dismissed EB-1A Case: Music

U.S. Citizenship 
and Immigration 
Services 
In Re: 6711634 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 29, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a musician specialized in the "jinghu" musical instrument , seeks classification as an 
individual of extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b )( 1 )(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 petition, concluding that the Petitioner met 
only one of the ten initial evidentiary criteria for this classification , of which he must satisfy at least 
three . 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S .C. § 1361. Upon de nova review , we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to 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 in the area of 
extraordinary ability , and 
(iii) the alien 's 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 sustained 
acclaim and the 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 
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. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
II. ANALYSIS 
The Petitioner performs on the jinghu, a Chinese bowed string instrument, and has played it in several 
concerts involving Chinese Opera ( also referred to in the record as I I Opera) in China and the 
United States. 1 Because the Petitioner has not indicated or established that he has received a major, 
internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). 
In denying the petition, the Director determined that the Petitioner fulfilled one of the initial 
evidentiary criteria, published material at 8 C.F.R. § 204.5(h)(3)(iii). The record reflects that the 
Petitioner was featured in an article published in the newspaper The China Press and therefore we 
agree with the Director's determination that the evidence satisfies the published materials criterion at 
8 C.F.R. § 204.5(h)(3)(iii). 
On appeal, the Petitioner asserts that he meets three additional criteria. 2 After reviewing all of the 
evidence in the record, we conclude that the Petitioner does not establish that he satisfies the 
requirements of at least three criteria. 
Evidence of the alien's original scient[fic, scholarly, artistic, athletic, or business-related 
contributions o_f major significance in the.field. 8 C.F.R. § 204.5(h)(3)(v) 
As evidence under this criterion, the Petitioner submitted a number of reference letters discussing his 
work as a jinghu performer, including those from musicians who have worked with him, who know 
his work. 3 The Director considered this documentation but found that it was not sufficient to 
demonstrate that the Petitioner's work constituted original contributions of major significance in the 
field. For the reasons discussed below, we agree with that determination. 
1 The records ofU.S. Citizenship and Immigration Services (USCIS) show that since 2009 the Petitioner has been studying 
and working in the United States in the field of mechanical and aerospace engineering while in F-1 and H- lB nonimmigrant 
classifications. 
2 The Director determined that the Petitioner initially submitted evidence related to the artistic display criterion at 8 C.F.R. 
§ 204.5(h)(3)(vii) but did not satisty this criterion. The Petitioner does not contest this issue on appeal and therefore we 
deem it to be waived. See, e.g., Matter of M-A-S-, 24 T&N Dec. 762, 767 n.2 (BIA 2009). 
3 We note that although the Petitioner's appeal briefrefers to letters previously submitted froml 11 
and I I the record before us does not contain letters from those individuals. ~--~ < .,, U 0 
2 
In order to satisfy this criterion a petitioner must establish that not only has he made contributions that 
were original but that they have been of major significance in the field. For example, a petitioner may 
show that the contributions have been widely implemented throughout the field, have remarkably 
impacted the field, or have otherwise risen to a level of major significance in the field. 
On appeal, the Petitioner points to several letters of support from colleagues in the field, including 
fellow jinghu performers, which he claims indicate that he is "recognized on a worldwide basis as one 
of the foremost Jinghu players who has made original, significant contributions to the field." However, 
as discussed below, these letters do not offer sufficiently detailed information, nor does the record 
include adequate corroborating documentation, to demonstrate the nature of specific original 
contributions that the Petitioner has made to the field that have been considered to be of major 
significance. 
For example, I I a jinghu performer, states that the Petitioner "has demonstrated his 
unsurpassed expertise and strong passion to Jinghu" and has performed at "the highest level ... on par 
with the foremost professional players." I l a jinghu performer, describes the Petitioner as 
"a great Jinghu player especially marvelous at rhythm" whose work "is a unique combination of sound, 
tempo and emotion." I I and I I of the~---------r-----....,,....,.-~ 
I I describe the Petitioner, respectively, as "among a handful of the finest Jinghu players in the 
entire industry in I I ... whose contributions are widely recognized in the realm of Chinese 
Opera Community," and "one of the best Jinghu players in the United States." I I of the 
'----~-----~-------.-----~) calls the Petitioner "one of [the] leading 
contemporary Chinese Jinghu players" and "among the most distinguished Jinghu artists in the 
industry." While those authors praise the Petitioner's skills as a jinghu performer the letters are not 
sufficient to demonstrate that the Petitioner's contributions as a music performer rise to the level of a 
contribution of major significance in the field. Letters that specifically articulate how a petitioner's 
contributions are of major significance to the field and its impact on subsequent work add value. 4 On 
the other hand, letters that lack specifics and use hyperbolic language do not add value, and are not 
considered to be probative evidence that may form the basis for meeting this criterion. 5 
LikewiseJ I a musician and the I I of the China Oriental Performing Group, states 
that he practices jinghu weekly with the Petitioner and praises his "outstanding performance skills" 
and "unique performing style." He provides that the Petitioner is "exceptionally talented in 
improvisation" and a "tremendous talent." He claims that the Petitioner's performance in 2018 at the 
.__ _____ ___, Theater in held in the United States," and 
highlights several of the Petitioner's original works, such as and his 
arrangement, for Chinese Opera instruments of the popular song '.__ ______ ___, l 
thei I of the Chinese Opera Club o , indicates that the Petitioner is the organization's 
music director and asserts that the Petitioner's ''--------~' arrangement "for the first tile inl 
history infused Chinese Opera music to a Hollywood masterpiece." The letters o±1 I and 
4 See USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form I-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJJ-14 8-9 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html. 
5 Id. at 9. See also Kazarian, 580 F.3d at 1036, aff'd in part, 596 F.3d at 1115 (holding that letters that repeat the regulatory 
language but do not explain how an individual's contributions have already influenced the field are insufficient to establish 
original contributions of major significance in the field). 
3 
~ however, are not sufficient to demonstrate that the Petitioner's work rises to the level of a 
contribution of major significance in the music field. For instance, the record does not show that the 
Petitioner's compositions, arrangements, or his aforementioned 2018 concert performance have 
widely influenced others in the field of jinghu performance, that his works are highly renowned by 
recognized music critics, or that his original work otherwise constitutes contributions of major 
significance in the field. See Visinscaia v. Beers, 4 F. Supp. 3d 126, 134-35 (D.D.C. 2013) (upholding 
a finding that a ballroom dancer had not met this criterion because she did not corroborate her impact 
in the field as a whole). 
Further, I I ofl I University provides that the Petitioner's jinghu performance is 
"virtuosic."I ~ asserts that the Petitioner is knowledgeable in the musical techniques 
of Peking Opera. I . of University ofl I calls the Petitioner "one of the best Jinghu 
players in the world." However, the Petitioner has not shown that I I a art professor whose 
bac~s the visual arts, I l a composer and lyricist for the American musical theater, 
andL__J, a professor of music practice, are recognized experts in the field ofjinghu performance. 
Finally, the record contains concert programs that mention the Petitioner by name and show that he 
has been a featured performer and ensemble member in several concerts between 2014 and the date 
when the petition was filed in September 2018, including a 2014 performance in China, a 2015 
I I concert, the 2016 Anniversary Celebration at thel lculture Art Center, 
the 2017 Mid-Autumn Festival Concert at the University of I I and the 
aforementioned 2018 concert at the~--------~ However, as discussed previously, the 
Petitioner has not explained or documented the scope and significance of his performance at those 
events and that it represents a contribution of major significance in the field ofjinghu performance. 
In light of the above, the Petitioner did not show he meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 8 C.F.R. § 204.5(h)(3)(viii) 
The Petitioner argues that he has performed a critical role for two organizationsJ I and □ 
As it relates to a critical role, the evidence must demonstrate that a petitioner has contributed in a way 
that is of significant importance to the outcome of the organization's or establishment's activities. It 
is not the title of a petitioner's role, but rather the performance in the role that determines whether the 
role is or was critical. 6 
The Petitioner provided letters from three representatives ofl I. In her aforementioned letter, 
I I the organization's chairperson, asserts that the Petitioner joined! I in 2015, is on the 
organization's 15-member board of directors, and is the music director of the organiz:tion's Youth 
Trou e. She relates that he has erformed in o era productions includinr;I ~ I 
and I I In his above-
referenced letter, ,__ _ ____,the general manager of~ __ ...,. states that the Petitioner is "extremely 
critical" to the organization as its "chief jinghu player" who "flays the leading role in most of our 
performances." I I, the past president and founder of_ I and the Petitioner's mentor, 
6 See USCIS Policy Memorandum PM-602-0005.1, supra, at 10. 
4 
asserts that the Petitioner instituted the organization's year-end shows and co-founded the ~I--~ 
Youth Troupe, performing with them in stage performances inl !universities and community 
festivals. 
The Petitioner also submitted two letters from I I the president ofl l who states that the 
Petitioner has been the organization's "musical advisor" since 2016, providing children weekly 
instruction in jinghu and other string instruments, and asserts the Petitioner's work is "of vital 
importance forl I' He indicates that the Petitioner has performed Chinese opera arias including 
~-----~ I I andl I 
Although the Petitioner references recommendation letters which confirm his work with those 
organizations, the letters do not contain detailed information demonstrating that he performed in a 
critical role as a whole. 7 For instance, the letters did not explain how performing the role "chief'' 
jinghu player and youth troupe musical director forl I or children's music instructor forl I 
resulted in the success or standing of the organizations or otherwise reflected the Petitioner's critical 
role to the organizations. In addition, although I I asserts as a board member "[the Petitioner's] 
decisions directly determined the development of I I' he did not elaborate how such position 
elevated the organization's status. Here, the lack of specific information does not provide probative 
information to demonstrate the Petitioner's critical roles for the organizations. 
Further, the Petitioner did not establish that either of those organizations enjoy a distinguished 
reputation. 8 Although the recommendation letters provided brief background information, the 
Petitioner did not offer any supporting documentation to corroborate the claims. For example, 
I I indicated it is a non-profit organization founded in 2006 to introduce and promote Chinese 
traditional opera, it has "organized/hosted a variety of cultural events including public performances, 
community activities and workshops," and is "the most influential Asian culture society" with "the 
best team of professional musicians of Peking Opera in all of the United States." Moreover,! I 
asserted that it was established in 1999 as a non-profit organization promoting and preserving 
"Chinese Opera through performances, educational activities and touring engagements." Again, the 
Petitioner did not submit corroborating evidence, nor did he demonstrate the significance of the 
statements. The Petitioner did not include evidence, for example, showing the field's view of the 
organizations, how their reputations compare to similar establishments, or how their successes or 
accomplishments relate to others, signifying a distinguished reputation consistent with the regulatory 
criterion. 
Accordingly, the Petitioner did not establish that he satisfies this criterion. 
7 See USCTS Policy Memorandum PM-602-0005.1, supra, at 10 (providing that this is one criterion where letters from 
individuals with personal knowledge of the significance of the alien's leading or critical role can be particularly helpful to 
USCTS officers in making this determination as long as the letters contain detailed and probative information that 
specifically addresses how the alien's role for the organization or establishment was leading or critical). 
8 See USCIS Policy Memorandum PM-602-0005.1, supra, at 10-11 ( defining Merriam-Webster ·s Dictiona1y definition of 
"distinguished" as marked by eminence, distinction, or excellence). 
5 
III. CONCLUSION 
We find that that, although the Petitioner met the published material criterion at 8 C.F.R. 
§ 204.5(h)(3)(iii), he did not establish that he meets the criteria relating to original contributions and 
leading or critical role. We acknowledge that the Petitioner claims eligibility under one additional 
criterion on appeal, relating to scholarly articles at 8 C.F.R. § 204.5(h)(3)(vi). As the Petitioner cannot 
fulfill the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3), we reserve that 
issue. 9 Accordingly, 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 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 for individuals progressing toward the top. USCIS has long held 
that even athletes performing at the major league level do not automatically meet the "extraordinary 
ability" standard. Matter of Price, 20 I&N Dec. 953,954 (Assoc. Comm'r 1994). Here, the Petitioner 
has not shown that the significance of his 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 section203(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 he is one of the small percentage who has risen to 
the very top of the field of endeavor. See section 203(b )(1 )(A) of the Act and 8 C.F .R. § 204.5(h)(2). 
Although the Petitioner has been a jinghu instructor and performer in several concerts in China and 
the United States, the record does not contain sufficient evidence establishing that he is among the 
upper echelon in his field. 
For the reasons discussed above, the Petitioner has not demonstrated his 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. 
9 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). 
6