dismissed EB-1A Case: Music

identifying data deleted to 
prevent clearly unwd. 
invasion of @-' 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
WBWC COPY 
SRC 06 239 51521 
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 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 
YRobert P. Wiemann, Chief 
Administrative Appeals Office 
C 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. 5 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, the petitioner argues that he qualifies for classification as an alien of extraordinary ability. 
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. 8 204.5(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. 5 204.5(h)(3). 
The relevant criteria will be addressed below. It should be reiterated, however, that the petitioner must show 
that he has earned sustained national or international acclaim at the very top level. 
This petition, filed on August 3, 2006, seeks to classify the petitioner as an alien with extraordinary ability as 
a pianist and music teacher. At the time of filing, the petitioner was employed as a piano teacher at the Piano 
School of New York City, Inc. The petitioner earned a Master of Music degree from the DePaul University 
School of Music in June 2005. 
The regulation at 8 C.F.R. 5 204.5(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. Q 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. 4 204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted a "Certificate of Participation" reflecting his participation as a student in the State 
University of New York at New Paltz School of Fine and Performing Arts PianoSummer Institute and 
Festival from July 9" to August 3rd, 2001. There is no evidence showing that this certificate is a nationally or 
internationally recognized award for excellence, rather than simply an acknowledgment of his participation in 
the PianoSummer Institute and Festival. 
A July 11, 2003 article submitted by the petitioner entitled "That's Pianosummer" states: "The 40 students 
who attend the PianoSummer Institute experience a rigorous program of daily lessons, classes, lectures, and 
public performances. Each student gets to work with all the faculty members, a unique concept among music 
institutes." 
' 
A February 12, 2001 "Invitation Letter" to the petitioner from the PianoSummer 2001 Program Coordinator 
states: 
You will be participating in the daily lessons, master classes, and lectures conducted by this faculty. 
We are sure you will find your time on campus musically fulfilling and a great benefit to your studies 
as a pianist. 
2001 is the fourth year for the Jacob Flier International Piano Competition. It is our understanding 
that you will take part in this competition. 
The petitioner also submitted a certificate showing that he received second prize in the Jacob Flier 
International Piano Competition at the State University of New York at New Paltz School of Fine and 
Performing Arts PianoSummer Institute and Festival (July 24th and 25th, 2001). With regard to this 
competition, the July 11, 2003 article submitted by the petitioner entitled "That's PianoSummer" further 
states: 
PianoSummer will allow beginning pianists the opportunity to work with music instructors from 
around the world. After nearly a month of intensive training, the musicians will have the opportunity 
to compete in the Jacob Flier International Piano Competition. The winner will play with the Hudson 
Valley Philharmonic in the last concert of the series, conducted by Vladimir Feltsman. 
Feltsman, a distinguished professor at the [State University of New York at New Paltz School of Fine 
and Performing Arts], founded "PianoSummer" and created the competition to honor a former 
teacher. 
A July 5, 2002 article entitled "Feltsman promotes PianoSummer proudly" states: "PianoSummer includes 
the Jacob Flier International Piano Competition . . . . 'The competition gives everyone involved a taste of 
competing, a taste of things to come,' said Feltsman. 'This is a very important experience for ,the students."' 
A July 11, 2005 article entitled "PianoSummer at New Paltz Celebrates loth Season" states: 
 "Students 
participating in the PianoSummer Institute may elect to participate in the competition . . . ." 
The petitioner's receipt of an award limited to PianoSummer "students" age 35 and under is not an indication 
that he "is one of that small percentage who have risen to the very top of the field of endeavor." 8 C.F.R. 
5 204.5(h)(2). 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. The petitioner's second prize in the Jacob Flier International Piano Competition reflects 
institutional recognition in an educational setting rather than national or international recognition for 
excellence in his field of endeavor. This award may place the petitioner among the top students who attended 
the 2001 PianoSummer Institute at the State University of New York at New Paltz, but it offers no 
meaningful comparison between him and those pianists who were already well established in the field. 
The petitioner also submitted evidence showing that he received a 2003-2004 Music Performance Award 
scholarship to attend DePaul University. This scholarship reflects institutional recognition for a prospective 
student rather than national or international recognition for excellence in the field of endeavor. The 
petitioner's receipt of this scholarship was contingent upon his registration in the DePaul University School of 
Music "as a full time student" and his "satisfactory progress toward completion" of his master's degree. 
University study is not a field of endeavor, but rather training for future employment in a field of endeavor. 
As such, an educational scholarship cannot be considered a prize or award for excellence in the petitioner's 
field of endeavor. Moreover, competition for this annual scholarship was limited to other prospective 
students applying to the School of Music. Top pianists in the field do not aspire to receive funding to pursue 
a music degree. Thus, the petitioner's Music Performance Award scholarship cannot establish that he is one 
of the very few at the top of his field. 
In light of the above, the petitioner has not established that he meets this criterion. 
Documentation of the alien's membership in associations in the field for which classrfication 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields.