dismissed EB-1A Case: Music Promotion

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 03 199 52 1 15 Office: VERMONT SERVICE CENTER Date: 
PETITION: immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(I )(A) of the Immigration and Nationality Act, 8 U .S.C. 9 I 1 53(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 pffice that originally decided your case. Any further inquiry must be made to that office. 
i 
: lr. Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 03 199 521 15 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employn-lent-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts and business. 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. 
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. -- A,n 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 lneen 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" lneans 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. 
fj 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 field of expertise are set forth in the regulation at 
8 C.F.R. 5 204,5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that he has earned sustained national or international acclaim at the very top level. 
This petition, fited on June 24, 2003, seeks to classify the petitioner as an alien with extraordinary ability as a 
"Classical Music Promoter.'' 
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 claims eligibility under the following criteria. 
EAC 03 199 521 15 
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Documentation of the ulien's rnemhershi,~ in associations in the$eld for which class~$cation is 
sought, which require outstanding uchit~vrments of their members, as judged by recognized 
national or international experts in their disciplines or$fields. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must show that 
the association requires outstanding achievement as an essential condition for admission to membership. 
Membership requirements based on employml-nt or activity in a given field, minimum education or 
experience, recommendations by colleagues or current members, or payment of dues, do not satisfy this 
criterion as such requirements do not constitute outstanding achievements. Furthermore, the overall prestige 
of a given association is not determinative; the issue here is membership requirements rather than the 
association's overall reputation. 
On appeal, the petitioner submits a letter frorn the Association of Performing Arts Presenters (APAP) 
confirming that his company, FAS ARTS Management, is a member of the Association. The plain wording 
of this criterion, however, requires documentation establishing the petitioner's individual membership. 
Nevertheless, there is no evidence (such as membership bylaws) showing that the APAP requires outstanding 
achievement of its members, as judged by recognized experts at the national or international level. 
Published muterials about the alien in profe.ssiona1 or major trade publicutiom or other mujor 
media, relating to the ulien's work in the fieldfir which clm$cution is soughl. Such evidence 
shuN include the title, dute. and author of the materiul, und uny necessary translation. 
In order for published material to meet this criterion, it must be primarily about the petitioner and, as stated in the 
reguiations, be printed in professional or major trade publications or other mujor media. To qualify as major 
media, the publication should have significant national or international distribution. The petitioner submitted 
various articles and promotional materiats, but these items are not "about" the petitioner. Rather, these materials 
discuss or promote the various musical performers who have contracted the petitioner's company to organize 
their classical music tours. The plain wording of the regulation, however, requires "published materials about the 
alien." If the petitioner himself is not the primary subject of these articles or is not actually named in the articles, 
then such articles fail to demonstrate his individual acclaim. F:urthermore, pursuant to 8 C.F.R. 5 103.2(b)(3), 
any document containing foreign language submitted to Citizenship and Immigration Services (CIS) shall be 
accompanied by a full English language translation that the translator has certified as complete and accurate, 
and by the translator's certification that he or she is competent to translate from the foreign language into 
English. Many of the articles and promotional materials provided by the petitioner were not accompanied by 
a proper translation, nor has the petitioner submitted official data regarding their volume of readership. For 
these reasons, we find that the evidence presented by the petitioner is not adequate to show that he has been the 
primary subject of sustained national or international media attention. 
Evidence of the lrlien's. parlicipation, either individuul!y or on u panel, as a judge of the work of 
others in the same or un uIliedfieW of spec:$cutionJi,r which clm.s\.iJicution is sought. 
The petitioner submitted an informational brc.xhure pertaining to the "First International Harpsichord 
Competition" in 2000. The brochure states: "The Competition will be open to instrumentalists of all 
nationalities [sic] as long as they can prove their date of birth. Age limit is 26. . . . The juri [sic] will be 
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comprised of 3 members from different countries, all of them being major personalities of the early music 
world." 
Under the heading "Juri" are listed the names of three music professors and the petitioner. The petitioner 
offers no explanation as to why the regulatior~s state that the jury "will be comprised of 3 members," yet four 
names are listed as "juri" members. 
As previously noted, the regulation at 8 C.F.E.L. 5 204.5(h)(3) provides that "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 lbeen recognized in the field of expertise." Evidence of the 
petitioner's participation as a judge must be evaluated in terms of these requirements. For example, judging 
the work of professional musicians is of far greater probative value than evaluating amateurs. In this instance, we 
note that participation in the First International Harpsichord Competition was limited to individuals age 26 and 
under (rather than being open to established professionals). Furthermore, the record contains no evidence 
regarding the number of competitors who actually participated, the size of the audience who viewed the event, 
or the level of media attention focusing on thc competition's outcome. We cannot ignore the statute's 
demand for "extensive documentation" of sustained national or international acclaim. 
Evidence of the alien $ original scienttfic, .~cholarly, artistic, athletic, or bu.sinrss-related 
 contribution^ of major signijicance in the field. 
The petitioner submitted several letters in suppori of the petition. We cite representative examples here. 
Managing Director of the Martius-Staden Institute, states: 
Throughout 2001 and 2002, I have been in permanent contact with [the petitioner], whose services in 
the field of classical music promotions and touring 1 have come to appreciate on a number of occasions. 
[The petitioner] has organized various concerts for our Institute . . . . [The petitioner's] services have 
been marked by his outstanding professional:~sm and expertise as both connoisseur of classical music 
and tour organizer. Whenever we contracted his services as a musical promoter, he has fully responded 
to our needs and expectations. 
Managing Director, London Mozart Players (LMP), states: 
[The petitioner] organized the LMP's first evt:r tour of Brazil in the 
very successful, including concerts in the tnosit important series in bot 
[The petitioner] continues to work very actively on behalf of the London Mozart Players, and is now 
organizing a larger tour of South America for summer 2003, encompassing Argentina, Brazil and 
possibly Uruguay. From my extensive experience of work different agents throughout the world, I 
would say unequivocally that [the petitioner] is a leading representative of his field, with outstanding 
abilities in negotiation and organization. 
EAC 03 199 521 15 
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oprano Soloist, states that the petitioner promoted her tour in South America in 2002. She 
further states: 
[The petitioner's] role included approaching festival organizers and promoters in Brazil, Uruguay, 
Argentina and Chile and offering them performances by myself with London Baroque. He has 
impressed me with the quality of his connections in the music world and was able to sell our program 
through his rapport with local promoters amiclst plenty of competition (as is always the case in music), 
learnedly highlighting its musicological merit. 
bofessor for Violin at the Hlanover University of Music, and Leader of the Hanover 
7, states that the petitioner promoted tours for the orchestra in South America in 1998 and 
Curther states: 
Some of the 20 concerts he has organized for the Hanover Chamber Orchestra were part of big series in 
musically important towns such as Sao Paulo. Buenos Aires and Montevideo but some were in smaller 
cities, and were considered as cultural mission. These concerts in small towns were something of a 
very high cultural value since many of the people in the audience had never attended a classical music 
performance in their lives. This was very important in terms of building up a cultivated audience in a 
country of very high poverty rate and also in terms of cultural exchange between Brazil and Germany. 
It was done in a very original manner, using very innovative promotional strategies. 
While assisting in cultural exchange programs is certainly admirable, there is no indication the petitioner's 
role as a promoter and tour organizer rises to the level of a major national or international contribution. In 
regard to the petitioner's supporting role in bringing such events to fruition. ~rofessorstates: "[The 
petitioner's] critical role included organizing and promoting concerts of the Hanover Chamber Orchestra, 
booking the concerts, taking care of all financial aspects of the tour, looking after musicians and taking care 
of travel arrangements, and he has done with [sic] excellent skilts." There is no evidence showing that such 
activities have had a lasting influence or a substantial national or international impact in the music industry. 
We accept that the petitioner possesses unique skills and knowledge pertaining to the promotion of classical 
music events in South America. However, being an effective classical music manager does not constitute an 
original contribution of major significance in the music industry. The preceding letters indicate that the 
petitioner has successfully collaborated with local promoters in coordinating classical music concerts for his 
clients, but his ability to significantly impact the music industry in general has not been adequately 
demonstrated. 
in this case, the letters of support offered by thce petitioner were all from individuals who have utilized his 
services. This fact indicates that while the petitioner's efforts are valued by his clients, others outside of those 
with whom he does business are largely unaware of his work. With regard to the personal recommendation of 
individuals who directly utilize the petitioner's services, the source of the recommendations is a relevant 
consideration. These letters are not first-hand evidence that the petitioner has earned sustained acclaim 
beyond his immediate client base. Such letters, while not without weight, cannot form the cornerstone of a 
successful extraordinary ability claim. Section .203(b)( l )(A)(i) of the Act requires extensive documentation 
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of sustained national or international acclaim. Evidence in existence prior to the preparation of the petition is 
of greater weight than letters prepared especially for submission with the petition. An individual with 
sustained national or international acclaim should be able to produce unsolicited materials reflecting that 
acclaim. If the petitioner's reputation is mostly limited to his clients, then he has not achieved national or 
international acclaim regardless of the expertise of those witnesses. 
Evidence ofthe display of the ulien s work in the.fieldut urtistic exhibitions or showcu.ves. 
The AAO has consistently found that this partic~.~lar criterion is more appropriate for the visual arts (such as 
sculpting and painting) rather than for public performance. Not every criterion is applicable to every 
occupation. We find it implausible for the petitioner to argue that the concerts and performances he organizes 
constitutes the display of his own work (rxlher than being primarily the work of the performers). 
Nevertheless, acclaim is generally not established by the mere act of booking a public appearance, but rather 
by attracting a substantial audience. The record contains no quantitative evidence showing that the 
petitioner's bookings drew record crowds, were regular sell-out performances, or resulted in greater audiences 
than other similar performances that did not uti1iz:e the petitioner's services. 
Evidence that the ulien has performed in u kuding or criticul role for orgunizations or 
estuhlishments thut huve a disringuishcd ropulution. 
On appeal, the petitioner argues that he "played a critical role in the success of the ensembles that toured under his 
auspices." We note, however, that the petitioner vlias never a member of these organizations. Simply performing 
a logistical or promotional function for an organizition is not presumptive evidence of a "leading or critical role" 
for that same organization. 
The petitioner further states: "Obviously, these ensembles were successful due to the quality of their 
performances and musicianship as well as the excellent reviews they obtained. Nevertheless, this all could not 
have occurred without the extraordinary efforts and abilities of the petitioner." A similar argument could be 
made, however, in regard to the airline pilot who flew the plane in which the ensembles traveled to South 
America or the workers who built the stages upon which the ensembles performed. Organizing occasional 
foreign music tours for various performers and ensembles is not tantamount to a sustdned leading or critical role 
on behalf of those organizations. There is no indication that the ensembles or performers offering letters of 
support utilize the petitioner's services for the m,iijority of their annual performances (including those in their 
native countries) rather than sitnply for their performances occurring in South America, for example. Nor has the 
petitioner presented evidence to establish that the overall success of these musical ensembles is primarily 
attributable to the petitioner's talents. 
We find that the petitioner's evidence is not adequate to demonstrate that he performed in a leading or critical role 
for a distinguished organization, or that his involvement has earned him sustained national or international 
acclaim. 
Evidence that the alien has cornmunded II high sulcny or other sign$cuntly high remuneration 
for services, in relrrion to others in fhr field. 
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The petitioner submitted some recent financiali agreements executed between him and his clients. The 
petitioner, however, offers no basis for compariso~~ to show that his remuneration is significantly high in relation 
to other promoters in the music industry. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate that the 
alien has achieved sustained national or international acclaim, is one of the small percentage who has risen to 
the very top of the field of endeavor, and that the alien's entry into the United States will substantially benefit 
prospectively the United States. The petitioner in this case has failed to demonstrate that he meets at least three 
of the criteria that must be satisfied to establish the sustained national or international acclaim necessary to quaiify 
as an alien of extraordinary ability. 
Review of the record does not establish that the petitioner has distinguished himself 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 is not persuasive that the petitioner's achievements set him significantly above 
almost all others in his field at the national or international level. 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. 9 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.