dismissed EB-1A Case: Pianist

(b)(6)
DATE: SEP 2 2 2014 
INRE: Petitioner: 
Beneficiary: 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigrati on Services 
Admini strative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington , DC 20529-2
090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
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. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions oflaw nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectiv ely. Any motion mu st b e f iled on a Notice of Appe al or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http:flwww.uscis.gov/forms for the latest information on fee, filing location, and other requirements . 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
~1l 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. We will dismiss the 
appeal. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts as a pianist, pursuant 
to section 203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(A). 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. 
Congress set a very high benchmark for aliens of extraordinary ability by requiring through the statute 
that the petitioner demonstrate the alien's "sustained national or international acclaim" and present 
"extensive documentation" of the alien's achievements. See section 203(b)(1)(A)(i) of the Act and 
8 C.P.R. § 204.5(h)(3). The implementing regulation at 8 C.P.R. § 204.5(h)(3) states that an alien can 
establish sustained national or international acclaim through evidence of a one-time achievement of a 
major, internationally recognized award. Absent the receipt of such an award, the regulation outlines 
ten categories of specific objective evidence. 8 C.P.R. § 204.5(h)(3)(i) through (x). The petitioner must 
submit qualifying evidence under at least three of the ten regulatory categories of evidence to establish 
the basic eligibility requirements. 
The petitioner's priority date established by the petition filing date is January 15, 2014. On January 27, 
2014, the director issued the petitioner a request for evidence (RFE). After receiving the petitioner's 
response to the RFE, the director issued his decision on March 20, 2014. On appeal, the petitioner 
submits a brief with new documentary evidence. For the reasons discussed below, we uphold the 
director's ultimate determination that the petitioner has not established her eligibility for the 
classification sought. 
I. LAW 
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 
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(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
U.S. Citizenship and Immigration Services (USCIS) and legacy Immigration 
and Naturalization 
Service 
(INS) have consistently recognized that Congress intended to set a very high standard for individuals 
seeking immigrant visas as aliens of extraordinary ability. See H.R. 723 101st Cong., 2d Sess. 59 
(1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. ld.; 
8 C.F.R. § 204.5(h)(2). 
The regulation at 8 C.F.R. § 204.5(h)(3) requires that the petitioner demonstrate the alien's sustained 
acclaim and the recognition of his or her achievements in the field. Such acclaim must be established 
either through evidence of a one-time achievement (that is, a major, international recognized award) or 
through the submission of qualifying evidence under at least three of the ten categories of evidence 
listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
In 2010, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) reviewed the denial of a petition 
filed under this classification. Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). Although the court 
upheld the decision to deny the petition, the court took issue with the evaluation of evidence submitted 
to meet a given evidentiary criterion. 1 With respect to the criteria at 8 C.F.R. § 204.5(h)(3)(iv) and (vi), 
the court concluded that while users may have raised legitimate concerns about the significance of the 
evidence submitted to meet those two criteria, those concerns should have been raised in a subsequent 
"final merits determination." !d. at 1121-22. 
The court stated that the evaluation rested on an improper understanding of the regulations. Instead of 
parsing the significance of evidence as part of the initial inquiry, the court stated that "the proper 
procedure is to count the types of evidence provided (which the AAO did)," and if the petitioner did not 
submit sufficient evidence, "the proper conclusion is that the applicant has failed to satisfy the 
regulatory requirement of three types of evidence (as the AAO concluded)." !d. at 1122 (citing to 
8 C.F.R. § 204.5(h)(3)). 
Thus, Kazarian sets forth a two-part approach where the evidence is first counted and then considered 
in the context of a final merits determination. In this matter, we will review the evidence under the 
plain language requirements of each criterion claimed. As the petitioner did not submit qualifying 
evidence under at least three criteria, the proper conclusion is that the petitioner has not satisfied the 
regulatory requirement of three types of evidence. !d. 
1 Specifically, the court stated that the AAO had unilaterally imposed novel substantive or evidentiary 
requirements beyond those set forth in the regulations at 8 C.P.R. § 204.5(h)(3)(iv) and 8 C.P.R. 
§ 204.5(h)(3)(vi). 
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II. ANALYSIS 
A. Evidentiary Criteria2 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
This criterion contains several evidentiary elements the petitioner must satisfy. According to the plain 
language of the regulation at 8 C.F.R. § 204.5(h)(3)(i), the evidence must establish that the alien is the 
recipient of the prizes or the awards (in the plural). The clear regulatory language requires that the 
prizes or the awards be nationally or internationally recognized. The plain language of the regulation 
also requires the petitioner to submit evidence that each prize or award is one for excellence in the field 
of endeavor rather than simply for participating in or contributing to an event or to a group. The 
petitioner must satisfy all of these elements to meet the plain language requirements of this criterion. 
The petitioner claims the following prizes on appeal: 
• First prize at the 2012 
• First prize at the 2010 
(2010 award). 
and 
The director determined that the petitiOner did not meet the requirements of this criterion. The 
petitioner states within the appeal that the director concluded the first prize at the 2012 
_ ~ satisfied this criterion's requirements. Within his decision, the director listed 
the above two awards and subsequently addressed only the 2010 award by name. Prior to addressing 
the 2010 award, however, the director stated that one of the petitioner's awards "appears to be an 
educational award" and that she had not established that this educational award was nationally or 
internationally recognized. Thus, contrary to the petitioner's claim on appeal, the director did not 
conclude that the petitioner's 2012 award from a scholarship competition was qualifying. 
The only evidence the petitioner submits relating to th( prize is a copy of the 
award itself. The petitioner did not submit any additional evidence to demonstrate that this award is a 
nationally or internationally recognized prize. An accolade of this type does not garner national or 
international recognition from the competition that issues the prize or award, nor is it derived from the 
individual or group that issued it. Rather, national and international recognition results through the 
awareness of the accolade in the eyes of the field nationally or internationally. This recognition can 
occur through specific means, such as media coverage. Additionally, unsupported conclusory letters 
from those in the petitioner's field are not sufficient evidence that a particular prize or award is 
nationally or internationally recognized. See 1756, Inc. v. The Attorney General of the United States, 
745 F. Supp. 9, 15 (D.D.C. 1990). 
2 The petitioner does not claim to meet or submit evidence relating to the regulatory categories of evidence not 
discussed in this decision. 
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PageS 
Regarding the 2010 award, the director concluded the award received only local recognition and was 
only open to students. On appeal, the petitioner identifies previously submitted evidence in addition to 
a new letter from Executive Director of the and 
Mr. states that this competition is open to "applicants from all 
over the world born on 
or after July 1, 1986." Mr !focuses on the pool of applicants and the fact 
that the competitors originate from around the globe. Focusing on the pool of candidates to determine if 
a prize or award is nationally or internationally recognized is not sufficient to meet the regulatory 
requirements at 8 C.F.R. § 204.5(h)(3)(i). The regulation requires that the award be nationally or 
internationally recognized. A national pool of candidates does not necessarily impart national 
significance to an award. Mr. also points to the success of past winners of this award. He asserts 
that because these winners have progressed to particular jobs or have won other awards, that this 
subsequent success is an indication that this award is nationally or internationally recognized. Mr. 
position that any precursor or subsequent events to this award are any indication that it is 
nationally or internationally recognized is not persuasive. 
On appeal, the petitioner also asserts that because the award "winner has the opportunity to perform 
with the a nationally and internationally recognized professional 
orchestra," the 2010 award is nationally or internationally recognized in the field. However, the 
petitioner has not provided any corroborating evidence aside from her assertions that performing with 
this orchestra imputes the orchestra's notoriety to the 2010 award. The petitioner's unsupported 
assertions do not constitute evidence. Going on record without supporting documentary evidence is not 
· sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Soffici, 22 I&N 
Dec. 158, 165 (Assoc. Comm'r 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 
(Reg'l Comm'r 1972)). Finally, the petitioner asserts the 2010 award is nationally or internationally 
recognized based on "glowing testimonials in the event's program from prominent professionals in the 
field of music." As previously noted, unsupported conclusory statements from those in the petitioner's 
field are not sufficient evidence that a particular prize or award is nationally or internationally 
recognized. 
The petitioner submits an article in about that discusses the young artists program 
at in general. While the article mentions a competition for 
young artists that allows the winners to perform with the . orchestra, the article 
states that the young artists program "helps prepare them for major international competitions" and does 
not suggest that a prize at the is a lesser nationally or 
internationally recognized competition. 
The onlv form of media coverage dedicated to the 
originates from the websites of the 
article ttrst discusses the event as a resuva1 mat 
attracts young artists, talented amateurs, and "big names," suggesting different levels of experience and 
acclaim at the event, which, according to the program, included both a young artists and an amateur 
competition. According to the pamphlet, the young 
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Page6 
artists program provides a "varietv of opportunities for further developing their skills as emerging 
professional musicians." The . J ._, article then reviews the first of two 
young artists concerto concerts at the event and discusses the challenges for "the youthful protege" as 
well as predicting a future "brilliant career" for a young performer. Regarding the competition portion 
of the concert, the article states: "This was even a competition, and the judges a~arded modest prizes 
for this particular concert." The article in reviews the final concerto concert and 
reflects that another performer _ took first place in the competition related to this event. In 
describing the competition portion of the concert, the article states: "To add interest, a mini competition 
was included and token awards of $250, $150, and $100 given to the first three winners. "Local 
coverage that refers to "modest" and "token" awards and a "mini competition" is not indicative of an 
award or prize that is nationally or internationally recognized for excellence. 
