dismissed EB-1A Case: Peking Opera

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
IN RE: Petitioner: 
Beneficiary: 
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 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
u Robert P. Wiernann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Ofice 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. 9 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. 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. 
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 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 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 earned sustained national or international acclaim at the very top level. 
This petition, filed on September 29, 2003, seeks to classify the petitioner as an alien with extraordinary 
ability as a "Chinese Peking Opera Actress." The regulation at 8 C.F.R. 3 204.5(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 has submitted evidence pertaining to the following 
criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted certificates and accompanying English language translations indicating that she received 
the following: 
1. ~xcellentward in the 1991 Beijing Chinese Opera and Drama Competition of Youth 
Peking Opera Performers 
2. First-Rate Award of Youth Performance in the 1998 Peking Opera Exchange Show of- 
Province 
3. Excellent Award oyerformance in the Wu Han City Traditional Music and Dance 
Competition (undated) 
4. First-Rate Award ofmn the 1998 National Peking Opera Competition 
5. Honorarv Award for contribution to the "91 China Tour Art Festival & Guang Dong Joy Festival" - - - 
6. First-Rate Award of Culture & Art at the ~econ-culture & An Festival (1994) 
7. First-Rate Award of Performance in the 1996 National Traditional Opera and Drama Performance 
Competition 
8. Certificate of Honor "for condoling with people on the revolution district" (2002) 
9. Certificate of Honor for "performance in 'The Pavilion of Peony"' (2002) 
Pursuant to 8 C.F.R. tj 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. The translations accompanying the petitioner's award certificates 
were not certified as required by the regulation. 
Items 1, 2, 3, and 8 reflect local or provincial recognition rather than national or international recognition. 
Furthermore, in regard to items 1 and 2, there is no indication that the petitioner faced competition from 
throughout her field, rather than her approximate age group within the field. A youth award offers no 
meaningful comparison between the petitioner and established performing arts professionals. In regard to 
items 5, 8, and 9, the petitioner has provided no evidence showing that these certificates are nationally 
recognized awards, rather than simply an acknowledgment of her participation in a community event or stage 
performance. 
In regard to items 1 through 9, the record contains no evidence of publicity surrounding the competitions and 
festivals in which the petitioner participated. Nor is there evidence showing that her awards enjoy significant 
recognition beyond the context of the event where they were presented. Simply receiving an award certificate 
with the word "national" in the title does not satisfy this very restrictive criterion. The petitioner must 
provide evidence to establish that her awards enjoy significant national or international stature. In this case, 
the record contains no documentation from the awarding entities or print media to establish that items 1 
through 9 are nationally recognized performing arts awards. 
In addition to the above deficiencies, the record contains no evidence showing that the petitioner has won any 
significant performing arts competitions subsequent to 1998. The absence of such awards suggests that the 
petitioner has not sustained whatever acclaim she may have earned in China. 
Documentation of the alien's membership in associations in thejeld for which classification is 
sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines orjelds. 
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 employment or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recommendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. In addition, it is clear from the regulatory language that members must be selected at the 
national or international level, rather than the local or regional level. Therefore, membership in an association 
that evaluates its membership applications at the local or regional chapter level would not qualify. Finally, 
the overall prestige of a given association is not determinative; the issue here is membership requirements 
rather than the association's overall reputation. 
In response to the director's request for evidence, the petitioner submitted a "Membership Card" for the China 
Artists' Association (CAA). According to the translation accompanying the membership card, the 
petitioner's grade of membership is listed as "National Second-Class Performer." The petitioner does not 
explain how being a "Second-Class Performer" indicates that she is one of that small percentage who have 
risen to the very top of the performing arts field. The record contains no evidence of the bylaws or official 
membership requirements of the CAA to demonstrate that admission to membership requires outstanding 
achievement in the performing arts or that the petitioner was evaluated by national or international experts in 
consideration of her admission to membership. 
On appeal, the petitioner submits a letter allegedly issued by 
b 
former vice Chairman of the 
China Dramatist Association. This letter has no address.   hone num er. or anv other information through 
2 1 " 
which this individual may be chntacted.scusses a few of the pet;tioner's stage performances, 
but his letter fails to demonstrate the petitioner's sustained national or international acclaim. An individual 
with sustained national or international acclaim should be able to produce ample unsolicited materials 
reflecting that acclaim. 
ement" allegedly issued by the "Asia Chinese Opera 
Y 1 1355. There is no supporting evidence showing that 
her than simply an apartment address. According to an 
entry stamp in the petitioner's passport, she entered the U.S. as a nonimmigrant B-l visitor on February 10, 
2003. The Employment Agreement from the Asia Chinese Opera Troupe Inc., however, discusses the 
petitioner's service "as a P-3 visa holder of Peking Opera actress since June 2002." However, the petitioner 
did not enter the United States as a P-3 nonimmigrant until February 2003. It is incumbent upon the 
petitioner to resolve any inconsistencies in the record by independent objective evidence. Any attempt to 
explain or reconcile such inconsistencies will not suffice unless the petitioner submits competent objective 
evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). Doubt cast on 
any aspect of the petitioner's proof may, of course, lead to a reevaluation of the reliability and sufficiency of 
the remaining evidence offered in si~pport of the visa petition. Accordingly, based on the inconsistent and 
factually incorrect assertions in this letter, it carries no weight. In this case, the petitioner has not established 
W Page 5 
that she will "continue work in the area of extraordinary ability" as required by Section 203(b)(l)(A)(ii) of the 
Act. 
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 she meets at least three 
of the criteria that must be satisfied to establish the sustained national or international acclaim necessary to qualify 
as an alien of extraordinary ability. 
Review of the record does not establish that the petitioner has distinguished herself as a performer 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 his field. The evidence is not persuasive that the petitioner's achievements set her 
significantly above almost all others in her field at a 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. tj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.