dismissed EB-1A Case: Music

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
identifyir: data deleted to U.S. Citizenship 
prevent c.!;c:ar%y unwsma~bd and Immigration 
invasion of personal privacy 
FILE: Office: NEBRASKA SERVICE CENTER Date: SEP 0 9 2005 
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. fj 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
ecided your case. Any further inquiry must be made to that office. 
u Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, initially approved the employment-based immigrant 
visa petition. Upon further review, the director determined that the petition had been approved in error. The 
director properly served the petitioner with a notice of intent to revoke, and subsequently revoked the approval 
of the petition. The matter 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. $ 1153(b)(l)(A), as an alien of extraordinary ability in the 
arts. The director determined that the petitioner had not established the sustained national or international 
acclaim requisite to classification as an alien of extraordinary ability. 
Section 205 of the Act, 8 U.S.C. 3 1155, provides that "[tlhe Secretary of Homeland Security may, at any time, 
for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under 
section 1154 of this title." A director may revoke the approval of a petition on notice "when the necessity for 
the revocation comes to the attention of this Service." For the reasons discussed below, we find that the visa 
petition was initially approved in error and we uphold the director's revocation of that approval. 
Section 203(b) of the Act states, in pertinent part: 
(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. 
Specific supporting evidence must accompany the petition to document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. $ 204.5(h)(3). An alien can establish sustained national or 
international acclaim through evidence of a "one-time achievement (that is, a major, international recognized 
award)." Id. Absent such an award, an alien can establish the necessary sustained acclaim by meeting at least 
three of ten other regulatory criteria. Id. However, The weight given to evidence submitted to fulfill the 
criteria at 8 C.F.R. $ 204.5(h)(3), or under 8 C.F.R. fj 204.5(h)(4), must depend on the extent to which such 
evidence demonstrates, reflects, or is consistent with sustained national or international acclaim at the very 
top of the alien's field of endeavor. 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. $ 204.5(h)(2). 
In this case, the petitioner seeks classification as an alien with extraordinary ability in the arts as a musician. 
The record indicates that the petitioner was employed as a composer and musical performer in Egypt since 1993. 
The petitioner submitted initial evidence including documentation of his membership in and recognition by 
professional associations, awards and certificates presented to the petitioner for his musical compositions and 
contributions, performance contracts for hotels in Egypt and other countries, and two letters from U.S. 
establishments expressing interest in hiring the petitioner. The petition was initially approved. 
On June 28,2004, the director issued a Notice of Intent to Revoke (NOIR) the petition. In response, petitioner's 
former counsel submitted a brief and 36 exhibits including additional evidence regarding the petitioner's 
awards, musical association membership, performances, two cassette tapes and one compact disc of his musical 
recordings, and three videotapes of his work, performances and television interviews. The director determined 
that the initial evidence and additional documentation submitted in response to the NOIR did not establish the 
requisite sustained acclaim. Self-represented on appeal, the petitioner submits a letter and copies of documents 
previously submitted, but no new evidence. We address the initial and subsequent evidence along with the 
claims of the petitioner and his former counsel in the following discussion of the regulatory criteria relevant to 
the petitioner's case. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or awards 
for excellence in thejield of endemor. 
The petitioner initially submitted certificates from the NCR corporation and the SURE art corporation 
congratulating him for his creation and composition of "the golden Album" that took "the best Album for 1999." 
In his NOIR response, the petitioner submitted a letter fro chief Executive Officer of the 
ewspaper, explaining that the petitioner "was awar e t e tlt e of Best Music Composer for the 
1999, for his Album entitled at the International Art Contest sponsored by the 
Newspaper. qlains that "[hlundreds of Arab artists participate in this contest, where d elr wor is 
evaluated for one wee y a qualified committee of great artists from the Arab World." The NOIR response 
also includes a copy of the 1999 contest announcement stating that the contest is for "professional Artists" and 
is open only to Egyptian artists who are members of the Association of Music Professions and Performing Arts 
or the Association of Writers and Authors, or to foreign artists who obtain prior approval from one of these 
associations. The announcement states that the "total value of the wards [sic] is approximated by [sic] 2 million 
Egyptian Pounds, which will be distributed among the winners, the ending ceremony and the award distribution 
will be broadcasted live on ART Music Channel on 1113011999. The record also contains a photograph of the 
petitioner with his Best Album award and an audiocassette tape of his "Dahab" album. 
