of 
Theatre Arts and Dance at Southern Utah University. 
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 
Page 3 
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 pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes 
or awards for excellence in the field of endeavor. 
The petitioner submitted the following: 
1. May 15, 1998 letter fi-om Northern Illinois University offering the petitioner a scholarship in the 
amount of $420.00 for the 1998- 1999 academic year 
2. September 6, 1998 letter from Northern Illinois University offering the petitioner an additional 
student scholarship in the amount of $300.00 for the 1998-1999 academic year 
3. May 19, 1999 letter from Northern Illinois University notifiing the petitioner that her academic 
record qualified her for the Dean's List 
4. March 12, 1999 letter from Ohio State University informing the petitioner of her receipt of a 
University Fellowship for graduate study in Dance 
5. March 8, 2000 letter from Ohio State University informing the petitioner of her receipt of Program 
for the Enhancement of Graduate Studies' (PEGS) funding in the amount of $200.00 for travel 
expenses to New York to attend a Doug Varone workshop 
6. May 15, 2000 letter from Ohio State University offering the petitioner an appointment as a Graduate 
Associate in the Department of Dance 
7. March 11, 2001 letter from Ohio State University Department of Dance informing the petitioner of 
her receipt of "a scholarship in the amount of $500.00 for the Labanotation Teacher Certification 
Course" 
8. January 1, 2003 Certificate from the Dance Notation Bureau, Inc. stating that the petitioner 
"satisfactorily met the standards required" for a "Elementary Teaching Certificate in Labanotation" 
9. April 19, 2001 letter from Ohio State University notifiing the petitioner of her receipt of an award of 
$400.00 to support the cost of her Master of Fine Arts research project 
10. March 12, 2001 letter from Ohio State University informing the petitioner of her receipt of Program 
for the Enhancement of Graduate Studies' (PEGS) funding in the amount of $40.00 to cover summer 
conference fees 
11. May 21, 2001 letter from Ohio State University offering the petitioner a Summer Quarter 
appointment as a Graduate Associate in the Department of Dance 
12. May 23, 2001 letter from Ohio State ~nkersity offering the petitioner an appointment as a Graduate 
Associate in the Department of Dance 
13. May 24, 2001 letter from Ohio State University informing the petitioner of her receipt of a Special 
Projects Grant in the amount of $3 16.00 for travel expenses to Chicago to work with choreographer 
Paula Frasz 
14. 2001-2002 Certificate from Ohio State University Department of Dance stating that the petitioner 
won a departmental "Vickie Blaine Special Projects Award" 
15. November 16, 2001 letter from Ohio State University informing the petitioner of her receipt of 
Program for the Enhancement of Graduate Studies7 (PEGS) funding in the amount of $200.00 to 
cover expenses for a dance presentation in Chicago 
The above scholastic honors are presented not to established dancers with active professional careers, but 
rather to students pursuing further training and education. We cannot artificially restrict the petitioner's field 
to exclude all those dancers who have finished their educational training and who therefore do not compete 
for student awards and university grants. In respect to the preceding awards from educational institutions 
attended by the petitioner, Citizenship and immigration Services (CIS) views academic awards as local or 
institutional honors rather than nationally or internationally recognized awards for the reason that they are 
limited to the individual school or institution presenting the awards. This criterion is intended to be restrictive 
and cannot be open to every arts scholar who has ever received a nominal grant or stipend from a university. 
Furthermore, the petitioner's awards were hot presented for excellent achievement in her field, but rather for 
general scholastic achievements and other traits deemed praiseworthy by the university making the awards. 
University study is not a field of endeavor, but rather training for future employment in a field of endeavor. 
The correspondence submitted by the petitioner shows that her awards amount to financial support for her 
then ongoing studies and dance training at Northern Illinois University and Ohio State University. 
The petitioner also submitted a "Certificate of Distinction" from the 
 in 
Taiwan stating: "This certificate has been presented to [the petitioner] in recognition of their [sic] outstanding 
performance in the Modern Dance category on May 5, 1990. It entitles the above named to membership of 
the Rising Stars Dance Workshop." The petitioner states that this award is intended for "youth dancers [who] 
have high potential in modern dance and outstanding technique and creativities." We note that the petitioner 
was age 14 when she received this award. There is no evidence showing that the petitioner faced competition 
from throughout her entire field, rather than her approximate age group within that field. We find that the 
petitioner's receipt of a Rising Stars Dance Workshop award is not an indication that she has reached the 
"very top of the field of endeavor." See 8 C.F.R. 9 204.5(h)(2). The petitioner seeks a highly restrictive visa 
classification, intended for aliens already at the top of their respective fields, rather than for individuals 
progressing toward the top at some unspecified future time. 
In a November 2,2004 letter accompanying the petition and in a July 13,2005 letter submitted in response to 
the director's request for evidence, the petitioner claims that she won a "Third Place award at the National 
Chinese Dance Competition in South Region, Taiwan, 1988," a "First Place award at the National Folk Dance 
Competition in South Region, Taiwan, 1990," a "Second Place at the National Chinese Modern Dance 
Competition in South Region, Taiwan, 1992," and a "Finalist award at the National Special Dance 
Examination . . . in April 1990." The record, however, includes no evidence of the preceding awards claimed 
by the petitioner. Going on record without supporting documentary evidence is not sufficient for purposes of 
meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) 
(citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Nor has the petitioner 
submitted evidence that would demonstrate the geographic area from which the individuals eligible for 
consideration for these awards were drawn from, the criteria for granting these awards, the level of expertise 
of those considered, and the number of individuals eligible to compete. 
Regarding the Taiwanese awards claimed by the petitioner from 1988 to 1992, there is no evidence of 
contemporaneous publicity surrounding these awards or evidence showing that they command a substantial 
level of recognition.' Section 203(b)(l)(A)(i) of the Act, however, requires "extensive documentation" of 
sustained national or international acclaim. Further, the plain language of the criterion at 8 C.F.R. 
fj 204.5(h)(3)(i) specifically requires that the awards or prizes be nationally or internationally recognized and it is 
the petitioner's burden to establish every element of a given criterion. In this case, there is no documentation 
from the awarding entities or print media to establish that the petitioner's competitive dance awards were 
nationally or internationally recognized. 
In light of the above, the petitioner has not established that she 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 classijkation is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
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 or international level from a local publication. 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.2 
The petitioner submitted articles appearing in local newspapers such as the Salt Lake Tribune (Salt Lake 
City), Deseret Morning News (Salt Lake City), The Lantern (Ohio State University's student newspaper), 
University Journal (Southern Utah University's student newspaper), and the Great Falls Tribune (Great Falls, 
~ontana).~ There is no evidence showing that any of these publications have substantial national readership. 
Further, none of the published materials devote more than a few sentences to the petitioner. The majority of 
these articles are about ensemble productions or events in which the petitioner appeared as one of multiple 
performers rather than being1 primarily about the petitioner. The plain language of this criterion, however, 
requires "published materials about the alien." If the petitioner is not the primary subject of the material, then it 
fails to demonstrate her individual acclaim. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of the alien's participation, either individually or on apanel, as a judge of the work of 
others in the same or an alliedfield of specijication for which classijication is sought. 
' We note that large-scale competitions typically issue event programs listing the order of events and the names of the 
contestants. At a competition's conclusion, results are usually provided indicating how each participant performed in 
relation to the other competitors in his or her events. The petitioner, however, has provided no evidence of the official 
comprehensive results for the dance competitions for which she claims to have received awards. 
2 
 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, cannot 
serve to spread an individual's reputation outside of that county. 
3 
 Local media attention limited to the community where one resides is not indicative of national or international acclaim. 
The petitioner submitted a May 21, 2001 letter addressed to her from Karen Bell, Chair, Department of 
Dance, Ohio State University, stating: 
I am pleased to offer you a Summer Quarter appointment as a Graduate Associate (G.A.) in the 
Department of Dance. 
