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 
FILE: Office: VE&ONT SERVICE CENTER Date: NOV 0 7 2005 
EAC 02 296 53473 
PETITION: Immigrant Petition for Alien Worker an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Act, 8 U.S.C. $ 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals in your case. All documents have been returned to 
the office that originally decided your case. Any must be made to that office. 
- 
sobert P. Wiemann, Director 
Administrative Appeals Office 
Page 2 
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. Q; 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 qualify 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 September 27, 2002, seeks to classify the petitioner as an alien with extraordinary 
ability as a Peking Opera actress. 
The regulation at 8 C.F.R. Q; 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. 
Docu~nentation of the alien's receipt qf lesser nationally or internationally recognizedprizes or 
uwurds for e.xcellence in tile field of endeavor. 
Page 3 
The petitioner submitted the following: 
1. "Certificate of Award" stating that the petitioner "was granted the 'Excellent Hua-Dan Award' in the 
1998 National Pelang Opera Performer Contest" 
2. "Certificate of Award" stating that the petitioner "was granted the 'Opera New Star Award' in the 
1998 National Traditional Opera Performance Grand Contest" 
3. Certificate acknowledging the petitioner's "contribution in the Tnird National Peking Opera and 
Local Opera Performance Competition" (1995) 
4. "Certificate of Honor" stating that the petitioner "participated in the Second 'Peach and Plum Cup' 
Chinese Dance Competition among National Art Schools and Colleges" 
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. 
In regard to items 3 and 4, there is no evidence showing that these certificates are nationally recognized 
awards for excellence in the performing arts, rather than simply an acknowledgement of the petitioner's 
participation in the competitions. 
In regard to items 1 through 4, there is no evidence of publicity surrounding the petitioner's awards or 
evidence showing that they enjoy a significant level of recognition. Simply receiving an award certificate 
with the word "national" in the title does not satisfy this very restrictive criterion. Because the statute 
requires "extensive documentation" of sustained national or international acclaim, the petitioner must submit 
contemporaneous evidence showing that her awards enjoy significant national or international stature.' In this 
case, the record contains no documentation fi-om the awarding entities or print media to establish that the 
petitioner's awards are nationally recognized performing arts awards. 
Docutnentation of the alien's membership in associations in the field for which classzjication 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, 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 
' For example, large-scale competitions typically issue event programs listing the order of events and the names of the 
participating contestants. At a conlpetition's conclusion, results are usually provided indicating how each participant 
performed in relation to the other contestants in his or her events. The petitioner, however, has provided no evidence of 
the official comprehensive results for the competitions in which she received awards. 
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. 
The petitioner submitted evidence of her membership in the "World Association of Beauty Culture" and the 
Association of Chinese Artists. The record, however, includes no evidence of the bylaws or the official 
admission requirements for these associations indicating 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 ths classification set 
forth at section 203(b)(l)(A)(i) of the Act. According to the translation accompanying the petitioner's 
membership card from the Association of Chinese Artists, her membership grade is listed as "Second-Class 
Performer of State." 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. We further 
note that the petitioner's "Working Unit," th a local organization rather 
than a national or international organization. 
We find no evidence demonstrating that admission to membership in the preceding organizations required 
outstanding achievement or that the petitioner was evaluated by national or international experts in 
consideration of her admission to membership. 
Evidence of the display of the alien 's work in theJield at artistic exhibitions or showcases. 
In response to the director's request for evidence, the petitioner submitted blurred photographs of what are 
alleged to be her stage performances. There is no evidence demonstrating that the petitioner appears in these 
photographs. Nevertheless, this particular criterion is more appropriate for visual artists (such as sculptors 
and painters) rather than for performing artists such as the petitioner. Virtually every actress "displays" her 
work in the sense of performing in front of an audience. In the performing arts, acclaim is generally not 
established by the mere act of appearing in public, but rather by attracting a substantial audience. For this 
reason, the regulations establish separate criteria, especially for those whose work is in the performing arts. 
The petitioner's stage performances are far more relevant to the "commercial successes in the performing 
arts" criterion. 
Even if we were to address the petitioner's performances under this criterion, she has not demonstrated that 
her performances have consistently been the centerpiece of major productions at prestigious venues. Such a 
standard must be set for the petitioner to establish that she enjoys sustained acclaim near the top of her field. 
Evidence that the alien has peflormed in a leading or critical role for organizations or 
establislzments 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. 
The petitioner submitted a one-sentence "Notarial [sic] Certificate" stating that she "worked as a professional 
Peking Opera actress in Shanghai Peking Opera Troupe from July 1992 to June 1998." This certificate was 
issued Notary in the Shanghai Xuhui Notary Public Office, rather than by an official of the 
Shanghai Peking Opera Troupe. The record includes no evidence to suppo~assertion that the 
petitioner served as an actress with the Shanghai Peking Opera Troupe. Nor is there any evidence showing 
that this opera troupe has earned a distinguished reputation when compared to other Peking Opera troupes 
throughout China. 
h 
In response to the director's request for evidence, the petitioner submitted a letter (dated May 28, 2003) 
stating: 
I was once appointed vice manager of the External Performance Company of Shanghai Peking Opera 
Troupe. The company had handed over considerable profit to the troupe. I led the performance 
company of the troupe to perform in tour shows and exchange shows to various places all over China. 
Our shows were beloved by numerous traditional opera fans. 
The record includes no evidence to support the petitloner's assertion that she served as the vice manager of 
the External Performance Company of the Shanghai Peking Opera Troupe. Golng on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Sofjci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Crop of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
In this case, 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. 
Evidence of comrnerciaI successes in the performing arts, as shown by box oJJice receipts or 
record, cassette, compact disk, or video sales. 
This criterion calls for commercial success in the form of "sales" or "receipts"; simply submitting what are 
alleged to be photographs of one's performances cannot meet the plain wording of the regulation. The record 
includes no evidence of documented "sales" or "receipts" showing that the petitioner's performances drew 
record crowds, were regular sell-out performances, or resulted in greater audiences than other similar 
performances that did not feature the petitioner. 
In this case, we concur with the director's finding that the petitioner has failed to demonstrate that she meets 
at least three of the criteria at 8 C.F.R. 9 204.5(h)(3). As noted previously, this regulation and section 
203(b)(l)(A) of the Act require the petitioner's acclaim to be sustained. The record reflects that the petitioner 
has been present in the United States since September 4, 2001, but there is no evidence showing that she has 
been involved in any work related to Peking Opera performances during the last four years. Specifically, the 
petitioner has been the beneficiary of an approved P-3 nonirnmigrant petition that authorized her to work in 
the United States as an artistlentertainer from March 27, 2002 to September 30, 2002 (SRC 02 021 50860, 
filed by the Taishan International Culture Exchange Center). Astonishingly, the petitioner has submitted no 
evidence of her work as a performer even during that authorized period. Based on the lack of evidence that 
Page 6 
the petitioner has been working in her area of expertise, she has not established the sustainecl national or 
international acclaim necessary to qualify for classification 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 her 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. 
Beyond the decision of the director, the regulation at 8 C.F.R. 8 204.5(h)(5) requires "clear evidence that the 
alien is coming to the United States to continue work in the area of expertise. Such evidence may include 
letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a 
statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The record contains no such evidence. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enterprises, inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), ajf'd. 345 F.3d 683 
(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews 
appeals on a de novo basis). 
The pet~tion will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely w~th the petitioner. Section 291 of the Act, 8 U.S.C. 8 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.