dismissed EB-1A Case: Operetta Performance

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-S-
( 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 20, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an operetta performer, seeks classification as an individual 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 Ell 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 of the Texas Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker. While the Director concluded that the Petitioner satisfied the initial evidence requi~ements 
set forth at 8 C.F.R § 204.5(h)(3), he conducted a final merits analysis and found that she had not 
established her sustained national or international acclaim, that she is one of the small percentage at the 
very top of the field of endeavor, or that her achievements have been recognized in the field through 
extensive documentation. 
On appeal, the Petitioner submits additional evidence and maintains that she has sufficiently shown 
her extraordinary ability in the field. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act states: 
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 m the area of 
extraordinary ability, and 
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(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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternately, he or she must provide evidence that meets at least three 
of the criteria listed at 8 C.P.R. § 204.5(h)(3)(i)-(x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where· a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. 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). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle 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." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
A. Evidentiary Criteria 
The Petitioner is an operetta singer specializing in the classical-crossover style who has performed 
throughout Russia, Europe, and the United States. She has not shown that she is the recipient of a 
qualifying major, internationally recognized award. As such, she must provide at least three types of 
documentation listed under 8 C.F.R. § 204.5(h)(3)(i)-(x). 
The Director concluded that the Petitioner met the participation as a judge of the work of others 
criterion under 8 C.P.R. § 204.5(h)(3)(iv). The record supports the Director's finding that she 
satisfies this criterion as it reflects, for instance, that she served as a jury member at the 
known as ' and the 
known as' ' The Director also found that she met the display at artistic 
exhibitions or showcases criterion at 8 C.P.R. § 204.5(h)(3)(vii) through her roles in operetta 
productions, including · and ' ' at the and we 
agree with that determination. 
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Finally, the Director determined that she met the high salary or remuneration criterion at 8 C.F.R. 
§ 204.5(h)(3)(ix) based on compensation she received for performing at several events.' The record, 
however, does not demonstrate that the Petitioner meets this criterion, which requires evidence "that 
the alien has commanded a high salary or other significantly high remuneration for services, in 
relation to others in the field." The Petitioner 
provided letters from agencies with whom she has 
worked stating that her earnings for specified performances were equivalent to or exceeded other 
well-known performers. For instance, a letter from production center ' ' indicates that the 
Petitioner was among the highest compensated performers at the following events: the 
a 201 0 concert at the ; the 
the 
Christmas Concert at the 
of the and an International Festival of However, the 
Petitioner did not provide documentation to support the statements regarding her earnings or those of 
the other performers, nor does the record include sufficient information and evidence to determine 
how those amounts compare to the field at large. The Petitioner also offers a separate letter from the 
president of noting that her compensation is very high compared to the average salary 
among Russian people generally. Although she submitted accompanying information about average 
Russian wages, the plain language of the criterion requires comparison against others in the 
Petitioner's field. Here, the record does not include sufficient information and evidence about the 
remuneration of others in her field to. establish that the Petitioner's earnings are significantly high in 
companson. 
While we withdraw the Director's determination with regard to the remuneration criterion, we find 
that the Petitioner has satisfied the criterion at 8 C.F.R. § 204.5(h)(3)(iii), requiring published 
material about the individual in professional or major trade publications or other major media, based 
on a published review of her debut album, " ' in the magazine" 2 Accordingly, 
the Petitioner has provided the required initial evidence that meets at least three of the ten criteria 
listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
B. Final Merits Determination 
In the final merits determination, we analyze the Petitioner's accomplishments and weigh the totality 
of the evidence to determine if her successes are sufficient to demonstrate that she has extraordinary 
ability in the field of endeavor. Specifically, a petitioner's extraordinary ability must be 
demonstrated by sustained national or international acclaim and be at a level that puts him or her 
among the small percentage at the very top of the field, and his or her achievements must have been 
recognized in the field through extensive documentation. See section 203(b)(l)(A)(i) of the Act;-
1 
Specifically, the Director stated that the Petitioner had been paid amounts between $8,000 and $15,000 for each of I 0 
listed events. 
2 Although the record lacks supporting evidence or comparative statistics regarding the claimed distribution figure for 
several other articles in the record describe the publication as a popular magazine. Accordingly, 
we find the Petitioner has demonstrated, by a preponderance of the evidence, that the publication qualifies as major 
media. 
3 
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8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. In this matter, we determine 
that the Petitioner has not shown her eligibility. 
On appeal, the Petitioner cites the regulation at 8 C.F .R. § 214.2( o )(3 )(ii) for the contention that 
extraordinary ability in the arts means "distinction" such that the individual is "renowned, leading, or 
well-known," and is a lesser standard than in the sciences, business, or athletics. However, 0-1 
nonimmigrants of extraordinary ability are a separate classification. Unlike in the 0-1 nonimmigrant 
context, the E 11 immigrant classification at issue here does not define extraordinary ability 
differently depending on an individual's area of expertise. Instead, as noted above, the relevant 
regulations require each petitioner to demonstrate that he or she "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). 
While the record includes evidence of several awards that the Petitioner won, she has not 
demonstrated they ,are nationally or internationally recognized for excellence in her field, or that they 
establish a high level of acclaim for her work. The Director noted that two of the awards are based 
upon competitions that limit participation to youth. For example, the Petitioner submitted a copy of 
her award indicating that participants from Russia and Europe competed for 
the title "best young operetta singer." Although the Petitioner maintains on appeal that "it istypical 
and customary for singers and vocalists' competitions" to "limit age and to divide contestants per 
age categories," she has not provided sufficient evidence to demonstrate the national or international 
recognition of awards from the competitions, either in the youth category or otherwise.3 Nor has she 
established that competing in such a contest and receiving an award places her in the small 
percentage at the top of the field. 
The Petitioner also provided evidence of honorary designations that she has received,· including a 
award from the , and a award of honor from the 
. The Petitioner correctly notes on appeal that the criterion 
does not require awards to have been based on a competition. However, she has not demonstrated 
that these honors constitute nationally or internationally recognized awards for excellence in her 
field. Rather, the certificates show that the award from the embassy acknowledged her contributions 
to Russian culture in the United States, and the award was for 
outstanding service in the military or contributions to culture. The Petitioner has not established that 
these awards are indicative that she is among the small percentage at the very top of her field of 
endeavor. 
The record also includes evidence that the Petitioner.received a prize award and was named a 
"laureate" in the The award certificate indicates that the 
purpose of the festival is "the promotion of military spirit and contemporary frontier service, military 
friendship and solidarity, and fraternity of frontiers." The Petitioner provided an article from a 
military publication describing the contest and reflecting that the participants include both amateur 
and professional artists as well as "civilian border authorities" of the Russian federation and their 
3 She did not show, for instance, national or international level press coverage of the events. 
4 
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families. The documentation is not sufficient to demonstrate that this award has commanded a 
national or international level of recognition for excellence in her field. As the record does not show 
that the Petitioner competed with other top singers in her field, the award has limited value in 
demonstrating her acclaim. 
Finally, on appeal, the Petitioner asserts that the Director erred in not considering an award for the 
short film ' " which was presented after the time of filing. She maintains that because she 
recorded songs for the soundtrack before submitting the petition, her subsequent award should be 
considered. The Petitioner has not demonstrated, however, that she was the recipient of an award for 
this film, or that the short film's award was based upon her performance rather than the 
accomplishments of the recording cast or production as a whole. Overall, the submitted awards do 
not reflect that the Petitioner "is one of that small percentage who have risen to the very top of the 
field of endeavor," or that she has a "career of acclaimed work in the field" as contemplated by 
Congress. H.R. Rep. No. 101-723,59 (Sept. 19, 1990). 
While the record includes numerous published articles about the Petitioner, we do not find that, as a 
· whole, they reflect sustained national or international acclaim.4 Several of the articles appear in 
military publications and local or regional newspapers. She has also been featured in multiple 
publications intended for Russian-American communities in the United States since her arrival in 
2013, including three stories in the quarterly women's magazine 5 Although the 
Petitioner provided self-reported distribution figures for many of the publications, she did not offer 
sufficient comparative data to. support a finding that they qualify as major media, nor has she proven 
that such coverage meaningfully demonstrates her status among the small percentage at the top of 
her field. 
As noted above, the Petitioner also provided evidence that a Russian music magazine included a 
review of her debut album" "which the record indicates is her sole album to date. 
The review speaks positively of the Petitioner, calling her "a talented soprano vocalist." However, it 
does not present her as an acclaimed or well-known singer or indicate that the album has been a 
commercial success, nor does the record contain other evidence 
establishing the album's popularity 
relative to others in the genre. 
In addition, the Petitioner offered an article entitled "Russian romances sounded in a Christmas 
program m " from the culture section of international newswire agency 
publication, The article mentions the Petitioner as one of the performers in a 
concert at a popular Russian restaurant. It is not primarily about her, however, but instead summarizes 
4 While we discuss only a sampling of these articles, we have reviewed and considered each one. 
5 A letter ftom the editor-in-chief of ' indicates that an issue featuring the Petitioner on the cover had a 
circulation of I 0,000 copies "distributed from the Atlantic to the Pacific 
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coast of USA, in many Russian Stores and 
cultural centers." While the Petitioner contends that the publication is also available. online and "reaches additional 
hundreds of thousands of readers worldwide," she has not offered sufficient evidence to support that statement, nor is it 
consistent with letter ftom editor-in-chief, who identifies the magazine's target audience as "women who 
immigrated to the [United States] ftom Russia and former Soviet Republics." 
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the songs included in the program. Further, it does not indicate or establish that she has achieved 
national or international acclaim. 
Finally, the record contains evidence that, subsequent to the petition's filing, the Petitioner's work 
has been reported in the newspaper a biweekly publication with a circulation of 
20,000 and 10 million visitors monthly, as well as a documentary web-cast on " 
" an international multimedia broadcasting service. While these publications qualify as 
major media and demonstrate that the Petitioner's recognition is growing, the contents of the articles 
themselves do not indicate that she is a nationally or internationally acclaimed singer, but rather that 
she is a talented singer who is gaining attention in the Russian-American community. For instance, 
an article entitled " ' from the ' ' website 
discusses a concert given by the Petitioner and her husband, an accordionist, and 
states that they are "gaining new prominence in the new country." Similarly, the two articles in 
report on well-received concerts given by the Petitioner and her husband in the 
area. We do not find such coverage consistent with an individual among the 
small percentage at the very top of her field or reflective of the level of acclaim required for this 
highly restrictive classification. 
The Petitioner has also offered evidence that sh~ has been invited to participate as a judge for several 
international singing and vocal competitions. An evaluation of the significance of the Petitioner's 
judging experience is acceptable under Kazarian, 596 F. 3d at 1121-11, to determine if such 
evidence is indicative of the extraordinary ability required for this highly restrictive classification. 
The Petitioner provides evidence that she has judged several singing comgetitions such as the 
known as ' '' the 
' and the known as ' 
Both ' ' and " ' are youth or amateur contests and the promotional literature for 
the ' 
' contest states that it includes contestants such as "military personnel, including 
soldiers, veterans, and members of their families." Overall, the Petitioner has not shown that her 
, judging experience sets her apart from others in her field: such as by providing evidence that she has 
served as a judge of acclaimed operetta singers or of a prestigi~us national or international 
competition rather than students or amateurs. Accordingly, the evidence under this criterion does 
not support a finding that she "is one of that small percentage who has risen to the very top of the 
field of endeavor." See 8 C.F.R. § 204.5(h)(2). 
The Petitioner asserts that she has made artistic contributions of major significance through her 
numerous performances in operetta productions such as " ' and ' ' at the 
Several letters in the record note that she was the youngest soloist in the 
theater's history. She also provided evidence that she has performed in the classical-crossover style 
for the soundtrack of several television and film_ productions including" ·' 
6 The record includes a letter from 
Petitioner "sang choir parts in the ' 
and the television series ' 6 The record does not include 
a songwriter, film composer and producer, who states that the 
section" of the movie " " was "featured in the 
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sufficient evidence to demonstrate that her selection to work on the above productions reflects 
national or international acclaim. Further, the Petitioner did not demonstrate that her performances 
garnered attention reflecting that her "achievements have been recognized in the field of expertise.'~ 
See section 203(b)(l)(A)(i) of the Act and 8 C.F.R. § 204.5(h)(3). For example, the record is not 
indicative of her performances bringing critical acclaim, drawing record crowds, or receiving a high 
amount of press coverage. 
The record additionally includes several recommendation letters attesting to the Petitioner's soprano 
style and vocal ability. The letters discuss the Petitioner's skills as a singer but do not identify 
original contributions of major significance in the field. 7 For example, 
an internationally known and professor of voice at 
comments that the Petitioner "is a musician of the highest caliber seldom found: the clear lyrical 
quality of her vocals, her natural ability combined with the artistry and deep feeling which imbues 
her performances." Sim_ilarly, several conductors submitted letters attesting to the Petitioner's 
outstanding talent as a and her style. For example, 
conductor and director of the award winning musical ensemble ' ' wrote that the Petitioner is 
"critically acclaimed and commercially successful." 
Similarly, symphony conductor noted that the Petitioner is "an exceptionally 
beautiful ' who has "enriched the music culture and traditions of this nation." While these 
letters offer praise for the Petitioner's vocal strength and reputation, they do not indicate that her 
work represents an original contribution. For example, the evidence does not demonstrate that the 
Petitioner's music has influenced others in the performing arts fields, that any of her specific works 
are widely viewed as important pieces of contemporary opera, or that her original work otherwise 
equates to artistic contributions of major significance in the field. See Visinscaia, 4 F. Supp. 3d at 
134-35 (upholding a finding that a ballroom dancer had not met this criterion because she did not 
corroborate her impact in the field). 
