dismissed EB-1A Case: Filipino Folk Dance

invasion dparosal privacy 
U.S. Department of fIome1and Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. 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 
%obert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) 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. $ 1 1 53(b)(l)(A). 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 submits a brief and evidence, most of which was already part of the record. For the 
reasons discussed below, the petitioner has not overcome the director's valid concerns. 
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 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, 60898-9 (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. $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. It 
should be reiterated, however, that the petitioner must show that she has sustained national or 
international acclaim at the very top level. 
This petition seeks to classify the petitioner as an alien with extraordinary ability in the field of Filipino 
folk dance. It does not appear that the petitioner has performed since 1999. Rather, she is the founder 
of a Filipino folk dance troupe in the Philippines and expresses her interest in continuing to "share and 
pass on our talent and knowledge in the field of culture and arts." Her future plans are so vague that it 
is difficult to determine what field of endeavor the petitioner intends to pursue in the United States. As 
the petitioner must seek to enter the United States to continue working in her field of expertise, it is 
highly relevant exactly what she intends to do in the United States if we are to evaluate whether she has 
demonstrated extraordinary ability in that field. We note that the petitioner indicated on the petition 
that she was seeking nonirnrnigrant student status in the United States. The petitioner asserts that she 
intends to study theater management. In addition to the difficulty of determining in what field the 
petitioner must demonstrate extraordinary ability, her initial statements are too vague to constitute the 
detailed plans on how she plans to continue her work in the United States required under 8 C.F.R. 
5 204.5(h)(5). 
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). On appeal, counsel asserts that the director erred in concluding that the petitioner 
did not have a one-time achievement although the petitioner has never previously claimed such an 
achievement. 
Congress' example of a one-time achievement is a Nobel Prize. H.R. Rep. No. 10 1-723, 59 (Sept. 19, 
1990). The regulation is consistent with this legislative history, stating that a one-time achievement 
must be a major, internationally recognized award. 8 C.F.R. 5 204.5(h)(3). Significantly, even a lesser 
internationally recognized award could only serve to meet one of the ten regulatory criteria, of which an 
alien must meet at least three. 8 C.F.R. 204.5(h)(3)(i). The selection of Nobel Laureates, the 
example provided by Congress, is reported in the top media internationally regardless of the nationality 
of the awardees and the prize itself is global, is a familiar name to the public at large and includes a 
large cash prize. While an internationally recognized award could conceivably constitute a one-time 
achievement without meeting all of those elements, it is clear from the example provided by Congress 
that the award must be internationally recognized in the alien's field as one of the top awards in that 
field. 
We will not narrow the petitioner's field to Filipino folk dance for purposes of considering whether the 
petitioner has a major internationally recognized award. Rather, in order to demonstrate a one-time 
achievement, the petitioner must demonstrate that she has won an award open to members of the field 
worldwide and recognized internationally at least in the field of dance. As will be discussed in detail 
below, the petitioner's "awards" are all either regional certificates of merit, institutional expressions of 
appreciation, a scholarship or government grants issued to the dance troupe founded by the petitioner. 
For the reasons discussed below, they cannot even be considered lesser nationally or internationally 
recognized awards. Thus, they clearly cannot serve as evidence of a one-time achievement. 
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 
criteria. ' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The director concluded that the petitioner's "awards" consisted of certificates of appreciation for 
participation rather than as recognition for excellence in the field, honors conferred by local or regional 
organizations and a scholarship to attend a class on funding the arts. 
On appeal, counsel asserts that the definition of "prize" in Black's Law Dictionary encompasses 
certificates of appreciation and that even individuals of extraordinary ability continue to sharpen their 
skills such that scholarships should be considered under this criterion. 
Counsel is not persuasive. The regulation at 8 C.F.R. 5 204.5(h)(3)(i) does not merely require evidence 
of prizes or awards, but prizes or awards for excellence in the field ofendeavor. The phrase "prizes or 
awards for excellence" is not open to wide interpretation. Rather, a prize or award for excellence is 
principally designed to recognize past achievement and is not generally contingent on future 
employment or educatiodtraining commitments. 
The petitioner submitted the following educational and training certificates: 
I. A certificate of participation in a course on hnding the arts from the Institute for Cultural 
and Arts Management (ICAM) in the Philippines and a letter from ICAM advising that 
the petitioner had been accepted as a "scholar" in the program entitling her to free airfare 
and tuition. 
2. A certificate of participation in a national tourism forum from the Department of Tourism 
and the Department of the Interior and Local Government in the Philippines, and 
3. A certificate of attendance at the 5" Southern Tagalog Regional Tourism Assembly from 
the Development Academy of the Philippines. 
We note that the regulation at 8 C.F.R. 5 204.5(k)(3)(ii)(A) relating to aliens of exceptional ability, a 
lesser classification than the one sought in this matter, allows for the submission of certificates from an 
institution of learning. Such certificates, while they may be indicative of a degree of expertise 
significantly above that ordinarily encountered in the field (the standard for aliens of exceptional 
ability), do not rise to the level of establishing extraordinary ability, defined as sustained national or 
1 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
international acclaim. We concur with the director that evidence of participation in coursework cannot 
be considered a prize or award for excellence. Finally, the record contains no evidence that ICAM 
selected the petitioner as a "scholar" for a funding the arts course based on her excellence as a dance 
expert, her claimed field of expertise. Thus, while we concur with the director that a scholarship is not 
a qualifying prize or award indicative of sustained national or international acclaim, we further note that 
there is no evidence that the petitioner's scholarship was issued in recognition of her excellence in the 
field of dance. 
The petitioner also submitted the following "certificates" of recognition (two appear on company 
letterhead rather than formal certificate stationary): 
1. A certificate of recognition and appreciation for sharing her time, skills and efforts with 
the Filipino-American youth in the Chicago area from the President of Red Carpet 
Productions, 
2. A certificate of recognition for promoting Filipino culture from the Filipino-American 
youth group in the Chicago area, Sarnahang Kapatid, 
3. A certificate of recognition for promoting Filipino culture from the Filipino American 
Council of Greater Chicago, 
4. A certificate of appreciation for support of overseas field work in the Filipino province of 
Laguna fiom the Institute of Development Management and Governance (IDMG) 
College of Public Affairs, University of the Philippines, and 
5. A certificate of appreciation for "sharing his [sic] valuable time and expertise as a prime 
mover in developing cause-oriented program and projects promoting the tourism industry 
such as The Bankero River Festival" fiom the Philippine Women's University System, 
The first three certificates were issued by local Chicago entities and cannot be considered nationally or 
internationally recognized. Moreover, they express recognition and appreciation for providing cultural 
enrichment programs for young children rather than recognition for excellence in the field of dance. 
The petitioner has not established that her support for fieldwork in Laguna was related to her field of 
dance. Thus, she has not established that the certificate of appreciation from IDMG represents a prize or 
award for excellence in her field. Moreover, recognition for time or money charitable donations is not 
an award or prize for excellence in a field of endeavor. Finally, promoting tourism is not within the 
petitioner's field of dance. Thus, the appreciation expressed by the Philippine Women's University 
System cannot serve to meet this criterion. 
The petitioner also received "Laguna's Best" from the Laguna Association of the Midwest, Tnc. in the 
category of outstanding contributions in the Philippine Cultural Arts. Those eligible to receive this 
recognition must be a native of Laguna and a U.S. citizen or legal resident anywhere in the United 
Page 6 
States. We are not persuaded that an award or prize limited to natives of a foreign province residing 
within the United states and issued by an extremely local entity can be considered nationally or 
internationall zed either in the United States or the Philippines. On appeal, counsel references 
a letter from , President of the Laguna Association of the Midwest, Inc., who asserts that the 
Laguna's Best award "is given to show extraordinary and international prominence of sons and 
daughters of [the] Laguna province." This statement may reflect the intent of the association, but does 
not change the fact that the award is limited to natives of a foreign province residing in the United 
States. The record contains no evidence that those selected for this-honor are reported in national 
media or other evidence that non-Laguna dancers outside of Chicago recognize this prize or award as 
significant. 
In light of the above, we concur with the director that the petitioner has not established that she meets 
this criterion. 
Documentation of the alien's membership in associations in the Jield 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 that the Bayanihan dance troupe, with which the petitioner performed until 
1999, was not an "association" as contemplated in the regulation at 8 C.F.R. fj 204.5(h)(3)(ii) and that 
the petitioner had not established that the International Dance Council (CID) or the Philippine Folk 
Dance Society require outstanding achievements. The director also noted that the petitioner's CID 
membership postdates the filing of the petition. 
