dismissed EB-1A Case: Irish Dance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-R-T-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN.26,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140. IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an Irish dance teacher, seeks classification as an individual of extraordinary ability in 
the arts. See Immigration and Nationality Act (the Act) section 203(b )(I )(A), 8 U .S.C. 
§ 1153(b)(l)(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their extraordinary ability through sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the Form I-140. Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied two of the initial evidentiary criteria. of which 
she must meet at least three. 
On appeal, the Petitioner provides new evidence, as well as previously submitted documentation, 
and a brief stating that she meets at least three criteria. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to qualified immigrants with extraordinary 
ability 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 m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
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Matter of D-R- T-
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is, a major, 
internationally recognized award). If that petitioner does not submit this evidence, then he or she 
must provide documentation that meets at least three of the ten categories listed at 8 C.F.R. 
§ 204.5(h)(3)(i)- (x) (including items such as awards, published material in certain media, and 
scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USC IS, 596 F .3d 1115 (9th Cir. 201 0) 
(discussing a two-part review 
where the documentation is first counted and then, if fulfilling the 
required number of criteria , considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011) . This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true.'' Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 201 0). 
II. ANALYSIS 
The Petitioner is an Irish dance teacher employed at the 
Because the Petitioner has not indicated or established that she has received a major, internationally 
recognized award, she must satisfy at least three of the ten criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Director found that the Petitioner met the criteria for judging 
under 8 C.F.R. § 204.5(h)(3)(iv), and original contributions of major significance under 8 C.F.R. 
§ 204.5(h)(v). 
On appeal, the Petitioner contends that she meets five additional criteria: awards under 8 C.F.R. 
§ 204.5(h)(3)(i), memberships under 8 C.F.R. § 204.5(h)(3 )(ii), published material under 8 C.F.R. 
§ 204.5(h)(3)(iii), leading or critical roles under § 204.5(h)(3)(viii), and high salary under 8 C.F.R. 
§ 204.5(h)(3)(ix). We have reviewed all of the evidence in the record, and conclude it does not 
support a finding that the Petitioner satisfies the plain language requirements of at least three criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awardsfor excellence in the field (~lendeavor. 8 C.F.R. § 204.5(h)(3)(i). 
On appeal, the Petitioner contends that when an Irish dancer wins a world championship, the coach 
effectively has also won the championship. Although her students may have received awards, in 
order to meet the plain language of this regulatory criterion, the Petitioner must demonstrate her own 
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Maller of D-R-T-
receipt of nationally or internationally recognized prizes or awards for excellence in her field of 
endeavor. In this case, the Petitioner did not provide documentation to establish this criterion . 
Documentation of the alien's membership in associations in the .field for v.;hich class{fication is 
sought. which require outstanding achievements of their members. as judged by recognized 
national or international experts in their disciplines orfields ·. 8 C.F.R. § 204.5(h)(3)(ii). 
The Petitioner states that she meets this criterion based on her membership with the 
also known as As evidence of 
her membership, she provided a letter from office manager of confinning 
that the Petitioner has been a member since 1988, and has subsequently obtained adjudicator status. 
On appeal, the Petitioner contends that the criterion does not mandate that an association require 
outstanding achievements as a condition for membership. She asserts instead that an organization 
must require individuals, after becoming members, to perform outstanding achievements. Here. she 
indicates that, upon becoming a member of "the required outstanding achievement is your 
students winning Irish Dance 
Competitions or finishing close thereto.'' 
We do not find support for the Petitioner's interpretation of the regulatory provision. By its plain 
language, this criterion refers to associations whose membership is limited to those with outstanding 
achievements as judged by national or international experts. In addition, we note that the record 
does not support the Petitioner's assertion that "requires " its existing members to win or 
place at competitions. For the reasons discussed below, we find that the Petitioner's membership in 
does not satisfy this criterion. 
According to the submitted screenshots regarding the history, the commission developed an 
examination system for those wishing to become qualified teachers of Irish dancing. The Petitioner 
submitted a document from outlining the procedures for taking the teacher's examination. 
In the first section under qualifications for entry, it states that the ''examination is open to persons 
who are 20 years of age or over at the date of application and are acceptable to as 
candidates." In section two under competency and suitability, it states that "an applicant must 
submit with his or her application a recommendation by any registered teacher or adjudicator 
testifying that the certifier knows the applicant, is satisfied that he or she can perfonn the required 
dances for the practical dancing test to a reasonably good standard and knows of no reason why the 
applicant should not be suitable and acceptable as a registered teacher." This standard does not 
appear to represent a level consistent with outstanding achievements. The documentation indicates 
that in order to become a member, an applicant must pass a test but it does not indicate that it 
requires outstanding achievements from their members. 
Further, the test rules state that the examining authority will determine the results of the 
testing. According to the association's mission statement, membership of the examination authority 
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Matter of D-R-T-
includes the chairperson, eight examiners elected at the and three members of 
elected at the who are neither current or candidate examiners. The Petitioner, 
however, did not demonstrate that the members of the examining authority are nationally or 
internationally recognized, outside of being members themselves in For these reasons, the 
Petitioner does not meet this criterion. 
Published material about the alien in prqfessional or major trade publications or other major 
media, relating to the alien's work in the field for which class?fication is sought. Such evidence 
shall include the I itle. date. and author of the material, and any necessary translation. 8 C.F .R. 
§ 204.5(h)(3)(iii). 
The Petitioner contends it meets this criterion by the five articles and one radio show published in 
.and 
Upon review of the five articles, all of the articles are mainly about different Irish dancers that 
mention the Petitioner as their instructor, and the radio show focuses on the growing popularity of 
Irish dance in the United States rather than specifically discussing the Petitioner. For example, an 
article published in the is about a child who performs Irish dancing and the article 
mentions that she has become a stronger dancer since the arrival of the Petitioner to the 
school. Three other articles are about students from the school that attended the world 
championships and each mention that the Petitioner has helped with the success of these students. In 
addition, the article from the quotes the Petitioner regarding her 
observations about Irish dancing in the United States but it is not about the Petitioner and her work 
in the field. While the articles briefly describe the Petitioner's background and her important role as 
a teacher at the school, it is not published material about her but instead about the students 
and the school program. Articles that do not pertain to a petitioner do not meet this 
regulatory criterion. See. e.g.. Negro-Plumpe v. Okin. 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. 
Sept. 8, 2008) (upholding a finding that articles regarding a show are not about the actor). 
Further, some articles also appear to be marketing materials. For example, an employee of the 
Trinity school authored the material in the which provides information about the 
history ofthe school and how to attend a free class. Thus, this evidence is not reflective of published 
material about the Petitioner and her work. 
Moreover, the Petitioner did not demonstrate that the articles were published in professional or 
major trade publications or other major media. On appeal, the Petitioner states that "normally. a 
professional or major trade publication would not be considered major media while a newspaper 
would always be considered major media. Newspapers publish in print and online. Dwindling 
circulation does not affect their status as major media, it just means people are unwilling to pay for 
1 
The abbreviation 
definition in this case. 
is often known as an but the documentation does not provide the 
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Mauer of D-R-T-
the printed version. " We do not find support for the Petitioner 's interpretation that it is the category 
of media (newspapers), rather than the publication itself, which must have "major" status. Here, the 
Petitioner did not submit independent, objective evidence establishing that the articles were 
published in newspapers that constitute major media such as circulation numbers and comparable 
evidence to other major publications in the U.S. For these reasons , the Petitioner did not show that 
she meets this criterion. 
Evidence of the alien 's participation. either individually or on a panel, as a judge of the work<~( 
others in the same or an allied.field of.~pec(fication for which classification is sought. 8 C.F.R. 
§ 204.5(h)(3)(iv) . 
The Director found that the Petitioner participated as a judge of the work of others . The record 
shows that the Petitioner served as an adjudicator at events for 
Accordingly, we agree with the Director's determination, and the Petitioner demonstrated that she 
meets this criterion. 
Evidence of the alien's original scientific. scholarly. artistic. athletic. or husiness-rela!ed 
contributions (~(major sign[ficance in the.field. 8 C.F.R. § 204.5(h)(3)(v). 
The Director found that the Petitioner established that she made artistic contributions of major 
significance in the field without specifying the basis for that determination. Upon review of the 
documentation, we disagree with the Director and will withdraw this portion of the decision . 
The Petitioner stated that she meets this criterion because she has spent 41 years involved in Irish 
dancing from "my own competitive dancing days to teaching my own school successfully, passing 
my adjudicators exam, conducting workshops and choreographing material for other schools of 
dance, instructing dance camps , choreographing routines to showcase abroad in festivals , taking 
young teachers and training tem at my own studio to successfully pass their exams , along 
with my full-time job oftraining dancers." 
As evidence under this criterion , the record contains letters of recommendation that explain the 
Petitioner ' s work.2 Several of the letters are from dance schools where the Petitioner has worked, 
indicating that upon her arrival, students excelled in the program . For example , a letter from 
teacher of the stated that the 
Petitioner is the principal instructor for the dance camps ," where she trained beginner students and 
advanced dancers. She also stated that "with the help from [the Petitioner] I now have many pupils 
who have won major titles including 
and Also, a letter from principal and founding 
teacher of the stated that the Petitioner joined the school in 2004 
as a choreographer and teacher and "within six months, our dancers had begun to challenge for not 
only regional, but national honours ; we had two dancers in the two three of the 
2 
While we discuss only a sampling of these letters, we have reviewed and considered each letter present in the record. 
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Matter of D-R-T-
and the number of children who qualified throughout regional competition for the 
had quadrupled, from one to four." Although the letters claim that the 
Petitioner's coaching helped students achieve higher results in competitions, the letters do not 
provide specific information or evidence as to whether she was the head coach and how often she 
coached the students that won competitions. The record does not adequately document the attested 
increase in success by the noted schools, nor does it sufficiently demonstrate whether such increase 
can be attributed to the Petitioner. 
Upon review of the letters , they generally praise the Petitioner's choreography and teaching skills. 
For example, a letter from from the 
stated that the Petitioner "had been called upon by schools of dancing, to choreograph and train 
some of their dancers,'' and also indicated that "these schools have had great success under her 
tutelage and their dancing teachers had a great 
mentor in [the Petitioner]." In addition , 
from the explained that the Petitioner has been a 
workshop teacher for the past two years and "in that short amount of time, my dancers have achieved 
tremendous success under her tutelage." . president of the 
noted the Petitioner's "[ c ]horeography is unique and original and second to none," and that her 
"choreography is at the top of the competitive world of Irish dance." Further, a letter from 
principal teacher of the stated that ''over the past 
15 years, [the Petitioner] has worked with many students in the school and many of them have gone 
on to sit their and successfully become qualified teachers." Although all the authors 
indicate that the Petitioner is a choreographer and instructor , they did not identify or explain a 
contribution she made of major significance. 
Teaching individual students that excel in championships is not in-and-of-itself a contribution of 
major significance, unless a petitioner shows that she has used her skills to impact or influence the 
field; in this case, the Petitioner has not made such a showing. Further, the letters do not explain 
how a petitioner's contributions have influenced the field are insufficient to establish original 
contributions of major significance in the field. Kazarian, 580 F.3d at I 036, aff"d in part, 596 F.3d 
at 1115, 1122. The letters considered above primarily contain attestations of the Petitioner's status 
in the field without providing specific examples of contributions she has made that rise to a level 
consistent with major significance in the field. U.S. Citizenship and Immigration Services need not 
accept primarily conclusory statements. 1756. Inc. v. The U.S. Att'y Gen., 745 F. Supp. 9, 15 (D.C. 
Dist. 1990). Without supporting evidence, the Petitioner has not met her burden of showing that she 
has made original contributions of major significance in the field. 
Evidence that the alien has performed in a leading or critical role fi.Jr organizations or 
establishments that have a distinguished reputation. 8 C.F.R. § 204.5(h)(3 )(viii). 
On appeal, the Petitioner contends that she has performed in a leading or critical role for as an 
Irish Dance master. Upon review, we find the record sufficiently demonstrates that the Petitioner 
has played a critical role for As discussed above, the record includes newspaper articles 
about the success of individual students. While the articles are not about the Petitioner, they 
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Matter of D-R-T-
reference her as the school's head coach and choreographer. Jn addition, the record includes a letter 
from the founder and artistic director of a resolution adopted by the city 
counsel for the city of , an executive office proclamation from the city of and 
letters from elected state officials. All of these documents discuss the reputation and 
success of and note the work of the Petitioner as an important coach and choreographer that 
has influenced the success of the school. 
For the reasons discussed above , the Petitioner met this criterion . 
Evidence that the alien has commanded a high salary or other sign!ficantly high remuneration 
for services, in relation to others in the_field. 8 C.F.R . § 204.5(h)(3 )(ix) . 
The record includes a letter from listing the Petitioner's compensation as $75,000 per year
, 
including earnings from teaching workshops at other schools. On appeal, the Petitioner contends 
that her ability to generate fees through workshops to pay a portion of her compensation is evidence 
that she commands a higher remuneration for services than an Irish dance teacher who does not 
perform workshops. The Petitioner also submitted a statement indicating that there are "very few" 
workshop dance teachers and "to the best of my knowledge and belief' listed 48 workshop teachers . 
Although the Petitioner contends a small percentage of Irish dance teachers receive remuneration 
from teaching workshops, the record does not provide corroborating evidence for this assertion. In 
addition, the Petitioner did not provide documentation to compare her salary from other Irish dance 
instructors. Thus, the record does not establish whether her salary is high relative to others 
performing similar work. See Maller of Price, 20 I&N Dec. 953, 954 (Assoc. Comm 'r 1994) 
(considering a professional golfer's earnings versus other PGA Tour golfers); see also Grimson v. 
INS, 934 F. Supp. 965, 968 (N.D. TIL 1996) (considering NHL enforcer's salary versus other NHL 
enforcers); Muni v. INS, 891 F. Supp. 440, 444-45 (N. D. 111. 1995) (comparing salary of NHL 
defensive player to salary of other NHL defensemen). 
Again, the plain language ofthe regulation at 8 C.F.R. § 204.5(h)(3)(ix) requires "[e]vidence that the 
alien has commanded a high salary or other significantly high remuneration for services , in relation 
to others in the field." The petitioner's submission of documentary evidence reflecting her earnings 
is insufficient to meet the plain language of the regulation without documentary evidence comparing 
her salary to high salaries in the field, so as to establish that the petitioner has commanded a high 
salary 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
documents that meet at least three of the ten criteria. As a result, we need not provide the type of 
final merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless , we advise 
that we have reviewed the record in the aggregate, concluding that it does not support a finding that 
the Petitioner has established the level of expertise required for the classification sought. For the 
Matter of D-R-T-
foregoing reasons, the Petitioner has not shown that she qualifies for classification as an individual 
of extraordinary ability. 
ORDER: The appeal is dismissed. 
Cite as Matter ofD-R-T-, ID# 791676 (AAO Jan. 26, 2018) 
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