dismissed EB-1A Case: Music

U.S. Citizenship 
and Immigration 
Services 
In Re: 24993035 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 13, 2023 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a pianist, seeks classification as an individual of extraordinary ability . See Immigration 
and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § l 153(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 Texas Service Center denied the petition, concluding that the record did not 
establish the Petitioner met the initial evidence requirements for the classification by establishing her 
receipt of a major, internationally recognized award or by meeting three of the ten evidentiary criteria 
at 8 C.F.R. § 204.5(h)(3). The matter is now before us on appeal. 8 C.F.R . § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter afChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter a/Christa's , Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes immigrant visas available to individuals with 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; who seek to enter the United States to continue work in the area of 
extraordinary ability; and whose entry into the United States will substantially benefit prospectively 
the United States. 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 a multi-part analysis. First, a petitioner 
can demonstrate international recognition of his or her achievements in the field through 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 sufficient qualifying documentation that meets at least three of 
the ten criteria 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 the initial evidence requirements through either a one-time achievement or 
meeting three lesser criteria, 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. USCIS, 596 F.3d 1115 (9th Cir. 2010) (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). 
II. ANALYSIS 
The Petitioner is a pianist and contends she has sustained national and international acclaim. Because 
the Petitioner has not indicated or shown that she received a major, internationally recognized award, 
she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The 
Petitioner claims to have satisfied five of these criteria, summarized below: 
• (i), documentation of the individual's receipt oflesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor 
• (ii), membership in associations requiring outstanding achievements of their members 
• (iii), published material about the individual in professional or major media 
• (vii), display of her work in the field at artistic exhibitions or showcases 
• (viii), evidence that the individual has performed in a leading or critical role for organizations 
or establishments that have a distinguished reputation 
The Director concluded the Petitioner met two of the criteria, pertaining to the display of her work in 
the field at artistic exhibitions or showcases and evidence that she performed in a leading or critical 
role for organizations or establishments that have a distinguished reputation. On appeal, the Petitioner 
asserts that her evidence satisfies the applicable legal requirements to satisfy the other claimed criteria. 
We will not disturb the Director's determinations regarding the Petitioner's display of her work and 
performance in a leading or critical role for organizations or establishment that have a distinguished 
reputation. But for the reasons discussed below, we agree with the Director that the Petitioner has not 
satisfied the other claimed criterion. 
A. Evidentiary Criteria 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. 
§ 204.5(h)(3)(i) 
In order to satisfy this criterion, the Petitioner must demonstrate that she has received lesser nationally 
or internationally recognized prizes or awards for excellence in the field of endeavor. 1 Relevant 
1 See USCIS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 6 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html. 
2 
considerations regarding whether the basis for granting the prizes or awards was for excellence in the 
field include, but are not limited to: the criteria used to grant the awards or prizes, the national or 
international significance of the awards or prizes in the field, and the number of awardees or prize 
recipients as well as any limitations on competitors. 2 
The Petitioner states that she received the following awards and documented her receipt by submitting 
copies of her award certificates: 
• First Prize 
• First Prize in the Petitioner's age group, 2020 
• First Prize, 2019 _____ International Competition Series ______ 
I I 
• First Prize, 2020 _____ International Competition Series called 
of Europe" 
• Second Prize, 202ol !International Music Com etition 
• Second Priz 2021 
• First Prize, 2020 _____________ Competition 
The Director determined that the Petitioner did not establish that any of the awards qualify as 
nationally or internationally recognized prizes or awards for excellence in the field. We agree with 
that determination. 
The Petitioner stated that th _________________ is an international music 
competition, and the first prize winners perform in the full-length evening concert at 
As a first-place winner, the Petitioner placed in The I Debut Concert at ____ 
However, the record does not contain any additional information or supporting evidence regarding the 
competition to support the Petitioner's claim that her first prize award should be considered a 
nationally or internationally award for excellence in the field of classical music. Absent, for example, 
information regarding the number of competitors in the Petitioner's age category, or evidence of the 
level of recognition associated with this award, we cannot find that the Petitioner has satisfied each 
element of the criterion. While the Petitioner provided information of previous winners of this 
competition, that is not sufficient to satisfy this element of this criterion. 
The 1s o en to all pianists and participants from all over the 
world. The Petitioner stated that she was artici ants awarded the first prize out of 90 
participants. She also stated she won in 2021 in the same competition 
out of 130 participants. The Petitioner indicated that the competition's Y ouTube channel has 1,220 
subscribers with 158,974 views. The Petitioner submitted a screenshot from thel I I I website regarding participation rules and general information of the competition. The 
Petitioner also submitted a letter from the founder and CEO of the I I I lthat stated they have participants from all over the world, and the jury is guided by a 
grading system. The letter also confirmed the Petitioner was among the winners in 2020 and 2021, 
2 Id. (indicating that an award limited to competitors from a single institution, for example, may have little national or 
international significance.) 
3 
and it listed other previous winners that are professional pianists. The record does not contain official 
results or other evidence demonstrating the number of entrants in the competition or in the Petitioner's 
category in the years in which she won. In addition, the Petitioner indicated in the year she was 
awarded first prize, four other individuals in her age group also were awarded first prize. Finally, the 
submitted statements indicate that entry to the competition was age-restricted and not open to all 
musicians who may have been competitive for top prizes. 
In addition, although the supporting evidence indicates that the compet1t10n seeks and attracts 
participants from different countries, we note that showing a diverse pool of competitors, without 
more, does not establish the requisite recognition. While the evidence reflects other winners received 
some media attention for their awards, the record lacks sufficient evidence verifying that prizes and 
awards issued by this competition are nationally or internationally recognized awards for excellence 
in the field, or evidence that the Petitioner herself received any recognition from outside the issuing 
organization. 
The Petitioner stated she was awarded first pnze m the 2019 International 
Competition Series I I She also explained the competition is open to 
all instrumentalities and singers up to the age of 25, and the applicants are divided into seven age 
groups. The Petitioner also stated that she won first prize for the 2020 I !International 
Competition Service called! !which is open to all European instrumentalists 
and singers up to 25 years of age. As with the other awards the Petitioner received, the record does 
not contain sufficient evidence regarding the official results, the number of competitors and prize 
winners in each age and instrument category, or other evidence related to the specific category in 
which she received an award. We cannot determine that the Petitioner's first prize awards for these 
two competitions are a nationally or internationally recognized prize or award for excellence. 
The Petitioner stated she was awarded second prize overall at the 20201 I International Music 
Competition. She stated contestants are divided into four categories based on age. According to the 
submitted printout from I I website, the competition is open to contestants of all nationalities 
and countries up to 25 years of age, and the contestants are divided into four age groups. The Petitioner 
was one of seven contestants that won the second prize in her category of contestants up to the age of 
10 years old. The evidence does not document how many contestants participated in the 2020 
competition in the Petitioner's age group. In addition, as noted before, the record does not contain 
sufficient evidence regarding the official results, the number of competitors and prize winners in each 
age and instrument category, or other evidence related to the specific category in which she received 
an award. We cannot determine that the Petitioner's first prize awards for these two competitions are 
a nationally or internationally recognized prize or award for excellence. 
The Petitioner stated she won first prize in the 2020 
Competition. According to the submitted print out from the competition website, it is open to students 
of educational institutions implementing programs in the the field of musical art between the ages of 6 to 
18. Further, while these articles confirm that drew participants from outside the United States, 
the evidence does not establish that the competition awards nationally or internationally recognized 
pnzes. 
For the reasons stated above, the Petitioner does not meet this criterion. 
4 
Documentation of the alien 's membership in associations in the field for which 
class[fication is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or .fields. 
8 C.F.R. § 204.5(h)(3)(ii) 
This criterion contains several evidentiary elements the Petitioner must satisfy. First, the Petitioner 
must demonstrate that she is a member of an association in her field. Second, the Petitioner must 
demonstrate both of the following: (1) the associations utilize nationally or internationally recognized 
experts to judge the achievements of prospective members to determine if the achievements are 
outstanding, and (2) the associations use this outstanding determination as a condition of eligibility 
for prospective membership. 
On appeal, the Petitioner contends she is a member of the I 
The Petitioner stated that she is a soloist of the performance cantate choir of I I and became a 
member through an audition process. The Petitioner submitted a letter from the co-founder and artistic 
director of1 !stating that I lis a "unique, inclusive music enrichment program that welcomes 
a diverse group of children ages 8-18," and the organization has grown to seven choirs with over 350 
singers in its core program, and over 1,000 children in its afterschool program. The Petitioner did not 
provide sufficient evidence to establish thatl lis an "association." In addition, the evidence does 
not explain how the children are chosen to be in the core program or afterschool program. Without 
more evidence of the program and the requirements to enter the program, it is impossible to determine 
if it requires outstanding achievements of their members. Membership requirements based on activity 
in a given field or knowledge in a given field to be a member do not satisfy this criterion as such 
requirements do not constitute outstanding achievements. The record does not contain sufficient 
evidence to support the claim that the I I requires outstanding achievements of its members, as 
judged by recognized national or international experts. Accordingly, the Petitioner does not meet 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. 8 C.F.R. § 204.5(h)(3)(iii). 
The Petitioner contends that she satisfies this criterion since she was featured in a television ro ram 
the I in a segment that was 
The Petitioner stated that the website indicated that this program is 
"popular with up to 12,000 viewers weekly" in the ___ Florida area. In order to satisfy this 
criterion, the Petitioner must demonstrate published material about her in professional or major trade 
publications or other major media, as well as the title, date, and author of the material. 3 
The Petitioner submitted printouts from the website indicating that 
onl I 2022, the Petitioner was profiled as a pianist on th show. 
3 See USCIS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 7 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html. 
5 
However, this evidence was accompanied by the requisite translation. 8 C.F.R. § 103.2(b)(3). Nor 
did the Petitioner provide sufficient evidence to establish that l ________ qualifies as a 
professional or major trade publications or other major media. 
The Petitioner submitted information from the website stating that 
the Civic Association started producing a weekly video newscast in the 2017-2018 season with up to 
12,000 weekly viewers. However, the Petitioner did not provide any information regarding the current 
viewership of the show. Although the Petitioner claims that the program is popular in the Town of 
I land surrounding areas, she did not provide any farther, detailed information showing the 
status of the television program as a major medium. Accordingly, the Petitioner did not show that she 
meets this criterion. 
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 lesser criteria. We also need not provide the type of final 
merits determination referenced in Kazarian, 596 F.3d at 1119-20, or render a determination on the 
issue of whether the Petitioner's entry will substantially benefit prospectively the United States. 
Accordingly, we reserve these issues. 4 
Nevertheless, we have reviewed the record in the aggregate and concluded that it does not support a 
conclusion that the Petitioner has established the acclaim and recognition required for the classification 
sought. The Petitioner seeks a highly restrictive visa classification, intended for individuals already 
at the top of their respective fields, rather than those progressing toward the top. Price, 20 I&N Dec. 
at 954 (Assoc. Comm'r 1994) (concluding that even major league level athletes do not automatically 
meet the statutory standards for classification as an individual of "extraordinary ability,"); Visinscaia, 
4 F. Supp. 3d at 131 (internal quotation marks omitted) (finding that the extraordinary ability 
designation is "extremely restrictive by design,"); Hamal v. Dep 't of Homeland Sec. (Hamal II), No. 
19-cv-2534, 2021 WL 2338316, at *5 (D.D.C. June 8, 2021) (determining that EB-1 visas are 
"reserved for a very small percentage of prospective immigrants"). See also Hamal v. Dep 't of 
Homeland Sec. (Hamal I), No. 19-cv-2534, 2020 WL 2934954, at *l (D.D.C. June 3, 2020) (citing 
Kazarian, 596 at 1122 (upholding denial of petition of a published theoretical physicist specializing 
in non-Einsteinian theories of gravitation) (stating that "[c]ourts have found that even highly 
accomplished individuals fail to win this designation")); Lee v. Ziglar, 237 F. Supp. 2d 914,918 (N.D. 
Ill. 2002) (finding that "arguably one of the most famous baseball players in Korean history" did not 
qualify for visa as a baseball coach). Here, the Petitioner has not shown that the significance of her 
work is indicative of the required sustained national or international acclaim or that it is consistent 
with a "career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. No. 101-723, 
59 (Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. Moreover, the record does not otherwise 
demonstrate that the Petitioner has garnered national or international acclaim in the field, and she is 
one of the small percentage who has risen to the very top of the field of endeavor. See section 
4 See INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976) (stating that, like courts, federal agencies are not generally required 
to make findings and decisions unnecessary to the results they reach); see also Matter of L-A-C-, 26 l&N Dec. 516, n.7 
( declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
6 
203(b)(l)(A) of the Act and 8 C.F.R. § 204.5(h)(2). The record does not contain sufficient evidence 
establishing that she is among the upper echelon in her field. 
For the reasons discussed above, the Petitioner has not demonstrated her eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
7