In describing the Petitioner's accomplishments, we note that some of the letters and several of the 
articles highlight that she received notes of appreciation for her music from 
and _ For instance, the 
Petitioner's producer, stated that "two works written by me and performed by [the Petitioner] were 
recognized and praised by the Both articles in 
also mention that the Petitioner received letters of acknowledgment from the two 
The Petitioner's interview with indicates that she received the letters in response to 
sending a recording of her music to each of the monarchs. The record does not include copies of the 
letters to support their claimed significance. 8 
chorale" for a song in the television show ' " and performed songs and wrote 
lyrics for the soundtrack to the television series ' 
7 We discuss only a sampling of these letters, but have reviewed and considered each one. 
8 
While not in the record, the letters appear on the press page of the Petitioner's website, 
last accessed on June 19,2017. In one letter, principal secretary thanks 
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As noted above, the Petitioner provided evidence satisfying the display criterion under 8 C.F.R. 
§ 204.5(h)(3)(vii). As it is expected that an operetta singer, such as the Petitioner, would perform in 
a musical setting at concerts and recitals, we will evaluate 
the extent to which the display of her 
work is reflective of acclaim consistent with this highly restrictive classification. Although the 
Petitioner's documentary evidence reflects multiple ensemble performances at prestigious venues, 
such as and the m she did not establish that 
her performances garnered attention in a manner consistent with sustained national or international 
acclaim. For example, she did not demonstrate that her concerts brought critical acclaim, drew 
record crowds, or raised attendance. Without evidence distinguishing the Petitioner's concerts and 
performances from others in her field, she has not shown that she has risen to the very top of the 
field. 
Furthermore, the Petitioner contends that she has performed in a leading role for a distinguished 
organization under the regulation at 8 C.F.R. § 204.5(h)(3)(viii). In general, this is evident from the 
role, its duties, and how it fits within the overall hierarchy of the organization. A critical role is 
apparent from a petitioner's impact on the entity. Here, the Petitioner provided information and 
evidence that she performed in operetta productions including, ' ' and at the 
While she contends that her performances at the theater constitute a 
critical role, the record does not include evidence that her performances brought acclaim to the 
theatre, drew notable crowds, raised attendance, or were otherwise responsible for the success or 
standing of the establishment. She has also offered evidence that she is a distinguished member of 
the and serves as a!l official representative in the United States,9 but has not 
demonstrated that this position is significant to its success or standing. Furthermore, she does not 
offer proof that it enjoys a distinguished reputation in the field of operetta. 
On appeal, the Petitioner maintains that she also held a leading role with the 
where she worked at the center as a "specialist" "raising 
awareness and knowledge" of patriotic and military songs with the general population. However, 
the documentation does not show where the position of specialist fits into the hierarchy of the 
organization so as to demonstrate her leading role, and does not reflect that she contributed to the 
organization in a way that was significant to its success or standing, so as to demonstrate her critical 
role. Furthermore, she has not provided sufficient supporting documentation to show that the 
organization enjoys a distinguished reputation in the performing arts. In summary, the submitted 
evidence for the Petitioner's roles in organizations does not substantiate her sustained national or 
international acclaim, and or her status as being among the very top of the field. 
Mr. for his kind letter to the and for sending her a CD, and states that 'the composition "was received 
with genuine interest." In the second letter, a to states: · has been so 
touched by the response to her special birthday and I am to thank you very much for your good wishes which 
greatly appreciates." 
9 A letter from the deputy chairman of the board of the states that the Petitioner has the authority 
to conduct negotiations regarding joint creative projects in the United States. 
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As discussed previously, the Petitioner has not offered comparative salary statistics or other evidence 
that her remuneration is significantly above the average singer in her field. Nor has she shown that it 
is consistent with the small percentage of opera singers at the top of the field, indicating that she has 
achieved national or international acclaim. 
In summary, the Petitioner's achievements in the aggregate confirm that she is a talented operetta 
singer. She has gained the respect of her employers, cast members, and artistic collaborators, who 
believe she is capable of contributing to the operetta, and to the performing arts field. Her 
achievements at this stage of her career, however, do not demonstrate that she has sustained national or 
international acclaim or is already one of the small percentage at the very top of her field of endeavor. 
III. CONCLUSION 
For the foregoing reasons, the Petitioner has not shown that she is eligible for classification as an 
individual of extraordinary ability. 
ORDER: The appeal is dismissed. 
Cite as Matter ofV-S-, ID# 338544 (AAO June 20, 2017) 
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