dismissed EB-1A Case: Opera Singing

MATTER OF M-K-L-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 11, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an opera singer, seeks classification as an "alien of extraordinary ability" in the arts. 
See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This 
first preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements 
have been recognized in their field through extensive documentation. 
The Director, Nebraska Service Center, denied the petition. The Director concluded that the 
Petitioner did not satisfy any initial evidence criteria, when evidence satisfying at least three criteria 
is required. 
The Petitioner appeals the matter to us and submits additional evidence and a brief. She indicates 
that she has satisfied at least three initial evidence criteria and has shown her extraordinary ability as 
an opera smger. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
The Petitioner may demonstrate her extraordinary ability through sustained national or international 
acclaim and achievements that have been recognized in her field through extensive documentation. 
Specifically, section 203(b)(l)(A) ofthe Act states: 
Aliens with extraordinary ability. --An alien is described in this subparagraph if-
(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 
Matter of M-K-L-S-
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. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.P.R. § 204.5(h)(2). The implementing regulation 
at 8 C.P.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate 
sustained acclaim and the recognition of his or her achievements in the field through a one-time 
achievement (that is, a major, internationally recognized award). If the petitioner does not submit 
this evidence, then he or she must provide sufficient qualifying documentation that meets at least 
three ofthe ten categories listed at 8 C.P.R.§ 204.5(h)(3)(i)- (x). 
Satisfaction of at least three criteria, however, does not, in and of itself, estabiish eligibility for this 
classification. See Kazarian v. USC IS, 596 F .3d 1115 (9th Cir. 201 0) (discussing a two-part review 
where the documentation is first counted and then, if fulfilling the required number of criteria, 
considered in the context of a final merits determination); see also Visinscaia v. Beers, 4 F. Supp. 3d 
126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011); Matter of 
Chawathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that the "truth is to be determined not by the 
quantity of evidence alone but by its quality" and that we examine "each piece of evidence for 
relevance, probative value, and credibility, both individually and within the context of the totality of 
the evidence, to determine whether the fact to be proven is probably true"). 
II. ANALYSIS 
The Petitioner is a soprano opera singer. The Director found the Petitioner did not submit the 
necessary initial evidence because she did not demonstrate her receipt of a major, internationally 
recognized award or provide documentation satisfying at least three of the criteria listed at 8 C.P.R. 
§ 204.5(h)(3)(i)- (x). Upon de novo review, we find that the Petitioner has submitted sufficient 
initial evidence to meet the following three criteria.1 She has not, however, shown her extraordinary 
ability because she did not establish she is one of the small percentage who has risen to the very top 
of the field. 
1 Because the Petitioner meets three criteria, we will not address the remaining criteria claimed. We consider the entire 
record of evidence, however, in the final merits determination. 
2 
(b)(6)
Matter of M-K-L-S-
A. Evidentiary Criteria 
Documentation of the individual's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in t~e field of endeavor. 
The Petitioner provided evidence that she won third prize in the solo voice category at the 2002 
held in· Philippines. The 
Petitioner submitted documentation showing that the competition was created through presidential 
proclamations that indicate it is intended to "promote Philippine music as an art." The mission of 
the competition is to discover and develop outstanding young Filipino musicians and artists. As a 
result, the Petitioner's third place finish qualifies as receipt of a lesser nationally recognized award 
for excellence in the field of endeavor. 
Evidence of the individual's participation, either individually or on a panel. as a judge of the 
work of others in the same or an allied field of specification for which classification is sought. 
The Petitioner provided documentation showing that she was a judge at the 2005 
sponsored by and the 
Philippines. She also presented evidence of her membership on the board of judges for the 
2011 As a result, the 
Petitioner has satisfied the plain language of this criterion. 
Evidence of the display of the individual's work in the field at artistic exhibitions or showcases. 
According to the plain language requirements of this criterion, a qualifying exhibition or showcase 
must be artistic in nature. Various forms of artistic display may satisfy this requirement, including 
visual art, performing arts, music, graphic art, and fine art. In this case, the Petitioner provided 
programs from the held in 2004, 2005 and 2006. The 
Petitioner's name appears on the programs as the featured soprano singer and her biography is 
included inside. As a result, we conclude that the Petitioner's craft was sufficiently on display 
during these concerts to satisfy the plain language of this criterion. 
B. Merits Determination 
As the Petitioner has submitted the necessary initial evidence, we now conduct a final merits 
determination that considers the entire record in the context of whether or not the Petitioner has 
demonstrated extraordinary ability as an opera singer by showing that she enjoys a level of expertise 
indicating she is one of the small percentage who has risen to the very top of the field of endeavor. 
Section 203(b)(l)(A) ofthe Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. 
Based on the totality of the material submitted, we find that the Petitioner has not made the requisite 
showing. 
3 
(b)(6)
Matter of M-K-L-S-
The Petitioner provided evidence of a nationally recognized award for excellence in the field of 
endeavor with her third place prize in the solo voice category at the 2002 While 
national in scope, this competition is limited to young Filipinos. Although indicative of talent and 
potential, this competition is dedicated to promoting promising artists and musicians. As a result, 
the Petitioner's third place finish almost fifteen years ago does not represent the sustained national or 
international acclaim necessary for this benefit. 
The Petitioner won an encouragement award in the of the 2015 
hosted by the 
has existed for 77 years for the purpose of providing financial support to young opera 
singers. In 2015, the competition had 400 applicants, with 57 receiving awards ranging from top 
prize,' first prize, second prize, third prize, and grant, to the encouragement award. The 
is for competitors 30 to 45 years of age, while the general division is for those 21 to 35 
years of age. The Petitioner submitted a letter from the president of board of 
trustees stating that the Petitioner's receipt ofthe "means that she has been 
recognized by people from the opera industry, through this competition, as a voice to look forward 
to." While we note the international nature of the competition, we find that receipt of the 
is indicative of her future potential, and not status as one who has already 
established herself at the top of the field. 
The Petitioner won the 2007-08 at the 
The Petitioner indicated that this is a competitive contest within the school. A 
letter confirming the Petitioner's first place finish indicates her award meant that she was then to 
perform in a concert with the The Petitioner does not, 
however, provide additional details to show that the competition and her prize are nationally or 
internationally recognized. 
The appeal also emphasizes distinctions the Petitioner received after the filing of the instant petition 
on April 10, 2015. In October 2015, the Petitioner was recognized at 
awards as the winner in the arts and culture category. She is 
also a finalist for, and will be competing in, the 2016 
hosted by the Eligibility must, however, be established at the time of 
filing. 8 C.F.R. § 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971). 
A petition cannot be approved at a future date after the.petitioner becomes eligible under a new set 
offacts. Matter oflzummi, 22 I&N Dec. 169, 175 (Comm'r 1998). As a result, we may not consider 
these or any other accolades received after the date ofthe petition's filing. 
The Petitioner highlights her position as a soloist with the m 
2000 and 2001. To demonstrate her success with the club, the Petitioner references a letter from 
the conductor during that.time. explains that the choir 
participated in several highly-rated international competitions that resulted in multiple prizes. He 
2 The letter refers to the but we assume this to be a typographic error. 
4 
(b)(6)
Matter of M-K-L-S-
refers to the choir's "legendary success." The Petitioner provides documentation showing that in 
2000 and 2001, the choir won several awards at international choir competitions. While notable, 
these accomplishments occurred approximately 15 years ago at the collegiate level. Tpe relevant 
regulations require that the Petitioner demonstrate sustained national or international acclaim. We 
consider these accomplishments in conjunction with the Petitioner's other accolades in determining 
whether the Petitioner meets the requirements for the benefit sought. In this case, the Petitioner's 
success as a college soloist is relevant, but does not show the continued national or 
international acclaim necessary to establish that she is one of the small percentage at the top of the 
field. 
The Petitioner provided several articles that reference her performances and work. She presented 
numerous entries from arts and leisure columns in the The articles generally give a 
description of performances and the authors' impressions of each. They mention the Petitioner's 
work and are complimentary. To demonstrate the influence of the publication, the Petitioner 
submitted a entry stating that it is one of the broadsheets in the country. 
Keeping in mind limitations,3 our consideration of material from this source will vary 
depending on whether an entry's relevant information is corroborated, as well as the purpose for 
which it is presented. As with any submission, we must evaluate its probative value and 
credibility. See Chawathe, 25 I&N Dec. at 376. In this instance, the article does not 
include a citation for the readership claimed. Without corroborating evidence, the Petitioner has not 
demonstrated the significance of a publication in the 
The Petitioner submitted three clippings from the One indicates that the Petitioner 
will be performing at a commemoration of the of death. The 
article focuses on Another contains a picture of the Petitioner and other performers 
at a event. The last mentions her name as a singer 
with the The Petitioner provided graphics showing the 
is the most widely read broadsheet in metro with 40% of readership. The Petitioner also 
submitted which mentioned her as a soprano 
performing at the Based on the copy provided on appeal, the 
source of the article is not clear. The Petitioner indicates the article is from the 
the country's most widely read newspaper. Although these articles mention the Petitioner, 
she is not their focus. The entries indicate that the Petitioner is sufficiently talented that performance 
reviews mention her. Mere references to the Petitioner or her work, even if in a few major media 
outlets, do not necessarily indicate that she is part of that small percentage at the very top of her 
field. 
A column in the 
whether her move to 
2008, Filipino version of focuses on the Petitioner and 
represents a "talent drain or a world pool of talent." The Petitioner 
is an online, open-source, collaborative encyclopedia that explicitly states it cannot guarantee the validity of 
its content. See General Disclaimer, (August I 0 2016 , I :05 PM), 
General disclaimer; Badasa v. Mukasey, 540 F.3d 909 (8th Cir. 2008). 
5 
(b)(6)
Matter of M-K-L-S-
provided information on how to subscribe to this publication, but did not otherwise give details 
regarding its readership numbers or influence. Similarly, she submitted an article in 
about her role as an ambassador of Filipino culture, but did not provide supporting information 
regarding the publication's influence. These articles might show that the Petitioner has received 
some attention from the field. Without more, however, these articles do not establish the necessary 
national or international acclaim. The record includes a handful of materials that briefly reference 
the Petitioner, and one article that offers more information on her and her work. This limited media ' 
coverage of the Petitioner is not indicative of someone who is among the best opera singers within or 
outside of the Philippines. 
The record includes documentation showing the Petitioner's activities as a judge of the work of 
others in her field. She submitted a program for the 
held on 2005. The Petitioner did not, however, demonstrate the significance of her 
serving in this position. For example, she did not provide information regarding the prestige or 
renown of the competition, or the qualifications necessary for serving as one of its judges. 
She also provided a brochure stating that she was a judge at the 2011 sponsored 
~~ ~~ ~ 
school's coordinator, states: "All the judges for the competition were chosen from top-caliber 
teachers, performers, and managers/promoters in the Philippine classical music scene." He does not 
however, provide additional substantiation to demonstrate that the Petitioner's selection as a judge 
for this competition verifies her national or international acclaim. Conclusory statements are not 
sufficient to meet the Petitioner's burden of proof. Matter of Soffici, 22 I&N Dec. 158, 165 (Assoc. 
Comm'r 1998) (citing Matter of Treasure Craft ofCalifornia, 14 I&N Dec. 190 (Reg'l Comm'r 
1972)). also notes that the Petitioner taught master classes during which, for 
example, advanced students sang and she critiqued their work. Although these activities show that 
the Petitioner has received some recognition in her field, she has not demonstrated that her 
participation 
establishes her as one of the small percentage at the top of the field. 
The Petitioner provided evidence that she performed as a featured singer in . three 
presented by the and held in 
in 2004, 2005, and 2006. is a non-profit organization dedicated 
to preserving the The concert program states: "Because of its uniqueness, the 
has earned prestige and made its mark on the international cultural scene so much so 
that many foreign artists and musicians write to express interest in performing at this annual musical 
event." The record does not contain, however, corroborating information regarding the prestige of 
the concert. For example, there is no evidence of media coverage of the event. The Petitioner also 
demonstrated that she sang in a featured performance at the 
Although she provided information indicating the stature as a venue for cultural 
development, she did not explain why her performance there means she has risen to the very top of 
her field. She has not clarified how the organization chooses performers or if it only selects those 
who have achieved nadonal or international acclaim. 
6 
(b)(6)
Matter of M-K-L-S-
The Petitioner is featured as the soprano singer on a 2013 album called 
To commemorate the anniversary of the birth of composer the 
Petitioner and four others recorded some of his best works on CD. The evidence provided does not 
include information regarding the CD's sales, its popularity, or any influence it had on the field or 
the public. Without documentation showing the prestige of being selected to perform on the album, 
or the import of the performance, the Petitioner's participation does not demonstrate the acclaim or 
recognition necessary to establish eligibility. 
On appeal, the Petitioner states that she has received a high level of remuneration for her services, 
which is demonstrative of extraordinary ability . She provides a printout from an unknown website 
showing that the average opera singer earns an annual salary of $40,000 and receives between "$450 
to $1 ,000+" per performance. The Petitioner .submitted a letter from the vice president and artistic 
director of the indicating that the Petitioner performed two 
concerts in 2004 for which she received 11,000 Philippine pesos each. The record does not include, 
however, information regarding the compensation of opera singers in the Philippines in 2004. 
Without a basis for comparison, we cannot conclude that this amount indicates extraordinary ability. 
She also provided a 2009 contract with indicating she was 
paid $3,000 for a performance, as well as a letter dated 2010 from inviting 
her to be the featured soloist at an event on an unknown future date for total compensation of$3 ,500. 
Although the level of remuneration for these last two events is higher than the average figure cited, 
they represent only two engagements over the course of her career. The Petitioner has not 
established that she regularly receives significantly high remuneration for services such that we can 
conclude she is one of the small percentage of individuals at the very top of her field of endeavor. 
Lastly, · the Petitioner highlights letters of recommendation. The first is from a 
Filipino musician, composer, and conductor. stated that he met the Petitioner when 
she took his music theory class at the He then worked with her more 
substantially at the where he was the executive and 
artistic director. cites the Petitioner's engagements at and 
as indicative of the level of her craft. As noted above, however, the Petitioner' s 
performance at as part of the ceremony occurred after the filing of 
the instant petition. 
Letters from the president of based and a 
concert tenor, emphasize the Petitioner's work as a singer and diction coach for the 
rendition of a Filipino opera, performed on and 2014. The 
Petitioner provided evidence showing that she transliterated the script and acted as a diction coach 
for cast members, some of whom did not speak the play's language, Tagalog. She also sang a 
supporting role in the opera. The Petitioner indicates that she has submitted a 
review of the opera, however, the copy provided is illegible and does not appear to reference the 
Petitioner. She states that her transliteration of the script, the first Filipino opera at 
should be considered an original contribution of major significance in the field, and therefore 
indicative of her extraordinary ability. The record does not show, however, that the Petitioner's 
transliteration had an impact beyond production. Potential future uses are 
7 
Matter of M-K-L-S-
noted; however, the Petitioner must demonstrate the actual present impact of her work rather than 
speculation about its future effect on the field. Again, eligibility must be established at the time of 
filing. 8 C.F.R. § 103.2(b)(l), (12); Katigbak, 14 I&N Dec. at 49. 
Although the evidence submitted shows the Petitioner is an active, professional opera singer, it does 
not establish that she has reached the very top of the field nationally or internationally, as required 
for this immigration benefit. While, the record illustrates that she has received some attention from 
the field, it does not establish that she has sustained national or international acclaim. 
III. CONCLUSION 
The Petitioner has provided the requisite initial evidence. She has not demonstrated in a final merits 
determination, however, that she possesses the extraordinary ability required by regulation. The 
appeal will be dismissed for the above stated reasons, with each considered as an independent and 
alternate basis for the decision. It is the Petitioner's burden to establish eligibility for the 
immigration benefit sought. Section 291 of the Act. Here, that burden has not beeri met. 
ORDER: The appeal is dismissed. 
Cite as Matter of M-K-L-S-, ID# 17485 (AAO Aug. 11, 2016) 
8