dismissed EB-1A Case: Music

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U.S. Ilepartment of Homeland Security 
U.S. Citizenship and Immigration Services 
Of$ce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
LIN 08 222 51288 
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 1153(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to 
have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 
5 103.5 for the specific requirements. All motions must be submitted to the office that originally decided 
your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be 
filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 
5 103.5(a)(l)(i). 
heny Rhew 
Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center, and is now before the Administrative Appeals Ofice (AAO) on appeal. 
The appeal will be dismissed. 
The petitioner seeks classification of the beneficiary 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 as a "Music Composer and Arranger." The 
director determined that the petitioner had not established that the beneficiary has earned the 
sustained national or international acclaim necessary to qualify for classification as an alien of 
extraordinary ability. More specifically, the director found that the petitioner had submitted no 
documentary evidence in support of the petition and therefore had failed to establish the 
beneficiary's eligibility for the classification sought. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority 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 this subparagraph 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. 
U.S. Citizenship and Immigration Services (USCIS) 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. 5 204.5(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. 
$ 204.5(h)(3): 
Initial evidence: A petition for an alien of extraordinary ability must be accompanied by 
evidence that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise. Such evidence shall include 
evidence of a one-time achievement (that is, a major, international recognized award), or 
at least three of the following: 
(i) Documentation of the alien's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, 
as judged by recognized national or international experts in their disciplines or 
fields; 
(iii) 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; 
(iv) Evidence of the alien's participation, either individually or on a panel, as a 
judge of the work of others in the same or an allied field of specification for which 
classification is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or 
business-related contributions of major significance in the field; 
(vi) 
 Evidence of the alien's authorship of scholarly articles in the field, in 
professional or major trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases; 
(viii) 
 Evidence that the alien has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box 
office receipts or record, cassette, compact disk, or video sales. 
The Form 1-140, Immigrant Petition for Alien Worker, was filed on August 5, 2008. 
 The 
petition was unaccompanied by evidence demonstrating that the beneficiary had met any of the 
regulatory criteria listed in 8 C.F.R. tj 204.5(h)(3) or by any other form of supporting 
documentation. 
Page 4 
The regulation at 8 C.F.R. 5 103.2(b)(l) in pertinent part provides: 
An applicant or petitioner must establish that he or she is eligible for the requested 
benefit at the time of filing the application or petition. All required application or petition 
forms must be properly completed and filed with any initial evidence required by 
applicable regulations and/or the form's instructions. 
If all required initial evidence is not submitted with the application or petition or does not 
demonstrate eligibility, USCIS in its discretion may deny the application or petition for lack of 
initial evidence or for ineligibility. 8 C.F.R. 5 103.2(b)(8)(ii). As the petitioner had failed to 
submit any initial evidence, the director properly denied the petition. 
On appeal, the petitioner states: "The beneficiary has extraordinary ability in music which has 
been demonstrated by and sustained in the Jewish world and his achievements have been 
recognized in the field of music." The petitioner submits a letter of recommendation for the 
beneficiary, four diplomas pertaining to his music studies, an award "[flor his achievements in 
the Preservation of the Moroccan cantorials," a certificate of gratitude for his participation at a 
"Gala Night Prayer of the Children" event, three of his compact disc covers, and two 
promotional flyers for his music performances. 
The petitioner's appellate submission does not specifically address the reasons stated for denial 
and does not establish that the director's grounds for denial were incorrect based on the evidence 
of record at the time of the decision. The record reflects that the service center received no initial 
evidence in support of the petition, and the petitioner has submitted no evidence to overcome the 
director's grounds for denial. None of the documentation submitted on appeal satisfies any of the 
regulatory criteria at 8 C.F.R. 5 204.5(h)(3). For example, the petitioner has not submitted 
evidence demonstrating that the beneficiary's awards equate to "nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor." 8 C.F.R. 5 204.5(h)(3)(i). 
Further, regarding the compact disc covers and promotional flyers submitted on appeal, this 
documentation demonstrates only that the beneficiary has given musical performances and 
recorded his songs. The plain language of the regulatory criterion at 8 C.F.R. 5 204.5(h)(3)(x), 
however, requires the petitioner to submit evidence of the beneficiary's "commercial successes" 
in the form of box office receipts or compact disc "sales." The record does not include such 
evidence. 
In this case, the petitioner has failed to demonstrate the beneficiary's receipt of a major, 
internationally recognized award, or that he meets at least three of the criteria that must be 
satisfied to establish the national or international acclaim necessary to qualify as an alien of 
extraordinary ability. 8 C.F.R. 5 204.5(h)(3). Further, with regard to the director's decision, the 
petitioner's appellate submission fails to identify specifically any erroneous conclusion of law or 
statement of fact for the appeal. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the 
appeal will be dismissed. 
ORDER: The appeal is dismissed.