dismissed EB-1A Case: Music

adentifyhg data &Id to 
preveut clearly unwarranted 
~nvmion of omnal grlvam 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBLIC COPY 
Office: TEXAS SERVICE CENTER 
 Date: JUN 2 9 2006 
IN RE: 
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. 
Administrative Appeals Office 
/ 1 
DISCUSSION: The Director, Texas Service Center, denied the employrnent-based immigrant visa 
petition, which is now before the Administrative Appeals Ofice 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 qualifL for classification as an alien of extraordinary ability. In the denial, the director stated that 
translations were not part of the record. 
On appeal, the petitioner submits new evidence. The petitioner asserts that the translations were not 
previously submitted due to prior counsel's "misrepresentation." Thus, we presume that the petitioner 
is now self-represented. The director, however, erred in concluding that the record did not contain 
translations. 
Any appeal based upon a claim of ineffective assistance of counsel requires: (1) that the claim be 
supported by an affidavit of the allegedly aggrieved respondent setting forth in detail the agreement 
that was entered into with counsel with respect to the actions to be taken and what representations 
counsel did or did not make to the respondent in this regard, (2) that counsel whose integrity or 
competence is being impugned be informed of the allegations leveled against him and be given an 
opportunity to respond, and (3) that the appeal or motion reflect whether a complaint has been filed 
with appropriate disciplinary authorities with respect to any violation of counsel's ethical or legal 
responsibilities, and if not, why not. Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), aff'd, 857 F.2d 
10 (1st Cir. 1988). 
The petitioner did not provide any evidence of her agreement with prior counsel or that prior counsel 
had been afforded an opportunity to respond to the petitioner's allegations. The petitioner also did 
not indicate whether she had filed a complaint with the appropriate authorities. In light of the above, 
the petitioner has not established any ineffective assistance by prior counsel. Regardless, the basis of 
the claim of ineffective assistance of counsel, that prior counsel failed to submit the required 
translations, is not supported by the record. Contrary to the director's statements on this issue, 
translations were included in the initial submission. 
As stated above, the director erred in concluding that the petitioner failed to submit the required 
translations initially. This error relates to the awards and published materials criteria, set forth at 
8 C.F.R. 5 204.5(h)(3)(i), (iii). For the reasons discussed below, however, while we withdraw the 
director's findings regarding translations, we uphold the director's ultimate finding that the petitioner 
does not meet at least three of the regulatory criteria. Rather, we find that while the petitioner 
submitted persuasive evidence for two criteria, awards and display, 8 C.F.R. 5 204.5(h)(3)(i), (vii), even 
that evidence is from 1997 or earlier. As such, it is not indicative of sustained acclaim in 2005, when 
the petition was filed. 
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 
intemational 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 to the United States will substantially benefit 
prospectively the United States. 
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. tj 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 she has sustained national or 
international acclaim at the very top level. We note that the petitioner has resided in the United States 
since November 1997, according to Part 3 of the petition. In order to demonstrate eligibility, she must 
demonstrate sustained acclaim as of June 2005, when the petition was filed. 
This petition seeks to classifL the petitioner as an alien with extraordinary ability as a vocalist1 
musicologist. The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained 
national or intemational 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 qualifL as an alien of extraordinary ability. The petitioner has submitted evidence that, she 
claims, meets 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. 
1 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Page 4 
The petitioner initially submitted her 2002 First Place - Third Year College Women certificate issued 
by the National Association of Teachers of Singing (NATS), South Florida Chapter and six Spanish- 
language certificates from 1993 through 1997. The petitioner did not submit individual translations for 
each certificate. 
 Rather, the petitioner submitted an English summary of the certificates. 
 The 
translations reveal that the certificates all recognize the petitioner's participation in various events, but 
do not suggest that the ~etitioner won anv awards or vrizes. 
Profess 
 of Colombia University asserts that the petitioner "participated in the most 
important Andean Folk Music Festival before leaving Colombia, where she was selected as a winner of 
the Mono Nuiiez Prize (Mono Nuiiez is the name of the festival)." Professo pcates that the 
festival was in "the early 1990's." The only certificate translation to re erence "Mono Nuiiez" 
provides: 
FUNMUSICA certifies that [the petitioner] participated in the 11 meeting on Musical 
Interview celebrated during the 4, 5 and 6 days of June 1996 in the Hacienda El Paraiso 
- Valle del Cauca, in the XXII festival "Mono Nuiiez," lasting 22 hours. 
Nothing in the translation indicates that the petitioner won any prize at this festival. The news articles 
reveal that the petitioner was a finalist at the VIII Festival de la Cancion in 1982, a winner at the Third 
Festival of Sought Colombia Golden Conqueror in 1987, a second place winner at the 1988 Mono 
Nufiez, the winner of the Golden Pipinth at the Pasillo Festival in 1992, and a winner at the First 
National Competition of Bambuco in 1992. 
Executive Preside 
 SICA, asserts that the petitioner was a member of the 
. According to Mr. 
Among the duo's achievements are: first prize at the VII Festival Universitario de 
Duetos (1992), first prize at the XIV Concurso Nacional de Duetos "Hermanos 
Moncada" (1992), first prize at the 111 Festival Nacional del Pasillo "Hermanos 
Hernandez" (1993). first vrize and Winner of Winners at the 11 Concurso Nacional del 
In response to the director's notice of intent to deny, prior counsel asserted that the petitioner had 
already documented her receipt of the "Mono Nuiiez" prize at "the most important Andean music 
festival." Prior counsel referenced Professo 
 letter. 
The director concluded that the petitioner had not submitted translations of her Spanish-language 
certificates and concluded that the NATS certificate was not nationally or internationally recomized. 
- 
xecutive Director of 
Tascon and M 
 won the Mono Nufiez prize in 1994. Mr. 
asserts that the award included a cash prize of 2,000,000 pesos (approximately $2,420). None of the 
award certificates are dated 1994 and none of the published materials reference any festivals in 1994. 
While the petitioner participated in festivals through 1997, she does not appear to have won any prizes 
or awards after 1994, other than the student award issued by a local Florida chapter of NATS. Thus, 
the petitioner has not established that she meets this criterion with evidence of sustained acclaim in 
2005. 
Documentation of the alien's membership in associations in the field for which classzfication is 
sought, which require outstanding achievenzents of their members, as judged by recognized national 
or international experts in their disciplines orJields. 
The petitioner claims to meet this criterion for the first time on appeal. The petitioner resubmits 
evidence that she is a member of Local 655 of the American Federation of Musicians (AFM) of the 
South Florida Musicians Association and submits materials about the association. The association 
represents 100,000 professional members. The record contains no evidence that the association 
requires outstanding achievements of its members. Rather, it appears to be a union open to those 
working in the field. An ability to work in one's field, even a competitive field, is not an outstanding 
achievement. 
In light of the above, the petitioner has not established that she meets this criterion. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for which classzfication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
Initially, the petitioner submitted published materials about festivals in which she participated, most of 
which mention her by name. Most of the articles were published between 1982 and 1993, with a single 
article published in 2002 and another article in 2004. The petitioner also submitted two compact discs 
purportedly of her radio interviews. 
In response to the director's request for additional evidence, the petitioner submitted a letter fro 
, Director of the Department of Libraries and Arts, asserting that the newspapers 
the above articles appeared were the main newspapers for the cities they served: ~o~otii-~ereira, Cali 
and Manizales. According to Mr. petitioner also appeared on Caracol Radio, the "[mlost 
important radio station in Colombia. 
The director concluded that without translations, no analysis of the evidence was possible. On appeal, 
the petitioner submits her own translations, which she certified. As discussed above, however, the 
original submission included translations. Thus, we withdraw the director's finding to the contrary. 
Nevertheless, all of the articles from 1982 through 1993 are about specific events in which the 
petitioner participated. None of those articles are "about" the petitioner. The 2002 article is in El 
Nuevo Herald, a Florida publication. The record lacks evidence that this publication enjoys a national 
circulation. The 2004 article appears in El Tiempo, a Bogota paper. While Mr. asserts that this 
paper is the "main newspaper" for Bogota, the record lacks evidence that it enjoys a national 
circulation. Moreover, the one-paragraph article appears in the "People" section. The petitioner has 
not established that this section appears in a nationally circulated edition. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of the alien's original scientzfic, scholarly, artistic, athletic, or business-related 
contributions of major signzficance in the field. 
Initially, prior counsel asserted that the petitioner has been "repeatedly credited with pioneering a 
movement that uni uel combines classical symphonic and operatic music with traditional Colombia 
folk music." Ms. asserts that the petitioner's repertoire allows for the "ossibility of bridging 
Colombian Andean music with European classical music." (Emphasis added.) The petitioner also 
submitted letters from her colleagues in Florida and Ohio who raise her skill. They do not explain 
how she has impacted her field at the national level. Professor -asserts that the petitioner 
has procured Colombia folk melodies for him to edit that he intends to perform with the petitioner as a 
guest soloist. He fiu-ther asserts that the petitioner will be his representative in Colombia, using his 
teaching methods. These statements do not suggest an original 
singing that is recognized nationally as having major significance. 
 Consul 
General of Colombia in Coral Gables, Florida, asserts that 
culture, but does not explain how singing traditional folk songs is original or how it constitutes a 
contribution of major significance. 
In response to the director's request for additional evidence, Mr. 
 asserts that the petitioner has 
mastered and integrated two distinct types of music and that she has I buted to Colombian culture. 
The director concluded that Mr. 
 id not provide his credentials and that the remaining witness 
letters did not identify specific 
 On appeal, the petitioner asserts that the letters submitted 
are sufficient to demonstrate that she meets this criterion. She submits a new letter from - - founder of Concurso Nacional del Bambuco, a nonprofit organization to promote 
traditional Bambuco music. 
 He discusses her awards at Bambuco festivals and asserts that her 
contribution is that "she has raised the quality level of performance at this event and sustains the 
Musical Tradition of Colombia for posterity." 
The opinions of experts in the field, while not without weight, cannot form the cornerstone of a 
successful claim of sustained national or international acclaim. Citizenship and Immigration 
Services (CIS) may, in its discretion, use as advisory opinions statements submitted as expert 
testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm. 1988). However, CIS 
is ultimately responsible for making the final determination regarding an alien's eligibility for the 
benefit sought. Id. The submission of letters from experts supporting the petition is not presumptive 
evidence of eligibility; CIS may evaluate the content of those letters as to whether they support the 
alien's eligibility. See id. at 795-796. CIS may even give less weight to an opinion that is not 
corroborated, in accord with other information or is in any way questionable. Id. at 795; See also 
Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
In evaluating the reference letters, we note that letters containing mere assertions of "extraordinary" 
skill, widespread acclaim or vague claims of contributions are less persuasive than letters that 
specifically identify contributions and provide specific examples of how those contributions have 
influenced the field. According to the regulation at 8 C.F.R. 5 204.5(h)(3)(v), an alien's 
contributions must be not only original but of major significance. We must presume that the phrase 
"major significance" is not superfluous and, thus, that it has some meaning. We concur with the 
director that the letters do not identify specific contributions and explain how those contributions 
have had a demonstrable impact on the field. Thus, the petitioner has not established that she meets 
this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
Initially, prior counsel asserted that the petitioner's work "has been the subject of numerous 
presentations." He references ''numerous concerts and recitals at venues across the United States and 
abroad." The exhibit list notes that the petitioner's resume details the petitioner's "numerous 
performances." In response to the notice of int 
w 
eny, prior counsel asseked that the newspaper 
articles and letters from Ms. and Mr. 
 support the petitioner's eligibility under this 
criterion. The petitioner also submitted programs for the petitioner's performances. 
The director concluded that the evidence of the petitioner's presentations did not set her apart from 
others in her field. On appeal, the petitioner lists evidence that relates to this criterion. 
This criterion most clearly applies to the field of visual arts. It is inherent to the field of performing arts 
to perform on stage. Not every performance is an artistic exhibition or showcase. The evidence for a 
performing artist must be evaluated as to whether it is comparable with the exclusive exhibitions 
designed to showcase an artist's work that would serve to meet this criterion in the visual arts. 
The Colombian festivals where the petitioner performed are persuasive evidence relating to this 
criterion. Since arriving in the United States in 1997, however, the petitioner has performed at 
churches and other local venues in Florida and Ohio where she resided. Thus, the evidence submitted 
to meet this criterion is not evidence of sustained acclaim at a national level in 2005. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Prior counsel asserted that the petitioner's performances at prestigious venues serve to meet this 
criterion. The director did not directly address this criterion. The petitioner no longer claims to meet 
this criterion on appeal. Not every performer at a prestigious venue plays a leading or critical role for 
that venue. Far more persuasive evidence for a musical performing artist would be evidence of ticket 
sales at these venues as required under the commercial success criterion set forth at 8 C.F.R. 
5 204.5(h)(3)(x). Moreover, as discussed above, the record lacks evidence that the petitioner has 
performed at venues with a national reputation after arriving in the United States in 1997. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence that the alien has commanded a high salary or other signzficantly high remuneration for 
services, in relation to others in thefield. 
The petitioner asserts for the first time on appeal that her prize money serves to meet this criterion. We 
have already considered the petitioner's prizes above pursuant to the criterion set forth at 8 C.F.R. 
5 204.5(h)(3)(i). Prize money is not remuneration for services. As such, these awards cannot also be 
considered under this criterion. Moreover, the petitioner submitted evidence of general minimum 
monthly salaries for comparison purposes. At issue is not whether the petitioner earned remuneration 
greater than the minimum remuneration for all Colombians, regardless of field. At issue is whether the 
petitioner's remuneration compared with the highest paid vocalists in Colombia. 
In light of the above, the petitioner has not established that she meets this criterion. 
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 herself as a 
vocalist/musicologist to such an extent that she may be said to have achieved sustained national or 
international acclaim or to be within the small percentage at the very top of her field. The evidence 
indicates that the petitioner shows talent as a vocalist/musicologist, but is not persuasive that the 
petitioner's achievements set her significantly above almost all others in her 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. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed.