dismissed EB-1A Case: Peking Opera

U.S. Department of Homeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Washington, DC 20529 
prevent d* adz ,w % mated U. S. Citizenship 
of B Plhracy and Immigration 
mRy Services 
FILE: - Office: VERMONT SERVICE CENTER Date: 0 2 2005 
IN RE: 
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 
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 ofice. 
\ >j *lu :,8h-. 
i 
/$Kobert 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 Offlce (AAO) 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. 5 1 1 53(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. 
5 204.5(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 November 27, 2002, seeks to classify the petitioner as an alien with extraordinary 
ability as a "Chinese Peking Opera Actress." The statute and regulations require the petitioner's acclaim to be 
sustained. The record reflects that the petitioner has been residing in the United States since 1999. Given the 
length of time between the petitioner's arrival in the United States and the petition's filing date, it is 
reasonable to expect the petitioner to have earned national acclaim in the United States during that time. The 
petitioner has had ample time to establish a reputation as a performer in this country. 
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 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 endeuvor. 
The petitioner submitted certificates with accompanying English language translations reflecting that she received 
the following awards: 
1. New Sprout Instructor Award in the City of Tianjin's New Sprout Teenage Instrumental Music 
Competition (1 989) 
2. Peking Opera Solo Award in the Third Art Festival of Shenyang City (1991) 
3. Traditional Opera Solo Singing Award for performance in the Peking Opera "Broken Bridge" in 
the Fourth Art Festival of Shenyang City (1 994) 
4. Second Prize in the National Performance Competition of Traditional Operas, Modern Plays and 
Opera (1 994) 
5. Excellent Performance Award in the Peking operaat the Peking Opera Joint Show 
of Shandong Province (1995) 
6. Best Performance Award in the Ninth National 'Traditional Opera Contest (1997) 
7. Excellent Performance Award in the Peking Opera "Story of White Snake" at the National Traditional 
Joint Opera Show (1 997) 
8. "Second Prize of Peking Opera Qing-Yi Character of Stage Art Series in Grand Prize Contest of 
Chinese Traditional Opera Artistic Performance" (1997) 
9. Excellent "Qing-Yi Award" in the National Traditional Opera Performance Grand Contest (1998) 
Pursuant to 8 C.F.R. 3 103.2(b)(3), any document containing foreign language submitted to Citizenship and 
Immigration Services 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 5 listed above appear to local or provincial, rather than national or international, awards. 
The record contains no information about the above competitions or evidence showing that the petitioner's 
awards enjoy significant recognition beyond the context of the event where they were presented. The level of 
recognition associated with the preceding certificates is not self-evident. 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 the 
above certificates are nationally recognized performing arts awards. Furthermore, the petitioner offers no 
documentation detailing the criteria used for determining the winners or the number of other recipients. 
Also provided was a certificate recognizing the petitioner's contribution in the Third National Competition of 
Traditional Opera and Local Musicals (1995). The petitioner offers no evidence to show that this certificate is 
a nationally or internationally recognized award, rather than simply an acknowledgment of her participation 
in this competition. 
The petitioner also submitted a "Henry Street Settlement/Abrons Art Center Artistic Achievement Award" 
certificate recognizing the petitioner for "unique contributions to the cultural diversity of the City of New 
York" (2001). No information was provided regarding what the petitioner did to receive this award. 
Nonetheless, this award is local, rather than national or international, in scope. Such an award is not adequate 
to demonstrate that the petitioner has sustained whatever acclaim she may have earned in China subsequent to 
her 1999 arrival in the United States. 
Documentation of the alien's membership in associations in thejield for which classz$cation is 
sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines orjields. 
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, a fixed minimum of education or 
experience, recommendations by colleagues or current members, or payment of dues, do not satisfy this 
criterion because participation, employment, education, experience, and recommendations do not constitute 
outstanding achievements. In addition, membership in an association that evaluates its membership 
applications at the local or provincial level would not qualify. It is clear from the regulatory language that 
members must be selected at the national or international, rather than the local, level. Finally, the overall 
prestige of a given association is not determinative; the issue here is membership requirements rather than the 
association's overall reputation. 
Documentation accompanying the petition included evidence of the petitioner's membership in the Tianjin 
Chinese Opera Troupe, the World Association of Beauty Culture (New York), and the Association of Chinese 
Artists. We note that the Tianjin Chinese Opera Troupe and the World Association of Beauty Culture (New 
York) appear to be local (rather than national or international) associations. In regard to all three 
organizations, the record contains no evidence of their bylaws or membership requirements to demonstrate 
that they require outstanding achievement in the performing arts. Assertions from the petitioner regarding the 
exclusive nature of their membership requirements are not adequate to satisfy the "extensive documentation" 
requirement for this classification set forth at section 203(b)(l)(A)(i) of the Act. Going on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972). 
In view of the foregoing, it has not been established that the petitioner's membership in the above 
organizations required outstanding achievement or that her admission to membership was evaluated by 
experts at the national or international level. 
Evidence of the alien's authorship of scholarly articles in the$eld, in professional or major trade 
publications or other major media. 
In general, in order for published material to meet this criterion, it must be printed in professional or major trade 
publications or other major media. To quali~ as major media, the publication should have significant national or 
international distribution. 
The record contains an article authored by the petitioner appearing in Peking Opera of China entitled "Talk 
on the Translation of Play Names of Peking Opera." The record, however, does not include evidence (from 
an objective source such as a media guide, for example) indicating the national or international circulation of 
the magazine edition in which the petitioner's article appeared. Nor is there evidence showing that the 
petitioner's article is widely viewed throughout her field as significantly influential. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
In order to establish that she performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of her role within the entire organization or 
establishment and the reputation of the organization or establishment. 
In addressing this criterion, the petitioner (in a signed letter dated November 7, 2002) states: 
I had been serving my role as leading Peking Opera actress in Tianjin Chinese Opera Troupe, China, for 
23 years, before I came to the U.S. This troupe is one of the most active Chinese Opera theaters in 
Tianjin, China and won its popularity through frequent performances in citywide television tour shows 
around the country. I had been a principal Qing-Yi actress of the troupe. 
The record, however, contains no published reviews of the petitioner's performances to support this assertion. 
It has not been established that the petitioner's role in the troupe is any more critically acclaimed than that of 
the other performers. Nor does the record adequately demonstrate that the Tianjin Chinese Opera Troupe, 
which the petitioner claims to have worked for since 1976 (according to her letter), has earned a distinguished 
reputation when compared to other Peking Opera Troupes throughout china.' We find the petitioner has not 
established that she has performed in a leading or critical role for a distinguished organization, or that her 
involvement has earned her sustained national or international acclaim. 
On May 24, 2002, the petitioner filed Form 1-589, Application for Asylum and Withholding of Removal. 
According to her asylum application, which the petitioner signed under penalty of perjury on April 15,2002, the 
petitioner's occupation was that of a "Technician" at the "Second Hospital Attached to Tianjin Medical and 
Science University" from September 1977 to August 1999. Nowhere in the petitioner's asylum application was 
there any indication that her primary occupation in China was that of a principal actress in an opera troupe. On 
June 19, 2002, the petitioner appeared for an interview and affirmed the truthfulness of the contents of Form I- 
I We note here that the petitioner came to the United States in 1999. Her November 7, 2002 letter indicated that she 
worked for the Tianjin Chinese Opera Troupe for 23 years before coming to the United States (or since 1976). However, 
the record contains a notarized certificate (dated August 5, 1997) stating that the petitioner worked as a "professional" 
Peking Opera actress in the Tianjin Chinese Opera Troupe beginning in "August 1974." The petitioner has not resolved 
this discrepancy in regard to the period of her professional employment with the Tianjin Chinese Opera Troupe. 
Page 6 
589 under oath in an interview before an Asylum Officer. Correspondence accompanying the asylum application 
(such as a letter from the hospital that employed the petitioner as a medical inspection technician from 1977 to 
1999) is not consistent with the petitioner's claim that Peking Opera was her primary source of employment 
during that same period. 
According to the assessment of the Asylum Officer who interviewed the petitioner: 
Applicant also applied for and was granted P3 status [based on the claim that she was an 
artisdentertainer in a culturally unique program] on 5/25/2001. Applicant indicated her friend helped 
her obtain the visa. Applicant indicated she has never performed or worked in the category for which 
she was granted this visa. Applicant did not provide any documentation she would otherwise be 
eligible for this visa if her friend had not helped her obtain it. She indicated she did not intend to 
perform but likes performing and only obtained the visa so she would be in a valid status. 
The information contained in the record raises serious questions regarding the authenticity of much of the 
documentation accompanying this petition. 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). 
The regulation at 8 C.F.R. tj 204.5(h)(5) requires "clear evidence that the alien is coming to the United States 
to continue work in the area of expertise." Subsequent to her arrival in 1999, there is no evidence showing 
that the petitioner's primary occupation in the United States involves Peking Opera. For example, there is no 
documentation showing that the petitioner has regularly taken part in performances here in the United States. 
For the reasons discussed above, the record is ambiguous regarding the petitioner's acclaim throughout her 
native China, and there is no evidence showing that the petitioner has sustained whatever acclaim she earned 
in China since her 1999 arrival in the United States. Nor has the petitioner adequately demonstrated that she 
will "continue work in the area of expertise." 
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. 
Page 7 
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.