The petitioner also initially submitted a certificate presented to 
Radio and Television Manager," in appreciation of the petitioner's 
hich has took [sic] the best song 
ame year." In his NOIR response, 
composing of the song 
presented to the petitioner "for his marvelous efforts in music 
which won the International Video Clip Oscar for the year 2000." An 
ins that the festival "was sponsored by the 
governor of Brigadier General 87 participating art works were screened 
In a list of the awards presented, 
from Egypt." The article further 
Page 4 
of Artist hedeed whose 
inger of the award winning song for best music composing 
States of Americ 
' as performed by and in which he petitioner 
of the pet~t~oner and 
Egyptian Television Channel Five. cbroadcast on 
A second certificate, entitled "Certificate of Recognition" and submitted with the NOIR response, was presented 
to the petitioner by the Administration of Festival for Radio and ~eleiision ~rod;ctions to 
thank him for his "distinguished work for e program music of the movie which won the 
gold prize for the year 200 1 ." The record contains no evidence of the sign1 lcance o this festival or whether the - 
petitioner was identified on the referenced "gold prize." 
The NOIR response also includes a letter dated August 4, 2004 from the Association of Radio and Television in 
Cairo, Egypt certifying that the petitioner "carried out numerous performances for the Radio and Television 
which ranked first in contests and polls which take place every year." The letter lists eight "variety programs" 
which won first place awards for best music and composing from 1996 to 2000. The petitioner submitted 
videotapes of excerpts of these programs featuring his musical compositions. The Association's letter then lists 
four songs which won awards for best musical composition, best duet and best song, all of which were 
composed by the petitioner and two of which were sung in duet by the petitioner and two other artists. The 
submitted videotapes contain musical videos of three of these songs. Finally, the Association's letter lists three 
television series which won awards for best program music which was composed by the petitioner. An excerpt 
from one of these series featuring the petitioner's music is included on one of the submitted videotapes. The 
petitioner's role in another of these series is verified by a "Certificate of Recognition" presented to the etitioner 
his "efforts in composing and executing the program music for the serie 
which won the honor category prize in Cairo Fifth International Festiva n o Radio & 
1999." As noted by the director, the Association's letter provides only secondary 
evidence of the listed awards. In addition, the letter fails to specifically identify the yearly "contests and polls" 
which resulted in the awards. 
The record also contains numerous certificates of appreciation presented to the petitioner by various 
organizations for his musical work. The petitioner submitted no evidence that any of these expressions of 
gratitude constitute nationally or internationally recognized prizes or awards for musical excellence. 
In sum, the record demonstrates that the nationally recognized awards for his 1999 album 
and his composition of the which won awards in 1997 and 2000. Certificates 
from the granting receipt of these awards. The petitioner also 
received media coverage in Egypt in connection with the latter awards. This evidence demonstrates sustained 
national acclaim and thus satisfies this criterion. 
(ii) Documentation of the alien's membership in associations in theJield for which classificution is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines or$elds. 
Page 5 
The petitioner claims to meet this criterion through his association with the American Federation of Musicians 
(AFM), the Arab Republic of Egypt Musical Profession Syndicate (ESM), and the Broadcasting and Television 
Union at Alexandria, Egypt. 
dated August 24, 2000 from 
itioner's first counsel. The lett 
Consultation on Behalf o The letter states that that AFM's advisory opinion is that the 
petitioner is "a pianist of extraordinary ability . . . Accordingly, we have no objection to the granting of this 
petition." The letter does not state that the petitioner is an AFM member. In addition, the submitted printouts 
from AFM's website do not document the Federation's membership criteria or state that outstanding 
achievements are prerequisite to AFM membership. 
The record contains a copy of Membership card. In his NOIR response, the 
petitioner submitted a letter ESM Director, who explains that although many Arab 
artists seek to join the ESM, art history or holding distinguished art 
skills are accepted where high artists and musicians conduct a lot of tests before membership is granted. 
Members of the Egyptian Association of Music Professions are allowed to work in all Arab and Non-Arab 
countries since it is a universal association and recognized by all countries of the world." On appeal, the 
petitioner states that ESM membership thereby requires both "proficiency and outstanding ability as well" 
because applicants are first evaluated for proficiency and then "go to a higher committee to demonstrate the 
outstanding ability." Yet the ESM letter does not corroborate this alleged two-tier testing and the petitioner 
submits no additional supporting evidence on appeal. Simply going on record without supporting documentary 
evidence is not sufficient to meet the burden of proof in these proceedings. Matter of Soflci, 22 I&N Dec. 158, 
165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Moreover, even if the record documented this "outstanding ability" requirement, AFM membership would still 
not meet this criterion because the regulation specifies that an association must require outstanding 
achievements of its members, not just outstanding ability or talent. The submitted evidence indicates that AFM 
membership is a professional credential which allows musicians to work in Egypt and other countries, but the 
documents do not demonstrate that outstanding achievements are prerequisite to AFM membership. 
Accordingly, the petitioner's AFM membership does not meet this criterion. 
The petitioner initially submitted a certificate and a letter purportedly from the Broadcasting and Television 
Union at Alexandria that allegedly evidence the petitioner's accreditation as a "musical executor." However, 
these documents were submitted with uncertified English translations. Hence, we cannot determine if they 
support the petitioner's eligibility under this criterion. See 8 C.F.R. fj 103.2(b)(3). On appeal, the petitioner did 
not submit certified translations of these documents or any other evidence of his membership in this union. 
Accordingly, the petitioner does not meet this criterion. 
(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 ofthe material, and any necessary translation. 
The petitioner initially submitted five articles as evidence under this criterion. Three of these articles are 
accompanied by uncertified English translations. Without complete and certified translations of these 
documents, we cannot determine if they support the petitioner's eligibility under this criterion. See 8 C.F.R. 
5 103,2(b)(3). A fourth article is accompanied by an incomplete English translation which does not identifjr the 
title, date, author or source of the article as required by the regulation. See 8 C.F.R. 9 204.5(h)(3)(iii). A fifth 
article is accompanied by an English translation that does not include the date or author of the original article. 
In addition, the record contains no evidence that any of these articles were published in professional, major trade 
publications or other major media. Consequently, none of these five articles satisfy this criterion. 
In his NOIR response, the petitioner's prior counsel cited five additional articles as evidence under this category. 
Two of these articles, (one included in the 
other printed in the August 1, 2004 edition o 
petition was filed and consequently cannot 
filing; a petition cannot be approved at a future date after the petitioner becomes eligible under a new set of 
facts. See 8 C.F.R. 8 103.2(b)(12), Matter of Katigbak, 14 I&N Dec. 45, 49 (Comm. 1971). The remaining 
three articles discuss the petitioner and his work, but the record contains no evidence that they were published in 
professional, major trade publications or other major media. The NOIR response also contained videotapes of 
five interviews with the petitioner purportedly broadcast on "Egyptian TV, Channel 5 during the period 1995 - 
1999." Yet the videotapes were submitted without certified English translations of the interviews as required by 
the regulation at 8 C.F.R. 8 103.2(b)(3). The a letter dated September 15, 2004 
from Radio and TV Orient Chief Executive Officer states that the petitioner has "been 
featured on our programs numerous times," to corroborate this claim. 
Simply going on record without supporting documentary evidence is not sufficient to meet the burden of proof 
in these proceedings. SofJici, 22 I&N Dec. at 165. Consequently, none of the articles or television interviews 
submitted with the NOIR response meet this criterion. 
On appeal, the petitioner submits copies of six articles previously submitted and claims "[pllus so many others" 
evidence his eligibility under this category. Yet the petitioner submits no additional evidence of published 
materials about himself and his work on appeal. Again, simply going on record without supporting documentary 
evidence is not sufficient to meet the burden of proof in these proceedings. SofJici, 22 I&N Dec. at 165. 
Accordingly, the petitioner does not meet this criterion. 
(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 alIiedJield of specijication for which class$cation is sought. 
The petitioner did not claim eligibility under this criterion, but the record contains relevant evidence which 
merits brief discussion. The petitioner submitted a "Certificate of Appreciation" awarded to him by the 
Management of 
d 
Education, Alexandria, Egypt "in appreciation for his continuous effort in the 
Musical Activities an teaching the childrens [sic] for the academic year 1989/1990, also, for his achievement of 
winning the first place in the country level in training the children." The record also contains a document dated 
November 23, 1999 from the Institute of Arab Music certifying that the petitioner was "commissioned to work 
as a piano instructor since 1994." While musical instruction requires judging the work of students, duties or 
activities which.nominally fall under a given regulatory criterion at 8 C.F.R. ?j 204.5(h)(3) do not demonstrate 
national or international acclaim if they are inherent or routine in the occupation itself, or in a substantial 
proportion of positions within that occupation. The petitioner submitted no evidence that he has judged of the 
work of other musicians in his field in a manner significantly outside the general duties of his teaching positions 
and reflective of national or international acclaim. Accordingly, he does not meet this criterion. 
(v) Evidence of the alien's original scientiJic, scholarly. artistic, athletic, or business-related contributions of 
major signiJicance in the3eld. 
The petitioner also did not claim eligibility under this criterion, but the record contains relevant evidence which 
merits discussion. An undated article from Good Night Magazine explains, "Although [the petitioner has been] 
in the business for over twenty years, and although so many tried to imitate him, yet, with his high feelings and 
talent he managed to keep his own enhanced words and music composure. Usually a song is forgotten after [a] 
few minutes when it is heard for the first time, with [the petitioner] it is different, it is so easy to remember and 
live with his outstanding songs and music." Another partial translation of an undated article from an 
unidentified source submitted with the petition as Exhibit 23 reports that the petitioner is "the first composer of 
his generation to take up singing professionally" and that he "always presents innovative ideas for the music 
industry. . . . [He] has been the exemplary music distributor who does not put on a display of his gadgets as 
much as serves the spirit of the tune. He has rejected commercial tunes and has focused instead on creating very 
elegant melodies." While these articles discuss the petitioner's musical contributions, the record does not state 
the date of these articles or show that they were featured in nationally or internationally circulated publications. 
Hence, we cannot determine whether the articles evidence the petitioner's contributions in a manner consistent 
with the requisite sustained acclaim. 
In an undated letter submitted with the petition owner oestaurant in Cleveland, Ohio, 
explains that she has hired many musicians an is interested in employing the petitioner because he "is a 
singerhongwriter whose exceptional vocal quality and diverse. Song [sic] writing ability make him an artist -- - 
worth listening to. [The petitioner] creates a unique musical blend of melodic pop by placing a strong emphasis 
on the song itselfl,] song writing is his assion. He] delivers songs that are both moving and memorable." The 
record does not establish, however, tha w s an expert in Egyptian or Middle Eastern music, rather than a 
restaurant owner who has hired many Middle Eastern musicians to perform at her establishment. Her 
assessment of the petitioner's musical accomplishments is thus of little probative value. 
With his NOIR response, the petitioner submitted other materials that discuss his musical contributions. The 
article entitled "Face to Face" and published in the January, 1995 edition of AI-Khalij magazine describes the 
reporter's reaction to one of the petitioner's performances in Bahrain: The petitioner produced "the finest old 
music with modem distribution. I the east combined with the creati;ity of the west. . . . This 
was the first time I ever saw Artist and his music band 'Shurouq,' which signifies a new sunrise 
over the world of Arabic music. contains no evidence that A/-Khalii is a nationallv or 
internationally circulated magazine, publication in which would reflect national or international acclaim. In 
addition, this article was published in 1995, six years before this petition was filed, and does not by itself 
demonstrate sustained acclaim. The videotapes submitted with the NOIR response include five interviews with 
the petitioner and other musicians purportedly broadcast on "Egyptian TV, Channel 5." Yet the interviews were 
not translated and we consequently cannot determine if they support the petitioner's eligibility under this 
criterion. See 8 C.F.R. 3 204.5(h)(3)(iii). 
On appeal, the petitioner also describes two compositions that he considers "the most sensitive in my career and 
acclaim I performed [sic]." The petitioner explains that in 1996 the Egyptian 
presiden was visiting Ethiopia where he was attacked in an unsuccessfUl assassination attempt. 
"Director of the Egyptian Radio and Television Union contacted me at 2:00 PM 
(15 minutes after the attempt) and I was asked to do the Following: [sic] 1. Compose a soundtrack for the 
scenes of the attempt . . . . 2. Compose a song for a group of Egyptian singers to congratulate the president for 
his survival. Both of those musical works I have done were broadcasted over all national TV channels all the 
time during which the media were covering the event." The record contains a videotape of "National Song 
Page 10 
very top of his field. He is thus ineligible for classification as an alien with extraordinary ability pursuant to 
section 203(b)(l)(A) of the Act, 8 U.S.C. 9 1 153(b)(l)(A), and his 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. 3 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be 
dismissed. 
ORDER: The appeal is dismissed. 
---- - 
Page 9 
The record contains copies of four employment contracts demonstrating that the petitioner was hired to perform 
music at hotel bars, restaurants and one entertainment club for the sum of 250 Egyptian pounds for three 
months, 40 Egyptian pounds per night, $220 per day, and $750 per week. Yet the petitioner submitted no 
evidence that his remuneration was significantly higher than other Middle Eastern musicians or comparable to 
such musicians at the very top of their field. Accordingly, he does not meet this criterion. 
(x) Evidence of commercial successes in the performing arts, as shown by box oflce receipts or record, 
cassette, compact disk, or video sales. 
The record indicates that the petitioner's album, "Dahab" won an award as Best Album of 1999 in Egypt and 
that several of his compositions performed by other singers were highly popular in Egypt. However, the 
petitioner submitted no evidence of his commercial success in the form of record or compact disc sales, as 
required by the regulation. Accordingly, the petitioner does not meet this criterion. 
The record demonstrates that the petitioner meets only the first criterion and thus has not established the 
sustained acclaim requisite to classification as an alien with extraordinary ability. In his NOIR response, the 
petitioner's prior counsel contended that the petition should not be revoked for two reasons. First, prior counsel 
claimed that CIS policy mandates deference to prior approvals unless there was a material error with the 
approval or there has been a substantial change in circumstances, none of which were present in this case. In 
support of his position a CIS policy memorandum on the extension of nonimmigrant 
petitions. Memo. from ssoc. Dir. For Operations, U.S. Citizenship and Immig. Servs., to 
Serv. Ctr. Dirs. And Reg. Dirs., The SigniJicance of a Prior CIS Approval of a Nonimmigrant Petition in the 
Context of a Subseqztent Determination Regarding Eligibility for Extension of Petition Validity, (Apr. 23,2004). 
This memorandum applies only to nonimmigrant petitions and is inapplicable to this case which concerns a 
petition for immigrant status under section 203(b)(l)(A) of the Act, 8 U.S.C. 5 1153(b)(l)(A). 
Second, prior counsel claimed that the petitioner "was granted an '0 visa,' which requires virtually the same 
proof of extraordinary ability." Although the words "extraordinary ability" are used in the Act for both the 
nonimmigrant 0-1 classification and the first preference employment-based immigrant classification, the 
applicable regulations define the terms differently for each classification. The 0-1 regulation explicitly states 
that "[e]xtraordinary ability in the field of arts means distinction." 8 C.F.R. 5 214.2(3)(ii). "Distinction" is a 
lower standard than that required for the immigrant classification, which defines 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. 5 204.5(h)(2). The evidentiary criteria for these two classifications also differ in 
several respects, for example, nominations for awards or prizes are acceptable evidence of 0-1 eligibility, 8 
C.F.R. 9 214.2 (3)(iv)(A), but the immigrant classification requires actual receipt of awards or prizes. 8 C.F.R. 
9 204.5(h)(3)(i). Given the clear regulatory distinction between these two classifications, the petitioner's prior 
receipt of 0-1 nonimmigrant classification is not evidence of his eligibility for immigrant classification as an 
alien with extraordinary ability. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act, 8 U.S.C. 9 1153(b)(l)(A), 
only if the alien can establish extraordinary ability through extensive documentation of sustained national or 
international acclaim demonstrating that the alien has risen to the very top of his or her field. The evidence in 
this case indicates that the petitioner was a successful musician and composer in Egypt. However, the record 
does not establish that the petitioner had achieved sustained national or international acclaim placing him at the 
entitled 'Hawalik,"' which was composed by the petitioner and accompanies scenes of President Mubarak 
addressing cheering crowds. Yet the record contains no evidence that this work was broadcast on "all national 
TV channels" in Egypt. The record also contains no evidence of the petitioner's purported soundtrack for 
scenes of the assassination attempt. The petitioner states that his work "can be authenticated with all the details 
of the event from the Egyptian Radio and ~e'levision Union," but he submits no such authentication on appeal 
despite the fact that the burden of proof in visa petition proceedings remains entirely with the petitioner. 
Section 291 of the Act, 8 U.S.C. 9 1361. 
The record indicates that the petitioner has had a successful musical career based on his distinctive 
compositions. However, much of the submitted media coverage of the petitioner is not translated or was only 
partially translated. The record also does not document that the submitted magazine articles, television 
interviews and "national song" were circulated or broadcast across Egypt or internationally. Thus the record 
does not establish that the petitioner's work has been recognized as making major contributions to his field in 
a manner reflective of the requisite sustained acclaim. Accordingly, the petitioner does not meet this 
criterion. 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner submitted videotapes of his musical compositions for various television programs in Egypt, many 
of which won awards as confirmed by the letter from the Egyptian Association of Radio and Television 
submitted with the NOIR response (and discussed above under the first criterion). Numerous certificates of 
appreciation and two media articles submitted with the NOIR response confirm that the petitioner composed 
music for Egyptian and Syrian television programs. However, the broadcast of television programs with 
musical themes composed by the petitioner is not equivalent to the display of the petitioner's work at artistic 
exhibitions or showcases (such as professional concerts or musical festivals) because the focus of the broadcast 
is the television program, not the petitioner's music. 
The record also contains evidence that the petitioner performed at various establishments throughout the Middle 
East and in the United States including the Mercure Hotel in Alexandria El-Waha Hotel in Syria; the 
AI-Arz Hotel in Lebanon; the Weiner Haus Hotel in Beirut; and the , Oasis, and Gulf hotels in 
Bahrain. The record also shows that at the time of filing the petitioner was employed by the Top of the Flats 
entertainment club in Cleveland, Ohio. The NOIR response includes a letter from the Director of the Dubai 
International Marketing Festival inviting the petitioner to perform at the festival in March 2000, but no evidence 
of the petitioner's actual performance at this festival. 
The record does not demonstrate, however, that the petitioner has performed at concert halls or other venues 
dedicated to musical performances. Instead, several employment contracts submitted with the petition show that 
the petitioner was hired to perform at hotel bars and restaurants and the record contains no evidence that Middle 
Eastern musicians at the very top of their field regularly perform at such commercial establishments. 
Accordingly, the petitioner's performances at hotels and an entertainment club do not reflect national or 
international acclaim as a musician and he does not meet this criterion. 
(ix) Evidence that the alien has commanded a high salary or other signiJicantly high remuneration for 
services, in relation to others in the field.