Responsibilities of your appointment will include teaching Dance 201.02, Ballet I . . . ; teaching 
Dance 601.02, Ballet II/III . . . ; and fulfilling other assigned duties as needed. . . . You will be 
expected to work an average of 10 hours per week over the course of the quarter. 
In addressing the petitioner's Graduate Associate appointment in the Department of Dance at Ohio State 
University, the director's decision stated: "[The petitioner's] role within the confines of graduate school 
appears to derive from academia rather than sustained national or international acclaim. The petitioner has 
not demonstrated that instructing is uncommon or atypical for staff in her capacity at the Ohio State 
University." 
On appeal, counsel states: 
The Service erred in stating that [the petitioner's] role as a graduate teacher appears to derive from 
academia rather than sustained national or international acclaim. [The petitioner] taught Ballet 
classes, Level I through Level IV, to dancer majors, as other faculty members do. To teach major 
level classes, one must have the ability to teach, such as a minimum of an MFA degree plus 
professional achievements in the field. andr, two very high standard 
professional dancers and educators, teac e major eve1 classes at OSU. It is very rare and 
uncommon for a graduate student to teach major classes. [The petitioner] was the only graduate 
student to be asked to teach major level classes. She qualified for this merit not only because of her 
high academic achievements, but also because of her vast professional experience before joining the 
her high quality teaching, some faculty members also took her class, 
such a 
 . and Associate Professor of OSU. 
Furthermore, in addition to being a professional dancer, choreographer and a gifted teacher, [the 
petitioner] is also a certified instructor of Labanotation, with the unique ability to check and validate 
the notated scores that often serve as the basis for the company's repertoire. Labanotation as a system 
for recording and analyzing human movement was first published by Rudolf Laban in 1928. 
Labanotation serves the art of dance much as music notation serves the art of music. This system is 
one of the most universally used systems of movement notation for the documentation of, education 
about, and research on human movement. 
The regulation at 8 C.F.R. 5 204.5(h)(3) provides that "a petition for an alien of extraordinary ability must be 
accompanied by evidence that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Evidence of the petitioner's participation as a 
judge must be evaluated in terms of these requirements. Evaluating the work of accomplished professionals as 
a member on a national panel of experts is of far greater probative value than evaluating students in one's 
classroom. In an occupation where "judging" the work of others is an inherent duty of the occupation, such as an 
instructor, teacher, manager, coach, professor or editor, simply performing one's job related duties demonstrates 
com~etencv, and is not evidence of national or international a~claim.~ 
. - 
According to 
 letter, teaching dance courses was a responsibility required of the petitioner's 
appointment as a Graduate Associate in the Department of Dance. We do not find that a temporary teaching 
appointment such as this elevates the petitioner above almost others in her field. While a teacher does 
evaluate the work of her pupils, this evaluation process is inherent to the position. We accept that the 
petitioner's appointment may distinguish her from other Ohio State University graduate students, but it is not 
adequate to demonstrate that she has earned acclaim beyond her employer. Further, while the petitioner 
possesses a certificate from the Dance Notation Bureau, Inc, stating that she "satisfactorily met the standards 
required" for a "Elementary Teaching Certificate in Labanotation," there is no indication that completing such 
training demonstrates sustained national or international acclaim. Nor is there evidence documenting the 
specific instances in which the petitioner used this methodology to judge others in her field at the national or 
international level. The plain language of this criterion, however, requires "[elvidence of the alien's 
participation . . . as a judge of the work of others." Without evidence showing that the petitioner's activities 
involved evaluating experienced professionals at the national or international level, we cannot conclude she 
meets this criterion. 
Evidence of the alien's original scientzjic, scholarly, artistic, athletic, or business-related 
contributions of major signzficance in the field. 
The petitioner submitted several letters of support. We cite representative examples here 
Artistic Director, Bebe Miller Company, and Full Professor of Dance, Ohio State University, 
states: 
[The petitioner's] current position as a member of Repertory Dance Theater firmly establishes her as 
a leading artist of our time. . . . She is an original and unique dancer and performer, with a soloist's 
grasp of the nuances of expression that make her stand out among other dancers. . . . She is a 
technical wizard of the form, with an extraordinary agility and an intuitively expressive range of 
movement, able to both amaze and transfix an audience. 
I first met and worked with [the petitioner] when she was a graduate student at Ohio State University, 
where I am a Full Professor of Dance. 
In her June 1, 2004 letter of support, 
 Assistant Chair, Department of Dance, Ohio State 
University, states: 
4. 
 This is true.with all duties inherent to an occupation. For example, publication is inherent to scientific researchers. 
Thus, the mere publication of scholarly articles cannot demonstrate national acclaim. The petitioner must demonstrate 
that the articles have garnered national attention, for example, by being widely cited. 
Page 8 
I worked with [the petitioner] for three years, while she was a graduate student in our program 
pursuing an MFA Degree in Dance. I taught her modern dance technique, performance and repertory. 
. 
 In April 2003, RDT [Repertory Dance Theatre] presented a concert entitled Heartland featuring four 
of my works. In preparation for this concert, I worked with [the petitioner] during two rehearsal 
periods of three weeks each. [The .petitioner] is a consummate professional who demonstrated the 
highest standards, in terms of work ethic, physical skill and creative imagination. 
In her June 13, 2005 letter of supportasserts that the petitioner "is one of the top three young 
dance artists/scholars" whom she has encountered in the past fifteen years.urther states that 
the petitioner has "potential to be a prominent voice in the dance field of over the next twenty years." In 
order to satisfy this criterion, however, the petitioner must submit evidence showing that her work has alread 
had a si nificant national or international impact in her field. While the letters of support from 
Y 
and -indicate that the petitioner is a talented young dancer, they do not adequately address how 
the pet~t~oner s past accomplishments rise to the level of a contribution of major significance in her field. 
The petitioner submitted additional letters of support from faculty members at Ohio State University, 
Southern Utah University, National Taiwan University, and Northern Illinois University, all of whom have 
worked with or taught the petitioner.5 The record also includes letters of support from the Artistic Director at 
Repertory Dance Theatre, the Mayor of Salt Lake City, the Salt Lake City Arts Council, a Constituent Liaison 
for U.S. Senator Robert Bennett of Utah, a member of the Board of Congress on Research in Dance (who 
states that she knew the petitioner during her years at Ohio State University), and the Artistic Co-Director of 
Ririe Woodbury Dance Company of Salt Lake City (a dance comp 
auditioned). However, the preceding letters, like the letters from 
 fail to 
identify an original dance contribution of major significance 
Further, while these letters reflect that the petitioner excelled academically at her universities and is known 
throughout the Salt Lake City artistic community, they are not adequate to demonstrate her national or 
international acclaim. 
In this case, the evidence submitted by the petitioner is not adequate to demonstrate that her work has had a 
significant national or international impact in the modern dance field. We accept that the petitioner is a 
talented dancer with an impressive academic background, but the record lacks independent evidence 
demonstrating that her contributions have significantly influenced her4eld. For example, there is no 
evidence showing the extent of the petitioner's influence on other professional modern dancers. The fact that 
the petitioner has embarked on a career with a reputable dance company does not demonstrate that her prior 
achievements are nationally or internationally acclaimed as having major significance in the field. Without 
With regard to the personal recommendation of individuals from institutions where the petitioner has studied or 
worked, the source of the recommendations is a highly relevant consideration. These letters are not first-hand evidence 
that the petitioner has earned sistained acclaim outside of her affiliated institutions. If the petitioner's reputation is 
mostly limited to those institutions, then she has not achieved national or international acclaim regardless of the expertise 
of her witnesses. 
extensive documentation showing that the petitioner's work has been unusually influential or highly 
acclaimed at the national or international level, we cannot conclude that it constitutes a contribution of major 
significance. Thus, the petitioner has not established that she meets this criterion. 
Evidence of the display of the alien's work in theJield at artistic exhibitions or showcases. 
The petitioner submitted playbills, photographs, and promotional material from numerous performances in 
which she participated as an ensemble member.6 This particular criterion, however, is more appropriate for 
visual artists (such as sculptors and painters) rather than for than for performing artists such as the petitioner. 
It is inherent to the occupation of dancer to perform on stage. In the performing arts, acclaim is generally not 
established by the mere act of appearing in public, but rather by attracting a substantial audience. For this 
reason, the regulations establish separate criteria, especially for those whose work is in the performing arts. 
The petitioner's dance performances are far more relevant the "leading or critical role" and the "commercial 
successes in the performing arts" criteria below. 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. 
In order to establish that she performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of her role within the entire organization or 
establishment and the reputation of the organization or establishment. 
We accept that Repertory Dance Theatre is an organization with a distinguished reputation. In response to the 
director's request for evidence, the petitioner submitted a letter of support from Linda Smith, Executive 
Artistic Director, Repertory Dance Theatre, who states: 
[The petitioner] has been a member of Repertory Dance Theatre since 2002. RDT is a company that 
requires their members to have a wide range of talent and to perform variety of modern dance styles 
and techniques. The company has very high artistic standards and employs dancers who have 
exemplary qualifications, outstanding training and academic education (BFA, MFA degree). The 
selection process for RDT dancers is very competitive. I require dancers to teach and choreograph as 
well as assist RDT in an allied area such as management, archiving, historic preservation or 
community education. 
It is my opinion that [the petitioner] is uniquely qualified to fulfill RDT's artistic requirements. She is 
an artist with extraordinary ability. [The petitioner] has been recognized for her scholarship and her 
commitment to dance performance, preservation and education. She is one of the most skilled and 
versatile performers our company has had the pleasure to employ. In addition to her stunning 
performances, she brings a wealth of expertise relating to dance technology and history. [The 
petitioner's] training and certification in Dance Notation and multi-media curriculum development 
-- 
The record reflects that many of these performances occurred in an academic setting rather than a professional setting. 
makes her uniquely qualified in the field of dance research, dance preservation, dance education and 
archiving. 
, 
In order to meet this criterion, the petitioner must adequately distinguish herself fiom the other dancers of the 
Reperto 
 Dance Theatre. Otherwise, he phrase "leading or critical role" is meaningless. The letter of support 
fro* does not provide sufficient detail as to how the petitioner's role was more important than that 
of the ot er cast members. The evidence reveals that the petitioner performs as part of an ensemble cast and that 
each. member contributes equally to the dance company's performances. There is no evidence showing, for 
example, that the petitioner's contract with Repertory Dance Theatre singles her out for additional compensation 
based on the importance of her role within the group. In this case, the evidence submitted by the petitioner is 
not adequate to establish that she performed in a leading or critical role for a distinguished organization, or 
that her involvement has earned her sustained national or international acclaim. Thus, 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. 
This criterion calls for commercial success in the form of "sales" or "receipts"; simply submitting playbills, 
photographs, digital video recordings, and promotional material indicating that the petitioner took part in 
various performances cannot meet the plain wording of the regulation. The record includes no evidence of 
documented "sales" or "receipts" showing that the petitioner's performances drew record crowds, were 
regular sell-out performances, or resulted in greater audiences than other similar performances that did not 
feature the petitioner. Thus, the petitioner has not established that she meets this criterion. 
In this case, we concur with the director's finding that the petitioner has failed to demonstrate she meets at 
least three of the criteria at 8 C.F.R. 5 204.5(h)(3). 
Review of the record does not establish that the petitioner has distinguished herself 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 is not persuasive that the petitioner's achievements set her 
significantly above almost all others in her 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. 3 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.