On appeal, counsel asserts that the regulation at 8 C.F.R. 8 204.5(h)(3)(ii) does not limit memberships 
to "professional" associations and, thus, that employment with a prominent dance troupe should serve 
to meet this criterion. Counsel further asserts that it is not "an issue" that the membership in CID 
postdates the petition because it simply "corroborates" the evidence of her "membership" in Bayanihan. 
Counsel does not address the director's concerns that the record does not establish that either CID or 
the Philippine Folk Dance Society require outstanding achievement other than to reiterate the claim that 
the petitioner meets this criterion through her "membership" in Bayanihan. 
Counsel is not persuasive. In the context of the full regulation at 8 C.F.R. § 204.5(h)(3)(ii), which 
requires evidence of "membership in associations" we concur with the director's interpretation of 
"associations" as excluding performing arts troupes. It is inherent to performing arts to perform within 
a group just as many athletes perform on a team. The supplementary information at 56 Fed. Reg. 
60899 (Nov. 29, 1991) 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 small 
percentage of individuals who have risen to the very top of their field of endeavor." 
We are not persuaded that performing with a distinguished dance troupe is any more persuasive than 
playing on a major league team, which, for the reasons stated in the commentary, is not presumptive 
evidence of eligibility. 
Moreover, according to the regulation at 8 C.F.R. 5 204.5(h)(3)(ii), the association must require 
outstanding achievements. We acknowledge that the Internet materials and application form submitted 
reveal that applicants must audition to join Bayanihan. Once a dancer joins the troupe, however, the 
petitioner asserts that the dancer must attend "continuous training until become [sic] ready to perform 
with the troupe in its local and regular events then national tours and eventually international tour 
participating in different culture and arts events." Thus, it appears that joining Bayanihan initially does 
not require outstanding achievements, but includes dancers who are still training to reach a national or 
international performance level. We acknowledge that the petitioner herself danced with the group at 
international events. At issue, however, are the minimum requirements for "membership" in the 
troupe. The petitioner's role within the group is far more relevant to the regulatory criterion at 8 C.F.R. 
tj 204.5(h)(3)(viii) and will be discussed below in that context. 
The record establishes that the CID admitted the petitioner to membership on March 3,2006. Contrary 
to counsel's assertion on appeal, the fact that the petitioner was not a member of CID until after the 
petition was filed is relevant. See 8 C.F.R. $9 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. 45, 
49 (Regl. Cornrnr. 1971). Moreover, a petition cannot be approved at a future date after the petitioner 
becomes eligible under a new set of facts. Matter of Izummi, 22 I&N Dec. 169, 175 (Commr. 1998). 
That decision further provides, citing Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981), that we 
cannot "consider facts that come into being only subsequent to the filing of a petition." Id. at 176. 
Regardless, the director also concluded that CID did not require outstanding achievements of its 
members. The petitioner submitted materials about CID that appear to have been sent to her from an 
unknown source via electronic-mail. While these materials reflect that CID members "are the most 
prominent federations, associations, schools, companies and individuals in more than 120 countries," 
the materials later state that it is "open to membership, accepting organizations, institutions or 
persons with sufficient credentials in dance." These materials cannot establish that CID requires 
outstanding achievements of its members. 
The petitioner is also a Lifetime Member of the Philippine Folk Dance Society. The petitioner 
submitted a self-serving statement asserting that Lifetime Members must meet one of the following 
criteria: 
1. Excellent achievement in Philippine Folk Dance as a dancer, choreographer and director, 
2. Outstanding contribution / work authored or directed by the member or applicant, or 
3. Received national and international recognition 1 award as to excellence of hislher works. 
Going on record without supporting documentary evidence is not sufficient for purposes of meeting the 
burden of proof in these proceedings. Matter of Soffici, 22 I&N Dec. 158, 165 (Cornrnr. 1998) (citing 
Matter of Treasure Craft of California, 14 I&N Dec. 190 (Regl. Cornmr. 1972)). Without evidence 
from the society itself confirming its membership requirements, we cannot conclude that the 
petitioner's Lifetime Membership serves to meet this criterion. Moreover, even if we accepted the 
petitioner's self-serving statement, without additional explanation of what an "excellent achievement" 
is or at what level a Lifetime Member must have authored or directed a work, we cannot conclude that 
the society requires outstanding achievements for a Lifetime Membership. 
In light of the above, we concur with the director that the petitioner has not established that she 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 classzfication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner submitted newspaper articles promoting or reviewing performances by Bayanihan and 
Lahing Kayumanggi in local U.S. publications such as go!, The Filipino American Community Builder 
and the Milwaukee Journal sentinel;' Taiwanese newspapers The United Daily News and The Liberty 
Times and Filipino publications such as the Manila Bulletin. The petitioner also submitted a translation 
of an article that apparently appeared in the China Times but the original foreign language document is 
not in the file. While the petitioner appears in some of the photographs accompanying the articles 
promoting or reviewing performances of Bayanihan, the petitioner is not mentioned by name in any of 
those articles. Counsel's assertion on appeal that the petitioner need not be mentioned by name in the 
published material because the record establishes that she performed with Bayanihan is not persuasive. 
The plain language of the regulation at 8 C.F.R. $204.5(h)(3)(iii) requires that the published material 
be "about" the petitioner. We are not persuaded that articles that are clearly about the dance troupe as a 
whole and do not mention the petitioner by name or only in passing can be credibly considered "about" 
the petitioner herself. The petitioner is mentioned by name and sometimes quoted in the articles 
promoting or reviewing performances by Lahing Kayumanggi, but, even so, none of these articles can 
be said to be "about" the petitioner. 
The petitioner also submitted a self-serving newsletter from Lahing Kayumanggi announcing that 
Radio Philippines Networks (RPN) had featured the group on a televised episode of "Tropang Pinoy" 
as part of National Arts Month. On appeal, counsel asserts that the show was broadcast nationwide. 
The unsupported assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533, 534 n.2 (BIA 1988); Matter of Laureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter of Ramirez- 
Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). The record contains no evidence that the documentary 
* While the petitioner submitted evidence that the Milwaukee Journal Sentinel is "Wisconsin's largest and 
most influential newspaper" and that it covers world events, the petitioner did not submit evidence that the 
newspaper has a national circulation or any significant circulation beyond Wisconsin. 
was broadcast nationwide. While the petitioner submits a translated transcript of an interview with the 
petitioner and her husband that was included in the episode of "Tropang Pinoy" featuring Lahing 
Kayumanggi and a video compact disc of the episode, a review of this evidence does not establish that 
the episode was broadcast nationwide. 
In summary, none of the print media coverage of Bayanihan or Lahing Kayumanggi is "about" the 
petitioner. The petitioner has not established that the single interview of the petitioner was broadcast 
nationally. This single interview is simply not indicative of or consistent with sustained national or 
international acclaim and cannot serve to meet this criterion. 
Evidence of the alien's original scient@c, scholarly, artistic, athletic, or business-related 
contributions of major signiJicance in the field. 
The petitioner claimed to meet this criterion through the establishment of the Lahing Kayumanggi Folk 
Arts Association, which includes a dance ensemble that performs locally and internationally (mostly at 
small ethnic festivals) with traditional costumes and music; a history, culture and arts library (a solitary 
bookshelf with a couch and table according to the photograph submitted); a center for the arts that 
provides workshops and training and a three-year youth development program funded by the Philippine 
government. The petitioner submitted a self-serving profile of Lahing Kayumanggi, evidence of the 
group's organization and membership in CID, photographs of dances allegedly "conceptualized andlor 
choreographed" by the petitioner, evidence that Lahing Kayumanggi students have demonstrated dance 
and other accomplishments and evidence of grants from the Philippine National Commission for 
Culture and the Arts (NCCA). 
The director concluded that the only evidence of original contributions was the petitioner's research 
into unpublished folk dances and that the record lacked evidence that the petitioner was recognized for 
this work. 
On appeal, counsel asserts that the petitioner submitted sufficient evidence corroborating the 
significance of her research into unpublished folk dances. The petitioner submitted what are purported 
to be her notes describing the choreography of these dances. 
According to the regulation at 8 C.F.R. 5 204.5(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. To be considered an artistic contribution of major 
significance, it can be expected that the research would be demonstrably influential beyond the 
petitioner's own troupe. 
The record lacks evidence that other Philippine folk dance troupes or cultural researchers frequently 
use the petitioner's small library. The record also lacks evidence that the petitioner's notes on 
unpublished folk dances have influenced other folk dance groups in the Philippines such that these 
dances are now frequently performed. 
Page 10 
The NCCA grants are also not persuasive. Government grants demonstrate that the government 
finds the proposed project worthwhile, not that the end results of the project constitute a contribution 
of major significance. 
For the reasons discussed above, we concur with the director that the petitioner has not established 
that she meets this criterion. 
Evidence of the display of the alien S work in thejeld at artistic exhibitions or showcases. 
The director concluded that the petitioner has established that she meets this criterion. The director's 
conclusion that the dance troupe founded by the petitioner has performed at festivals that showcase 
their art is supported by the record. Evidence submitted on appeal, however, casts some doubt on the 
significance of these festivals. Specifically, the episode of "Tropang Pinoy" that features Lahing 
Kayumanggi briefly shows the performance at Kimex 2000, which appears from the footage to be 
sparsely attended. Regardless, the petitioner must demonstrate that these festivals were showcases of 
her art. We acknowledge the petitioner's claim to have choreographed and "conceptualized" the dances 
performed by Lahing Kayumanggi dancers. Going on record without supporting documentary 
evidence, however, is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Soffici, 22 I&N Dec. at 165 (citing Matter of Treasure Craft of California, 14 I&N Dec. at 
190). The programs for Lahing Kayumanggi performances do not support the petitioner's claim. The 
petitioner is listed as the President and Artistic Director of Lahing Kayumanggi. Other individuals are 
listed as the dance directors and choreographers. The petitioner is also not listed as a performer. Thus, 
even if we were to conclude that the festival performances constitute displays at artistic exhibitions or 
showcases, they did not showcase the petitioner's art. Therefore, we must withdraw the director's 
conclusion that the petitioner meets this criterion. 
Evidence that the alien hm performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The director acknowledged the distinguished reputation of the Bayanihan Philippine Dance Company, 
the director concluded that the petitioner was an ensemble dancer and, thus, did not play a leading or 
critical role for the troupe. While the director accepted that the petitioner, as the founder of Lahing 
Kayumanggi, played a leading role for that group, the director questioned whether this group had a 
national distinguished reputation. 
On appeal, counsel asserts that as a dancer in Salidsid, where she danced with 12 clay pots on her head, 
the petitioner played a leading or critical role for Bayanihan. The petitioner submits a letter from Dr. 
~xecutive Director for Bayanihan, asserting that the petitioner (I) was selected 
to lead the group as part of the executive committee in charge of 21 the coordination and delegation of 
responsibilities to its members, (2) was head of the group's research team and (3) was "one of the 
senior performing artists." , the former Technical Director and Lighting Designer 
for Bayanihan, asserts that the petitioner performed leading roles with Bayanihan as an artist and in 
management. ~rconfirms that the petitioner was the only dancer able to dance with 12 clay 
pots balanced on her head. 
The petitioner did not submit an organizational chart for Bayanihan. We note that the petitioner is not 
singled out for a specific role in the programs for Bayanihan performances and is not even mentioned 
by name in reviews of their performances. In the programs, she is simply listed as one of the ensemble. 
One of the reviews of Bayanihan submitted references "maidens balancing a tier of wooden pots on 
their heads." Thus, it would appear that the petitioner was not the only dancer to dance with pots on 
her head, although this review does not exclude the petitioner's ability to balance more pots than the 
other dancers. Regardless, the petitioner left Bayanihan in 1999. Thus, her performances with that 
troupe cannot be considered evidence of sustained acclaim six years later in 2005 when she filed the 
petition without evidence that any acclaim she may have enjoyed in 1999 continued through the date of 
filing. 
We concur with the director that the petitioner plays a leading or critical role for Lahing Kayumanggi. 
The record establishes that Lahing Kayumanggi has performed at festivals in the Philippines and other 
countries, including the United States and Taiwan. Many of these performances, however, appear to be 
at minor venues such as high schools, colleges and a U.S. Postal Service Processing and Distribution 
Center. We acknowledge that Lahing Kayumanggi is reported to have performed at the Daley Center in 
Chicago and is listed as one of the "best Filipino Folk Dance and Music" groups to perform at the Sari- 
saring Sayaw Sama-samang Galaw Festival at the Cultural Center of the Philippines. While a local 
Chicago Filipino newspaper, the Filipino-American Community Builder, asserts that Lahing 
Kayurnanggi performed at the Daley Center and was featured in the Chicago Sun Times, the petitioner 
did not submit confirmation from the Daley Center and the photograph appearing on page 38 of the 
Chicago Sun Times does not appear to be accompanied by a news story. Regardless, the record is 
absent evidence of the context of that performance. For example, the petitioner has not established 
whether Lahing Kayumanggi performed at the Daley Center as the main act or with several other 
groups. The petitioner has also not established whether Lahing Kayumanggi performed in the main 
hall at the Daley Center. 
We acknowledge that the Cultural Center of the Philippines promoted the festival featuring Lahing 
Kayumanggi as one of 15 of the "best Filipino Dance and Music" groups. This claim, however, is 
promotional and not supported by other evidence of record. We note that three of the other 15 groups 
listed on the promotional materials are high school groups. 
While Lahing Kayumanggi has performed in a few notable venues, we are not persuaded that its overall 
performance record demonstrates its nationally distinguished reputation. Rather, its performances 
appear commensurate with a moderately successful dance troupe that promotes a local culture through 
dance shows in the Philippines and mostly ethnic festivals abroad. 
In light of the above, we uphold the director's conclusion that the evidence falls short of meeting this 
criterion. 
Evidence that the alien has commanded a high salary or other signlJicantly high remuneration for 
services, in relation to others in the field. 
The petitioner did not previously claim to meet this criterion. Rather, the petitioner submitted evidence 
of NCCA grants issued to Lahing Kayumanggi and the group's financial statements, which do not 
reflect the petitioner's personal remuneration. Thus, the director concluded that the petitioner had not 
submitted evidence relating to this criterion. 
On appeal, counsel asserts that the director should have considered the grants issued to Lahing 
Kayurnanggi and the income of the group. Counsel also asserts that the petitioner is submitting tax 
returns demonstrating that "she and her husband reported a gross income of P 1,545,340 in 2002." The 
tax returns submitted, however, are those of Lahing Kayumanggi and do not include any information 
about the petitioner's personal remuneration from this group. Moreover, the figure of 1,545,340 pesos 
constitutes the group's gross income. The group also reported expenses of 1,591,896.96, resulting in a 
net loss. Similarly, in 2003, the group also reported a net loss. 
The plain language of the regulatory criterion at 8 C.F.R. 5 204.5(h)(3)(ix) requires evidence that "the 
alien" commanded a high salary or other remuneration for services in relation to others in the field. 
Thus, according to this plain language, the petitioner must demonstrate the remuneration she herself 
received and provide evidence that allows us to compare this remuneration with others in the field. The 
petitioner did not provide any of this required initial evidence. Thus, she 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. 
As stated above, the petitioner has submitted the financial statements of Lahing Kayurnanggi for 2002 
and 2003. These statements show ticket sales of 33,600 pesos in 2002 and of 430,460 pesos in 2003. 
The director concluded that 430,460 pesos are the equivalent of $8,189.88 and that the record lacked 
evidence that this amount was indicative of commercial success even within the limited subfield of folk 
dance. On appeal, counsel does not challenge the director's statement that the ticket sales in 2003 
amounted to only $8,189.88. Rather, counsel asserts that this figure is consistent with commercial 
success in a country where the minimum wage is 167 pesos and 34 percent of the population lives 
below the poverty line. 
The unsupported assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533, 534 n.2 (BIA 1988); Matter oflaureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter of Ramirez- 
Sanchez, 17 I&N Dec. 503,506 (BIA 1980). Without evidence of the range of ticket sales for the most 
prestigious dance companies in the Philippines, we cannot conclude that Lahing Kayumanggi's ticket 
sales are consistent with commercial success. We note that the group received far more money in 
grants and professional fees and still reported a net loss in both 2002 and 2003. It can be presumed that 
a dance company enjoying commercial success would not be reporting a net loss. 
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 
dance promoter 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 past talent as a dancer, 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. fj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed.