dismissed EB-1A Case: Music

Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(A). 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 submits a brief. For the reasons discussed below, we uphold the director's finding 
that the petitioner has not established his eligibility for the exclusive 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 achevements 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, 60898-9 (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. 8 204.5(h)(3). The relevant criteria will be addressed below. 
It should be reiterated, however, that the petitioner must show that he has sustained national or 
international acclaim at the very top level. 
Page 3 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a musical producer, 
singer and chorus conductor. 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, international 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. The petitioner has submitted evidence 
that, he claims, meets the following criteria under 8 C.F.R. 5 204.5(h)(3).' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
Initially, the petitioner submitted letters confirming the petitioner's music fellowship from the 
Organization of Chinese American Women (OCAW) in Bethesda, Maryland and a grant towards the 
petitioner's scholarship program from the Rho Psi Foundation in Silver Spring, Maryland. The letter 
from OCAW references an OCAWLi Foundation Music Fellowship. Counsel referenced awards listed 
on the petitioner's self-prepared curriculum vitae. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter 
of Soffici, 22 I&N Dec. 158, 165 (Comm'r. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg'l. Comm'r. 1972)). In addition, the unsupported assertions of counsel do not 
constitute evidence. 
 Matter of Obaigbena, 19 I&N Dec. 533, 534 n.2 (BIA 1988); Matter of 
Laureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 
(BIA 1980). 
In response to the director's request for additional evidence of awards and their significance, the 
petitioner submitted his first prize at the Kaohsiung City Regional Taiwan Area Music Competition 
issued by the Kaohsiung Education Bureau and his third prize at the Taiwan Music Competition 
awarded by the Director of the Education Department of Taiwan. The petitioner submitted evidence 
that the Taiwan National Music Competition is hosted by the Ministry of Education "to encourage 
the music study in Taiwan." The materials further provide that many winners have subsequently 
"established recognition in both Taiwan and the world." In addition, the petitioner submitted 
materials confirming that the Li Foundation's mission is carried out by OCAW and that it provides 
scholarship grants for Chinese singers. The petitioner also submitted materials about the Li 
Foundation Heritage Prize, although the record lacks evidence that the petitioner won this prize. 
Regardless, the Heritage Prize is designed to encourage students to return to Taiwan. Finally, the 
petitioner submitted a press release about the Li Foundation funding Chinese scholars to study 
biology at the University of California, San Francisco. This press release does not appear to relate to 
the petitioner or any scholarship he has received, as he studied music, not biology. - 
-- 
a professor of voice at the University of Maryland where the 
 received his Ph.D., 
asserts that the Li Foundation "targets Chinese scholars who are developing their careers at 
international venues" and that the foundation issues only one fellowship per year. 
1 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Page 4 
The director concluded that the above fellowships and prizes could not serve to meet this criterion 
because the most experienced and renowned members of the field do not compete for fellowships and 
awards designed to encourage study in the field. 
On appeal, counsel asserts that the petitioner's performances are "hghly cherished by the Chinese- 
American Community" and that he "has won [a] number of reputed awards such as: 1) Special award 
from the Federal Asian Pacific American Council; 2) Cultural award recognized by the Taiwanese 
government from the Overseas Compatriot Affairs Commission of Taiwan; 3) Third prize in the 
national Music Competition (Taiwan Provincial Music Competition), and others." The first two 
awards referenced by counsel are not in the record, although, Director of the Asian Arts 
& Culture Center at Towson University, asserts that the petitioner won these awards. According to Mr. 
the award from the Federal Asian Pacific American Council was issued in October 2007, after 
the petition was filed. does not explain how he has first hand knowledge of either award. As 
stated above, the assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533, 534 n.2 (BIA 1988); Matter of laureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter of Ramirez- 
Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). 
 Moreover, going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Soflci, 22 I&N Dec. 158, 165 (Comm'r. 1998) (citing Matter of Treasure 
Craft of California, 14 I&N Dec. 190 (Reg'l. Comm'r. 1972)). Finally, we cannot consider awards 
issued after the date of filing as evidence of the petitioner's eligibility as of that date. See 8 C.F.R. §§ 
103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Reg'l. Comm'r. 1971). Thus, we will 
only consider those prizes actually documented in the record that predate the filing of the petition. 
We concur with the director that fellowships designed to provide financial support for students and 
awards limited to student competitors cannot serve to meet this criterion. The most experienced and 
renowned members of the field do not aspire to win such fellowships and awards. As such, these 
awards are not indicative of or consistent with national or international acclaim. 
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 $eld for which classzjcation is 
sought, which require outstanding achievements of their members, as judged by recognized national 
or international experts in their disciplines orjelds. 
The petitioner did not initially claim to meet this criterion. 
 a member of the faculty 
at Sun-Yat Sen University in Taiwan where the petitioner obtained his baccalaureate, asserts that the 
petitioner has been a member of the Association of Vocal Artists (AVA) since 1991, "the most 
prominent organization in vocal arts in Taiwan." In response to the director's request for additional 
evidence regarding this association, counsel did not address this criterion. The petitioner, however, 
submitted materials about AVA indicating that its members "are generally professional vocalists and 
vocal teachers with BA, MA or DMA degrees in the area." Nothing in the materials suggests that AVA 
limits membership to those with outstanding achievements as judged by recognized national or 
international experts. 
The director noted that the petitioner had not claimed this criterion and counsel does not address this 
criterion on appeal. First, the record does not support assertion that the petitioner is a member 
of AVA. Regardless, without AVA's bylaws or other official documentation from AVA establishing 
the association's membership criteria, we cannot evaluate whether AVA is a qualifling membership. 
In light of the above, the petitioner has not established that he 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 Jield for which classzjication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner initially submitted the following news articles: 
1. A January 24, 2007 "press release" in the "Local News" section of the World 
Journal and a January 25, 2007 article in the Washington Chinese News about 
the petitioner's performance of his musical, "The Bygone Years," at a 
community college; 
2. A December 14, 2006 article in the Gazette about a sing-a-long at a high school 
that included the petitioner as a soloist; 
3. April 19, 2006 and April 27, 2006 articles in the "Local News" section of the 
World Journal and the Washington Chinese News promoting/covering the 
performance of "Eternal Hope" by the petitioner at a local high school; 
4. 
 A December 2, 2005 article in the Epoch Times about a Christmas banquet 
hosted by the Taipei Economic and Cultural Representative Office (TECRO) 
mentioning that the petitioner performed during the banquet; 
5. October 21, 2005 and October 22, 2005 articles in the "Local News" section of 
the World Journal and the Washington Chinese News about a welcoming 
banquet for the former President of Taiwan noting a performance by the 
petitioner; 
6. October 12, 2005 and October 15, 2005 article in the World ~ournal~ and the 
Washington Chinese News about a celebration of the 94th birthday of Taiwan at 
the TECRO Cultural Center noting a performance by the petitioner; 
The original foreign language document is downloaded from the Internet and the section of paper where the 
original article appeared is not provided. 
Page 6 
7. An October 8, 2005 article in the Washington Chinese News promoting a 
seminar hosted by the Chinese American Professional Association of 
Metropolitan Washington, D.C. noting that the petitioner, among others, would 
be speaking; 
8. An April 28, 2005 article in the PaciJic News about the Ninth Taiwan Night 
Concert hosted by the Taiwan Culture Center noting the petitioner's 
performance; 
9. January 7,2004 and January 16,2004 articles in the "Local News" section of the 
World Journal promoting/covering a "Sound of Taiwan" concert by the Taiwan 
Cultural Center at a local church noting that the petitioner would performhad 
performed; 
10. March 27, 2003 and March 28, 2003 articles in the Washington China Post and 
the Washington Chinese News about the Hai-Tien Chorus' annual concert 
conducted by the petitioner; 
11. December 5, 2001 article in the "Style" section of The Washington Post and the 
World ~ournal~ reviewing the operatic debut of the Clarice Smith Performing 
Arts Center at the University of Maryland noting the performances of several 
actors, including the petitioner; 
12. May 27, 2001 and May 31, 2001 articles in the Washington Chinese News and 
the World ~ournaf about a "Taiwan Night 2001 Concert" noting the 
performance by the petitioner; and 
13. A January 26, 1997 review of "La Boheme" at the Kaohsiung City Concert Hall 
in Chinese News noting that the cast included several native Kaohsiung singers, 
including the petitioner. 
In response to the director's request for additional evidence, including evidence that the above materials 
constitute major media, the petitioner submitted similar news coverage in Chinese-American 
newspapers, almost all of which postdate the filing of the petition. News coverage after the date of 
filing cannot establish the petitioner's eligibility as of that date. See 8 C.F.R. $5 103.2(b)(l), (12); 
Matter of Katigbak, 14 I&N Dec. at 49. The petitioner did submit an April 16, 2007 press release 
from the website www.hakka.gov about the opening of Taiwanese Hakka where the petitioner 
While not specifically labeled as the "Local News" section on the foreign language copy submitted, the 
story appears on page B 1, which, in other issues submitted, is the "Local News" section. 
4 
 While not specifically labeled as the "Local News" section on the foreign language copy submitted, the 
story appears on page B1, which, in other issues submitted, is the "Local News" section. 
performed Hakkan pieces. The petitioner also submitted 1994 articles in Taiwan newspapers about 
an opera workshop in which the petitioner participated. 
Regarding the significance of the above publications, the petitioner submitted evidence that the 
World Journal is the largest Chinese newspaper in North America. The materials do not provide the 
exact circulation or indicate whether the "Local News" sections are circulated nationally. Rather, the 
materials note that the paper's "team of professionally trained reporters and editors produce several 
local editions to address local issues and events." The petitioner also submitted materials about 
Taiwan's national news agency. 
We acknowledge that the petitioner did provide certified translations of the foreign-language 
materials pursuant to 8 C.F.R. 5 204.5(h)(3)(iii) and 8 C.F.R. 5 103.2(b)(3). Most if not all of these 
translations, however, appear to be partial translations of the portion of the articles that mention the 
petitioner. 
The director concluded that the articles in the Washington Post and the Taiwan media were not 
"about" the petitioner as required by the plain language of the regulation at 8 C.F.R. 
5 204.5(h)(3)(iii). The director further concluded that the Washington Chinese News appeared to be 
a local newspaper. The director questioned whether a Chinese-language newspaper, even if 
circulated nationally, could constitute major media in the United States. Finally, the director noted 
that the petitioner was not the subject of the World Journal articles. 
On appeal, counsel asserts that the petitioner's "performances were covered by the reputed news 
media outlets in the United States and Taiwan." More specifically, counsel asserts that being 
highlighted in The Washington Post represents "a compliment to the musician's own talent" despite 
the student nature of the production. Counsel further notes that the review favorably comments on 
the petitioner's performance. 
Regarding the World Journal, counsel asserts that the United States includes approximately three 
million Chinese and Taiwanese Americans, "the majority" of whom are first generation immigrants. 
Counsel further asserts that Chinese is second only to Spanish among foreign languages spoken in 
the home in the United States. Counsel concludes that major media is not defined through language 
but circulation. The petitioner, however, did not provide the circulation data for the World Journal. 
First, the unsupported assertions of counsel do not constitute evidence. Matter of Obaigbena, 
19 I&N Dec. at 534 n.2; Matter of Laureano, 19 I&N Dec. at 3 n.2; Matter of Ramirez-Sanchez, 
17 I&N Dec. at 506. The record contains no confirmation of the number of Chinese language 
speakers in the United States, although we do not contest that it is a large number. The United 
States, however, has large immigrant populations from many regions that do not speak Chinese. In 
general, a newspaper published in a language that the vast majority of the population as a whole 
cannot comprehend cannot be considered major media. 
The fact that the World Journal is the largest Chinese newspaper in North America is meaningless 
without more information regarding the actual circulation. For example, if it is the only nationally 
circulated paper or if the second largest paper has minimal circulation, the distinction of being the 
"largest" has little significance. Moreover, the petitioner has not demonstrated coverage beyond the 
"Local News" sections of the World Journal. The record contains no evidence that the "Local News" 
section is circulated nationally. We acknowledge that The Washington Post is major media, but that 
does not end our inquiry into the review published in that newspaper. 
None of the published material submitted, including The Washington Post article, is "about" the 
petitioner relating to his work and most of the material is not even primarily "about" his work. 
Reviews of performances that mention the petitioner in a single sentence, even if favorable, are not 
published material ,primarily about the petitioner. Accord Negro-Plumpe v. Okin, 2:07-CV-820-ECR- 
RJJ at 7 (D. Nev. Sept. 8,2008) (upholding a finding that articles about a show are not about the actor). 
Articles about celebrations, events or workshops that note the participation by the petitioner are also 
not "about" the petitioner. 
The articles about the petitioner's musicals, the "Bygone Years" and the "Eternal Hope," can be 
considered to be "about" the petitioner's work. The regulation at 8 C.F.R. 5 204.5(h)(3)(iii), 
however, requires evidence about the petitioner relating to his work. Compare 8 C.F.R. 
5 204.5(i)(3)(i)(C) (requiring evidence of published material about the alien's work). Moreover, 
these articles appear in local newspapers or the local sections of newspapers. 
In light of the above, the petitioner has not established that he meets the plain language requirements 
of the regulation at 8 C.F.R. 5 204.5(h)(3)(iii). 
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 alliedfield of speciJication for which classlJication is sought. 
asserts that the petitioner "had the honor of adjudicating the 2005 and 2006 
TaiwaneseIAmerican Friendship Ambassador Pageant Night." The petitioner listed these events on his 
curriculum vitae as well as a position as a judge at the Chun-Hua Folk Song Competition in Kaohsiung, 
Taiwan in 1997. The petitioner submitted the program for the 2006 pageant, which took place at a 
church in Wheaton, Maryland, listing the petitioner as one of five judges. Both finalists are from the 
University of Maryland, suggesting that the pageant is extremely local. 
The director requested evidence of the significance of the events where the petitioner judged the work 
of others. The petitioner's response does not address this criterion. The director concluded that the 
petitioner had not demonstrated that the event was nationally important. Counsel does not address this 
criterion on appeal. 
The evidence submitted to meet this criterion, or any criterion, must be indicative of or consistent with 
sustained national or international acclaim. Accord Yasar v. DHS, 2006 WL 778623 *9 (S.D. Tex. 
March 24, 2006); All Pro Cleaning Services v. DOL et al., 2005 WL 4045866 * 11 (S.D. Tex. Aug. 
26, 2005). The petitioner has not demonstrated that judging a local pageant at a church is indicative 
of or consistent with national or international acclaim. 
In light of the above, the petitioner has not demonstrated that he meets this criterion. 
Evidence of the alien's original scientiJic, scholarly, artistic, athletic, or business-related 
contributions of major significance in the field. 
According to the regulation at 8 C.F.R. 5 204.5(h)(3)(v), an alien's contributions must be both 
original and of major significance. We must presume that the phrases "original" and "major 
significance" are not superfluous and, thus, that they have some meaning. 
Initially, counsel relies on a letter fiom~ice President of Cultural Affairs at OCAW. Ms. 
rases the petitioner's range and ability to portray Taiwanese folksongs "with great sensitivity and 
artistry." More specifically, states: "In addition, his contribution as the music director of 
choruses such as Hai-Tien, Li-Ren and Taiwanese American since 2002 have successfully promoted 
Chinese and Taiwanese folk music, which has become an essential part of the culture and art activities 
of the highly diverse communities of the Washington DC Metropolitan area." concludes that 
the petitioner "made the Taiwanese folksong equal to the standard of the art song, therefore bringing 
this repertoire to a new higher level of interpretation" and notes that the petitioner has written and 
directed his own ~aiwanese musicals to effectively promote Taiwanese folk songs. Other references 
who have worked with the petitioner praise his-talent and assert that his musicals have received 
excellent reviews. - a former fellow student of the petitioner's, asserts that the petitioner 
began the "Taiwan Sound" research project that produces a series of concerts from Wheaton, Maryland 
to San Diego, California. 
 notes that the World Journal covers these events. 
In response to the director's request for additional evidence of the impact of the petitioner's work, 
counsel asserted that the petitioner's musicals, "Eternal Hope" and "Bygone Years" are major 
productions that "solidified" the petitioner as a "cultural leader in his community." While counsel 
asserted that the Chinese-American press and the "mainstream press" have covered the petitioner's 
work "across the United States," the only press coverage outside the Chinese-American press is a 
review of his operatic debut at the University of Maryland's theater. This article does not report on the 
petitioner's original musicals; rather, it reviews a traditional opera in which the petitioner performed. 
The petitioner submitted letters from other Maryland references attesting to his talent. - 
asserts that the petitioner won an award in 2005 from the Overseas Compatriot Affairs Commission of 
Taiwan for contributing to the cultural achievement of Taiwan. As stated above, this award is not in 
the record and the petitioner did not submit any evidence about the commission that purportedly issued 
the award or the award's significance. Several references note that the petitioner performed for the 
former President of Taiwan on his visits to the United States. They do not explain how these 
performances are "original" or how they have impacted the field. 
asserts that the petitioner "was the very first Taiwanese singer to perform the music of 
Taiwan in a public performance at the University of Maryland, setting an unprecedented trend of public 
performances for students of other indigenous music." While the petitioner may have influenced 
performers of various kinds of music at the University of Maryland to perform publicly, the petitioner 
has not explained how this influence constitutes an original contribution of major significance in the 
field of folk music. 
The director concluded that the petitioner had not demonstrated how his performances constituted 
original contributions of major significance. On appeal, counsel reiterates that the petitioner's original 
musicals are major additions to the cultural works of Chinese-Americans. Counsel asserts that 
members of the petitioner's field are often underappreciated during their time and that Taiwanese folk 
music was not previously introduced to the United States, making the significance of the petitioner's 
contributions less "overt" than would be expected in the sciences. Counsel then states that the phrase 
"original contribution" is not "palpable" for all fields and "should not be judged without deep 
consideration of the specific barriers and its demands in that specific field of study." Counsel 
concludes that the petitioner is a cultural ambassador. 
At the outset, we note that the regulatory criteria are not designed to be easily met, but to demonstrate 
sustained national or international acclaim such that the alien can be considered one of the small 
percentage at the top of his field. Simply being able to secure employment in one's field, even a 
competitive field, is not indicative of or consistent with national or international acclaim in that field. 
Moreover, while some currently renowned artists may not have attained acclaim during their careers or 
even their lifetime, it can be presumed that many more artists never reach a level of acclaim. 
Regardless, the statute and regulations make very clear that this classification is limited to those aliens 
who have attained sustained acclaim. USCIS does not have the expertise to make subjective 
determinations of talent in the absence of acclaim. Rather, the statute and regulation require extensive 
evidence of acclaim, not merely unsupported subjective assertions of talent. 
The only original work documented in the record are the petitioner's musicals. We acknowledge that 
both were reviewed strictly in a local Chinese-American newspaper and the "Local News" section of 
another paper. The record lacks evidence that the musicals were performed at significance venues or 
that they have toured the United States. The record also lacks evidence that independent music 
directors have produced either musical. We concur with the director that the record lacks evidence that 
these two musicals constitute contributions of major significance. 
In light of the above, the petitioner has not demonstrated that he meets this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner performed in "Le Nozze di Figaro" at the University of Maryland and has performed as a 
singer/soloist at numerous concerts and Taiwanese cultural events. The director concluded that the 
petitioner had not performed at venues consistent with national or international acclaim. On appeal, 
counsel asserts that the University of Maryland is a prestigious school with a notable music program. 
Counsel notes that the petitioner's musicals were performed at the Padilla Performing Arts Center at a 
community college in Rockville, Maryland and received "excellent reviews." Counsel further asserts 
that the Sound of Taiwan series has performed across the United States and in Taiwan. Finally, counsel 
notes that the petitioner was selected as a member of the Taipei Opera Workshop and performed at 
"reputed gatherings" including an event at the Department of Justice. 
This criterion applies primarily to the visual arts. It is inherent to the field of performing arts to perform 
at performance venues. Not every performance is an exhibition or showcase of a specific singer's work, 
especially in the case of an ensemble cast. 
The petitioner's performances at the University of Maryland were student performances and are not 
indicative of or consistent with national or international acclaim. Specifically, the most renowned and 
experienced members of the field do not aspire to perform in student productions. A review of the 
remaining programs reveals that the vast majority of the petitioner's performances have been at small 
venues in the MarylandWashington D.C. area. The record contains two programs with "San Diego" 
handwritten on the programs and a program from a concert at Cornell University in New York. The 
2005 article in the Chinese-American newspaper PaciJic News appears to be the sole coverage of a 
concert outside of the MarylandWashington, D.C. area and refers to the concert as one for "friends and 
families of local communities." 
Regarding the petitioner's performances at celebrations and association events, those events do not 
constitute exhibitions or showcases of the petitioner's art. Rather, their purpose is to celebrate various 
events and welcome the former President of Taiwan. Similarly, the 2008 National Asian Pacific 
American Heritage Month event at the U.S. Department of Justice where the petitioner sang the 
National Anthem was not an exhibition or showcase of the petitioner's work. Regardless, that event 
postdates the filing of the petition and cannot be considered. See 8 C.F.R. $5 103.2(b)(l), (12); Matter 
of Katigbak, 14 I&N Dec. at 49. 
In light of the above, the petitioner has not established that he meets this criterion. Even if we were 
to conclude that the petitioner's performances meet this criterion, and we do not, for the reasons 
discussed above and below, the petitioner has not provided evidence that meets the plain language 
requirements of any other criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
On appeal, counsel does not challenge the director's conclusion that the petitioner has never claimed or 
documented that he meets this criterion. While the petitioner starred in an opera at the University of 
Maryland, we are not persuaded that every student who stars in a student production plays a leading or 
critical role for the university. While the petitioner founded Taiwan Sounds, the record lacks evidence 
that it has already garnered a distinguished reputation. While the petitioner wrote and directed two 
musicals, the record lacks evidence that they enjoy a distinguished reputation outside of Maryland 
where they were performed. Thus, we concur with the director that the record lacks evidence that the 
petitioner was selected for a critical or leading role within a distinguished organization or establishment 
such that his selection for that role is indicative of or consistent with national or international acclaim. 
Evidence of commercial successes in the performing arts, as shown by box ofice receipts or record, 
cassette, compact disk, or video sales. 
While some of the news coverage mentions the number of attendees at the petitioner's concerts, the 
petitioner did not submit box office receipts or otherwise claim to meet this criterion. Thus, we concur 
with the director that the record lacks evidence relating to this criterion, a conclusion counsel does not 
contest on appeal. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate 
that the alien has achieved sustained national or international acclaim and is one of the small percentage 
who has risen to the very top of the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished himself as a 
musical producer, singer and chorus conductor to such an extent that he may be said to have achieved 
sustained national or international acclaim or to be within the small percentage at the very top of his 
field. The evidence indicates that the petitioner shows talent as a musical producer, singer and chorus 
conductor, but is not persuasive that the petitioner's achievements set him significantly above almost all 
others in his field. 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. § 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed.