dismissed EB-1A Case: Music

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U.S. Department of IIorneland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PUBLlC COPY 
is 7, 
Office: TEXAS SERVICE CENTER Date: Nw 2 8 2007 
EAC 06 112 52160 
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. tj 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. 
5~obe1-t P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
9 204.5(h)(3). More specifically, counsel asserts that the evidence of record satisfies the regulatory criteria at 
8 C.F.R. $9 204.5(h)(3)(i), (iii), (v), and (viii). 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with extraordinary ability. -- An alien is described in ths subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics whch has been demonstrated by sustained national or international acclaim 
and whose achievements have been recognized in the field through extensive 
documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). As used in this 
section, the term "extraordinary ability" means a level of expertise indicating that the individual is one of that 
small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 3 204.5(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. 9 204.5(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 March 9, 2006, seeks to classify the petitioner as an alien with extraordinary ability as a 
"concert pianist." At the time of filing, the petitioner was employed as a piano teacher at the Brookline Music 
School in Brookline, Massachusetts. The petitioner earned a Master of Music degree in Piano Performance 
from the Boston Conservatory in May 2000. 
Page 3 
The regulation at 8 C.F.R. 9 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally recognized 
award). 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. A petitioner, however, cannot establish eligibility for this classification merely by 
submitting evidence that simply relates to at least three criteria at 8 C.F.R. 9 204.5(h)(3). In determining 
whether the petitioner meets a specific criterion, the evidence itself must be evaluated in terms of whether it is 
indicative of or consistent with sustained national or international acclaim. A lower evidentiary standard 
would not be consistent with the regulatory definition of "extraordinary ability" as "a level of expertise 
indicating that the individual is one of that small percentage who have risen to the very top of the field of 
endeavor." 8 C.F.R. $204.5(h)(2). 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 a July 26, 2006 letter from 
 President of the Boston Conservatory, 
stating that the petitioner was "the top prize winner" in the conservatory's "school-wide concerto competition 
in 2000 . . . enabling her to perform a maior work as a soloist with full orchestra." 
- 
The petitioner also submitted a December 9,2005 letter from 
 a member of the piano faculty of 
the Boston Conservatory, stating: 
[The petitioner] was a Master's student of mine at the Boston Conservatory from September 1998 
through May 2000. . . . She was an outstanding student, very bright, hardworking, and conscientious. 
[The petitioner] was the winner of our school's concerto competition, which earned her a 
performance with the Boston Conservatory Orchestra at Faneuil Hall in Boston. . . . [The petitioner] 
is undoubtedly one of the finest students I have ever had, with the potential to succeed as a pianist in 
America as well as in her native Japan. 
[Emphasis added.] 
s assertion that the petitioner has "the potential to succeed as a pianist" is not consistent with 
her establishing that she has sustained national or international acclaim at the very top of the field. The 
petitioner seeks a highly restrictive visa classification, intended for individuals already at the top of their 
respective fields, rather than for individuals progressing toward the top at some unspecified future time. See 
8 C.F.R. 3 204.5(h)(2). The petitioner's victory at the Boston Conservatory's student concerto competition 
reflects institutional recognition in an educational setting rather than national or international recognition for 
excellence in her field of endeavor. This award may place the petitioner among the top students at her 
educational institution, but if offers no meaningful comparison between her and those pianists who are 
already well established in the field. 
The petitioner also submitted a December 20, 2005 letter from oncert Associate, Dame 
Myra Hess Memorial Concerts, stating: 
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I am the concert organizer of the 
 oncert Series, a weekly chamber 
music series presented by the City of Chicago Department of Cultural Affairs and broadcast on 
WFMT-FM fine arts radio. The Hess series presents 52 concerts each year before a live audience of 
500 and a radio audience of many thousands. 
The mission of the series is to identify and present young performers who are establishing prominent 
careers as solo and chamber music performers. 
[The petitioner] applied to appear on the Hess series by submitting a curriculum vitae, program 
proposals, and recording samples of her playing. Upon seeing her educational and performance 
credentials, our artistic advisors had no hesitation in accepting her to the roster of Hess musicians. 
She was scheduled for a concert on August 1 1,2004. 
in Chicago . . . is considered a prestigious award by musicians." [Emphasis in original.] The plain language 
of this regulatory criterion, however, requires evidence of the petitioner's "receipt of lesser nationally or 
internationally recognized prizes or awards for excellence in the field of endeavor." Being invited to perform 
at this concert series is not a prize or award for excellence in the field of music, nor are any of petitioner's 
other performance engagements. Further, we note that the petitioner's selection to appear in this concert 
series was based on her submission of application materials to the concert organizer rather than an 
independent nomination process more consistent with sustained national or international acclaim. 
In light of the above, 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 classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet ths 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 qualifL 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national level from a local publication. Some newspapers, such as the New York Times, 
nominally serve a particular locality but would qualify as major media because of significant national distribution, 
unlike small local community papers.' 
The petitioner submitted articles about her from 2000 and 2002 in local newspapers such as the Melrose Free 
Press and the Gloucester Daily Times. The petitioner also submitted two newspaper articles from 2003 in the 
1 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For 
example, an article that appears in the Washington Post, but in a section that is distributed only in Fairfax 
County, Virginia, for instance, cannot serve to spread an individual's reputation outside of that county. 
Page 5 
Fukui Shi[m]bun, but the English language translations accompanying these articles were not certified as required 
by the regulation at 8 C.F.R. 9 103.2(b)(3). Further, there is no evidence (such as circulation statistics) showing 
that the preceding newspapers with the articles mentioning the petitioner qualify as professional or major trade 
publications or other major media. Nor is there evidence of any published material about the petitioner fiom 
2004 to the petition's filing date, which would indicate that her national or international acclaim has been 
sustained. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of the alien's original scient$c, scholarly, artistic, athletic, or business-related 
contributions of major signzficance in the field. 
The petitioner submitted several letters of support. 
In his December 22, 2005 letter,dentifies himself as the Music Director and Conductor of 
the Cape Ann Symphony Orchestra, the Melrose Symphony Orchestra, and the Quincy Symphony Orchestra, 
and as a faculty member at the Boston Conservatory. He describes the petitioner as being "in the fiont rank 
of pianists here in America." 
I have had the opportunity to work with [the petitioner] as the featured soloist with orchestras I 
conduct. 
 She performed Mozart's Piano Concerto K. 466 with the Cape Ann Symphony, 
Rachmaninoff s Piano Concerto No. 2 with the Melrose Symphony, and Beethoven's Piano Concerto 
No. 3 with the Quincy Symphony. 
A July 3 1, 2006 letter from ~xecutive Director, Brookline Music School, states: 
[The petitioner's] talents and achievements put her at the top rank and level of pianists. As a solo and 
chamber musician, she has produced and performed in numerous recitals throughout America and 
Japan. In addition, [the petitioner] frequently appears in Brookline Music School's faculty concert 
series. This outstanding series provides our young students with the rare opportunity to hear 
outstanding live performances by high caliber professional artists and [the petitioner's] performances 
are inspirational and motivating. 
An undated letter from , Professor of Musicology, Music Department, Kobe College, 
Hyogo, Japan, states: 
I have known [the petitioner] for 2 years since she was invited as a guest speaker at the Kobe College 
in November of 2003. I am teaching a course called "Outreach in Music" and she was recommended 
to me because of her active outreach concert appearances in the United States. [The petitioner] 
devotes herself to numerous outreach concerts where she offers classical piano music to audiences 
who do not normally have access to performances of classical music. 
A December 19, 2005 letter resident and Chief Executive Officer, Melrose Symphony 
Orchestra, Massachusetts, states: "[The petitioner] is an exceptional pianist with a special ability to 
Page 6 
communicate to people through music and words. 
 Her sound, feel, technique and skill are extremely 
advanced." 
In his July 27, 2006 letter,dentifies himself as "Head of the Morse Music & Media facility 
of Lamont Library at Harvard University" and a composer who has won local awards for his works. He 
states: 
On October 25, 2003 [the petitioner] premiered my Red Dragonfly Variations on a concert in 
Brookline, Massachusetts - a piece based on a Japanese folksong and written especially for her 
concert program. On November 8, 2003 she gave the Japan premier at Kazenomori Hall in Fukui. 
Both performances displayed finely polished piano technique and deeply expressive musical 
understanding. 
Regarding the concert performances in which she participated and her musical recordings (such as the music 
on her compact disc), we find that such evidence is far more relevant to the "commercial successes in the 
performing arts" criterion at 8 C.F.R. $204.5@)(3)(~). Because musical performance is inherent to the 
occupation of a pianist, not every performance is an original artistic contribution of major significance in the field 
indicative of national or international acclaim. 
[The petitioner's] playing is both disciplined and musically free, and she has grown from being an 
excellent student to being a distinguished professional. In short, she is fulfilling the promise of her 
talent at an entirely admirable level. 
[The petitioner's] achievements after graduation show great promise of a quick rise to the top of her 
profession. 
We cannot ignoreebservation that the petitioner's achievements "show eat promise of a 
quick rise to the top of her profession" and a July 20, 2006 letter fro stating that the 
petitioner "has a promising career in the United States." Neither of these statements indicates the petitioner is 
one of that small percentage who has already risen to the very top of the field of endeavor. See 8 C.F.R. 
3 204.5(h)(2). Assertions from various witnesses that the petitioner has a promising future do not establish 
eligibility for classification as an alien of extraordinary ability, for the statute and regulations clearly call for 
evidence that the petitioner has already earned sustained national or international acclaim for achievements in 
her field. See section 203(b)(l)(A)(i) of the Act; 8 U.S.C. 3 1 153(b)(l)(A)(i); 8 C.F.R. 3 204.5(h)(3). A 
petitioner cannot file a petition under this classification based on the expectation of future eligibility. See 
Matter ofKatigbak, 14 I&N Dec. 45,49 (Commr. 1971). 
In general, the opinions of experts in the field, while not without weight, cannot form the cornerstone of a 
successful extraordinary ability claim. CIS may, in its discretion, use as advisory opinions statements 
submitted as expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Cornrn. 1988). 
However, CIS is ultimately responsible for making the final determination regarding an alien's eligibility for 
the benefit sought. Id. The submission of letters from experts supporting the petition is not presumptive 
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evidence of eligibility; CIS may evaluate the content of those letters as to whether they support the alien's 
eligibility. See id. at 795-796. We acknowledge the petitioner's submission of letters discussing her talent as 
a pianist, activities in Japan and the United States, employment, and past musical training, but these letters 
fail to demonstrate that she has made original contributions of major significance in her field. The letters of 
support include no substantive discussion as to which of the petitioner's specific achievements rise to the 
level of original artistic contributions of major significance in music. Apart from the support letters, the 
petitioner submitted no other evidence to establish that she has made original artistic contributions of major 
significance to her field in a manner consistent with sustained national or international acclaim. For example, 
the record does not indicate the extent of the petitioner's influence on other musicians nationally or 
internationally, nor does it show that the field has somehow changed as a result of her work. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence that the alien has peformed 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. The petitioner, however, has submitted 
no evidence showing that the musical organizations for which she has worked have distinguished reputations 
or that she was responsible for their success or standing to a degree consistent with the meaning of "leading or 
critical role7' and indicative of sustained national or international acclaim. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box of$ce receipts or 
record, cassette, compact disk, or video sales. 
The petitioner submitted published material, letters of support, event programs, and promotional material for her 
concerts and recitals indicating that she has taken part in various musical performances. The petitioner also 
idence of a compilation of her songs on a compact disc entitled "Reflections." A July 20,2006 letter 
- "~aving. released a CD two vears ago which sold a tremendous number of co~ies. 
I and the American compose 
vide specific sales figures for the compact discx 
by the petitioner. Thts criterion calls for evidence of commercial successes in the form of "sales" or "receipts;" 
simply submitting evidence indicating that the petitioner participated in various concerts or made recordings of 
her music cannot meet the plain language of this criterion. The record includes no evidence of documented 
"sales" or "receipts" showing that the petitioner achieved commercial successes in the performing arts in a 
manner consistent with sustained national or international acclaim. For example, there is no indication that 
the petitioner's performances consistently drew record crowds, were regular sell-out performances, or resulted 
in greater audiences than other similar performances that did not feature the petitioner. Nor is there evidence 
showing, for example, that the petitioner's compact disc had a high national or international sales volume. 
In light of the above, the petitioner has not established that she meets this criterion. 
Page 8 
In this case, the petitioner has failed to demonstrate receipt of a major, internationally recognized award, or 
that she meets at least three of the criteria at 8 C.F.R. 9 204.5(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. 9 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.