dismissed EB-1A Case: Peking Opera

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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 
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. 
'a3 9 Robert P. Wiemann, 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 Office 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. tj 1 153(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 qualify for classification as an alien of expaordinary ability. 
Section 203(b) of the Act states, in pertinent part, that: 
(I) 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 dqcuments 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. tj 
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. 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a Chinese Peking Opera 
actress. The regulation at 8 C.F.R. $ 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 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 theJield of endeavor. 
Initially, the petitioner submitted certificates for the following achievements: 
1. Prize of Peking Opera Singing in Teenage "New Sprout" Traditional Opera Competition 
of Tianjin City in 1989; 
2. Second Place Prize in the National Opera, Play and Opera Performance Competition in 
1994; 
3. Prize of Excellent Performance in the 1995 Peking Opera Exchange Show of Shandong 
Province in 1995; 
4. First Prize of Excellent Youth in the National Traditional Opera Exchange Show in 
1996; 
5. First place Prize of Youth Performance in Provincial Peking Opera Exchange Show in 
Shaanxi Province in 1998; 
6. Silver Prize in the Northern Area of National Artistic Performance Grand Contest in 
1998; and 
7. Prize of ~xcellekt Performance in Shijiazhuang City Joint Show of Middle Aged and Young 
Performers in 1999. 
The director concluded that the petitioner had, not established the significance of these awards, or that they were 
recognized beyond the entities that issued them. The letter fromchief Director of Art for 
Dragon Opera Culture Center, %c., submi$ted on appeal merely asserts that the petitioner "won the highest 
awards." This statement is insufficient, to overcome the director's concerns. The record lacks objective 
evidence, such as national media coverage of the festivals and awards, confirming the significance of the above 
awards. . 
Documentation of the alien's membership in associations in the field for which classiJication is sought, 
which require outstanding achievements of ?heir members, as judged by recognized national or international 
experts in their disciplines or fields. 
The petitioner submitted evidence of her membership in the Association of China Artists, which she asserts is a 
"non governmental association of accomplished Chinese artists in China mainland." The director concluded 
that the record lacked evidence that membership in the association is limited to the top of the field. The 
petitioner does not submit the official bylaws of the association or other official documentation from the 
association establishing that the association requires outstanding achievements of its members. Thus, the 
petitioner has not established that she meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or establishments that 
have a distinguished reputation. 
The petitioner claims to have been a principal actress with the Tianjin Peking Opera for eight years. She asserts 
that this troupe is "one of the most important Peking Opera performing organization[s] in north China and 
present[s] frequently [sic] tour shows in Tianjin City and the region and television cultural programs at local and 
national television stations." The original attestation fiom Qiang Wang, however, affirms only that the 
petitioner "worked as a professional Pekin Opera actress" with the troupe. On appeal, 
* MF 
ists several 
roles the petitioner performed. oes not indicate that he was ever affiliated wi e ianjin Peking 
Opera. The record does not inc u e programs and reviews confirming the significance of the petitioner's role. 
Moreover, the record contains no evidence regarding the national reputation of Tianjin Peking Opera. 
Evidence that the alien has commanded a high salary or other signficantly high remuneration for services, 
in relation to others in thefield. 
While the petitioner does not claim to meet this criterion, on the petition, she listed her income as $800 per 
week. In response to the director's request for additional documentation, the pe d that her monthly 
salary in China was RMB 3,861, while "the average monthly salary is aro In support of this 
assertion, she submits a letter from the Tianjin Peking Opera Theater asserti ioner worked there 
from 1993 through 1999 and that she was "the professional performer of the Second Grade Performer, and had 
enjoyed the same standard allowance." The letter submitted on appeal does not address this criterion and we 
cannot conclude that the petitioner has established that her remuneration compares with the remuneration of the 
most acclaimed in the field. 
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 Chinese 
Peking Opera actress 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 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. 9 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER. The appeal is dismissed.