Moreover, the evidence the petitioner rovides relating to the 2010 award is a letter from Mr. and 
the article in th( The record lacks a copy of the award itself. Thus, 
the petitioner did not submit primary evidence of her receipt of the 2010 award. The regulation at 8 
C.F.R. § 103.2(b )(2)(i) provides that the non-existence or unavailability of required evidence creates a 
presumption of ineligibility. While the article constitutes secondary evidence, according to the same 
regulation, only where the petitioner demonstrates that primary evidence does not exist or that she 
cannot obtain it, may the petitioner rely on secondary evidence. In this case, while the petitioner 
submitted secondary evidence, the petitioner did not submit any documentary evidence demonstrating 
that she cannot obtain primary evidence or that it does not exist. 
Based on the foregoing, the petitioner has not submitted evidence that meets the plain language 
requirements of this criterion. 
Documentation of the alien 's membership in associations in the field for which classification is 
sought, which require outstanding achievements of their members, as judged by recognized national 
or international experts in their disciplines or fields. 
This criterion contains several evidentiary elements the petitioner must satisfy. First, the petitioner must 
demonstrate that she is a member of more than one association in her field. Second, the petitioner must 
demonstrate both of the following: (1) that the associations utilize nationally or internationally 
recognized experts to judge the achievements (in the plural) of prospective members to determine if the 
achievements are outstanding, and (2) that the associations use this outstanding determination as a 
condition of eligibility for prospective membership. It is insufficient for the association itself to 
determine if the achievements were outstanding, unless nationally or internationally recognized experts 
in the petitioner's field, who represent the association, render this determination. It is also insufficient 
for the petitioner to claim that she was admitted to the association because of her outstanding 
achievements; the petitioner must show that the association requires outstanding achievements of all 
prospective members. The petitioner must satisfy all of these elements to meet the plain language 
requirements of this criterion. 
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The petitioner claims membership in the following: 
• 
• 
• 
• 
• 
The director determined that the petitioner did not meet the requirements of this criterion. The director 
determined that the positions of staff pianist and piano instructor did not constitute memberships as 
anticipated by the regulation. The director also determined that the } 
did not require outstanding achievement as a condition of membership. The 
director did not address the claim of piano accompanist at 
First, as the director indicated, the staff pianist position at constitutes a 
position of employment rather than a membership in an association as anticipated by the regulation. 
The petitioner provided Merriam-Webster's defmition of a membership to be, "[T]he state of belonging 
to or being a part of a group or an organization" and the definition of association as, "an organized 
group of people who have the same interest, job, etc." Irrespective of the petitioner's assertion, not 
every person who, as an employee, is technically part of an organized group of people who hold the 
same job, can meet this criterion's requirements. For example, not every employee who works at the 
·s a member of that association. Moreover, the regulations do cover 
employment, but require that the role be leading or critical and that the organization or establishment 
enjoy a distinguished reputation. 8 C.P.R. § 204.5(h)(3)(viii). The petitioner has never asserted that her 
roles meet the requirements of that regulation. Accordingly, the petitioner's attempts to equate 
employment with membership are not persuasive and are not in accord with the regulation. 
Regarding the staff pianist oosition at 
Director of the 
the petitioner provides a letter from 
Ms. 
states: 
When determining whom to hire as an Staff Pianist, I make the final 
decision ... The criteria applied when selecting an Staff Pianist 
include superior pianism, an ability to learn music quickly, substantial prior experience in 
accompanying, a strong work ethic and an ability to work well with others. To be selected as an 
Staff Pianist, the individual must be able to meet and maintain the 
school's extremely high standards and expectations. 
Although Ms indicates that she is selective, she also makes it clear that she is hiring an individual 
to perform work, rather than selecting someone to be a member of her association. The petitioner offers 
no probative evidence that this form of employment constitutes membership in accordance with the 
regulation. Even if this employment constituted a membership, which it does not, the petitioner has not 
provided evidence demonstrating that the requires outstanding achievements 
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of its prospective Staff Pianists. Ms. ;tates that the criteria applied to fill this position include 
"superior pianism, an ability to learn music quickly, substantial prior experience in accompanying, a 
strong work ethic and an ability to work well with others." While the position is competitive and 
requires a demonstrable level of competence, Ms. does not indicate that she requires outstanding 
achievements of prospective Staff Pianists as required by the regulation. 
Like the petitioner's previous claim relating to the she asserts that her 
employment with satisfies the membership regulation at 8 C.P.R. 
§ 204.5(h)(3)(ii). Within the apoeal brief. the oetitioner claims that she possesses "membership by 
being a Piano Accompanist wit because she is part of a group of teachers 
and teachers at would be an association because they are a group of people 
with the same job." Again, the petitioner offers no probative evidence that this form of employment 
constitutes membership in accordance with the regulation. Further, the petitioner's assertions are not 
evidence. Matter of Soffici, 22 I&N Dec. 158, 165 (Assoc. Comm'r 1998) (citing Matter of Treasure 
Craft of California. 14 I&N Dec. 190 (Reg'l Comm'r 1972)). Additionally, the Music Director for 
does not indicate that this institution requires outstanding achievements of 
prospective Piano Accompanists. 
The petitioner claims her employment as a piano instructor at qualifies as a 
membership under this criterion. This claim is not in accordance with the regulator requirement of a 
membership in an association. Notwithstanding this evidentiary shortcoming, also 
does not require outstanding achievements of its prospective piano instructors. The petitioner provides 
a letter from the owner, who indicates that the criteria that she employs when selecting 
a prospective piano instructor is for the candidate to be an established pianist, have previous teaching 
experience, and be familiar with all the piano method books. The candidate must also perform for Ms. 
It is clear that employment as a piano instructor at does not require 
outstanding achievements of its prospective piano instructors as a condition of employment. 
Regarding the the director noted within his decision that this 
organization did not qualify because the orchestra did not require "that outstanding achievement is an 
essential condition for admission, rand] it appears that membership is through an audition or personal 
selection rocess." the Music Director and Conductor of the 
selected the petitioner to serve as the pianist for the orchestra. Mr. lists three criteria to 
become a pianist for the orchestra: 
1. A performer who is accomplished as both a solo and a collaborative pianist; 
2. A pianist who can perform great variety of music styles in a short period of time; and 
3. A pianist who can play a piano reduction piece. 
Mr. did not provide detail regarding item 1, that the pianist be accomplished. However, it is clear 
from Mr. ; letter, that the criteria for an orchestral pianist do not include that the prospective 
pianist has accomplished outstanding achievements as a condition of membership. Rather, the position 
requires a satisfactory level of competence to perform the work. 
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Finally, the petitioner claims her position as a pianist in the a three-member musical group. 
The petitioner provides a letter from one of the founding group members. Although Mr. 
indicates that the petitioner "exhibits the highest level of artistry and musicianship," he does not 
indicate that the musical group employs specific criteria for admitting new members to the group. 
Consequently, the petitioner has not submitted evidence that demonstrates the requires 
outstanding achievements of prospective members. 
Based on the foregoing, the petitioner has not submitted evidence that meets the plain language 
requirements of this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien 's work in the field for which classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The director determined the petitioner met the requirements of this criterion. The petitioner has 
submitted sufficient evidence, to include two Chinese language articles fro 
to establish that she meets this criterion. 
Evidence of the alien 's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major significance in the field. 
The plain language of this regulatory criterion contains multiple evidentiary elements that the petitioner 
must satisfy. The first is evidence of the petitioner's contributions (in the plural) in her field. These 
contributions must have already been realized rather than being potential, future contributions. The 
petitioner must also demonstrate that her contributions are original. The evidence must establish that 
the contributions are scientific, scholarly, artistic, athletic, or business-related in nature. The final 
requirement is that the contributions rise to the level of major significance in the field as a whole, rather 
than to a project or to an organization. The phrase "major significance" is not superfluous and, thus, it 
has some meaning. Silverman v. Eastrich Multiple Investor Fund, L.P., 51 F. 3d 28, 31 (3'ct Cir. 1995) 
quoted in APWU v. Potter, 343 F.3d 619, 626 (2"ct Cir. Sep 15, 2003). Contributions of major 
significance connotes that the petitioner's work has significantly affected the field. See 8 C.P.R. 
§ 204.5(h)(3)(v); see also Visinscaia v. Beers, ---F. Supp. 2d ---, 2013 WL 6571822, at *6 (D.D.C. Dec. 
16, 2013). The petitioner must submit evidence satisfying all of these elements to meet the plain 
language requirements of this criterion. 
The petitioner provided numerous letters from experts in her field. The director determined that the 
petitioner did not meet the requirements of this criterion. On appeal, the petitioner identifies her 
qualifying contributions under this criterion as incorporating the for use in 
her performances and the musical instruction of others, in addition to applying pitch ear training to both 
solo and collaborative performances enabling the petitioner to better absorb, react, and blend in with the 
performances of other musicians. 
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\ 
The petitioner cites Matter of Skirball Cultural Center, 25 r&N Dec. 799 (AAO 2012), asserting that 
the director substituted his own judgment in the place of the judgment of the authors of the expert 
letters. Matter of Skirball Cultural Center discusses the weight USCrS affords expert opinions in an 
unrelated nonimmigrant visa classification. The director cited to Matter of Caron International, 
19 r&N Dec. 791, 795, (Conun'r 1988) within his decision stating: "USCIS may, in its discretion, use 
such letters [of support] as advisory opinions submitted by expert witnesses. However, USers is 
ultimately responsible for making the final determination of the alien's eligibility ... Without 
. documentation showing that the beneficiary's work has made a major significance to the field, users 
cannot conclude this criterion has been met." While the director did not find that evidence in the record 
explicitly contradicted the letters, the director did infer that the record lacked evidence supporting the 
conclusions in the letters. 
With respect to Matter ofSkirball, that case involved a regulation that expressly requires the submission 
of affidavits from experts, holding that users may not reject the factual conclusions of experts if 
reliable, relevant and probative. The regulation at issue in Matter of Skirball Cultural Center, 8 C.F.R. 
§ 214(p )(6)(ii) explicitly requires affidavits or letters from recognized experts attesting to the 
authenticity of the group. Conversely, the regulation at 8 C.F.R. § 204.5(h)(3)(v) does not specify that 
affidavits alone may satisfy this criterion. Expert testimony should "assist the trier of fact to understand 
the evidence or to determine a fact in issue." Matter of D-R-, 25 r&N Dec. 445, 459 (BIA 2011). See 
also Visinscaia, 2013 WL 6571822, at *8 (concluding that USCIS' decision to give limited weight to 
uncorroborated assertions from practitioners in the field was not arbitrary and capricious). Moreover, 
rather than simply citing Matter of Caron as support for rejecting the letters, the director considered the 
content of a portion of the letters and concluded that they did not specify how the petitioner's 
contributions were already having an impact in the field. See also Visinscaia, 2013 WL 6571822, at *6 
(concluding that USCIS' decision to give limited weight to uncorroborated assertions from practitioners 
in the field was not arbitrary and capricious). 
The petitioner identifies several letters on appeal that she contends establish her original contributions 
of major significance in her field. Most of the experts discuss her unique technique involving her finger 
movements, in addition to her unique listening technique. The remaining letters discuss these same 
techniques that the petitioner applies as an instructor. 
Regarding the originality of the Taiwanese technique, a popular euphonium 
performer in Japan, states that most pianists utilize a different finger movement technique than the 
petitioner, which makes her unique. Mr. does not indicate that the petitioner was the first, or 
even the only, pianist to utilize the "Taiwanese technique." Although a Bulgarian 
composer, indicates the petitioner is performing the Taiwanese technique in "a very new, very original 
way," neither Mr. nor the petitioner provide an indication of what new ways she was employing 
the technique that would demonstrate that her methods are original. For example, she did not provide 
media coverage of any new techniques that she devised, nor has she produced instruction manuals or 
books relating to a new technique. While the petitioner's technique may be a unique one, she has not 
demonstrated that it is original. She does not produce probative evidence that she is the artist that 
created the technique, that she was the first to employ such techniques, nor is there probative evidence 
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Page 11 
on record establishing that she is utilizing it in a manner that is distinct from how others have employed 
it in the past. While Mr. asserts generally that other pianists in Japan are adopting her finger 
independence technique and Mr. confirms seeing "other pianists" observe the petitioner to adopt 
her style, the record lacks letters from those the petitioner has instructed who are utilizing these unique 
techniques. 
The letters from indicate that the petitioner is teaching 
piano students and the petitioner claims she is having an impact in the field though these students. 
However, the petitioner does not provide evidence demonstrating that her instruction at multiple 
institutions constitutes a contribution in her field that is of major significance. For example, the record 
lacks evidence that a large number of the petitioner's students have employed the technique with a great 
amount of success. Simply instructing students, without a substantial display of success shown by the 
students, is insufficient to demonstrate that the petitioner has significantly impacted the field through 
her instruction. In fact, the media articles on record contain no information relating to those the 
petitioner has instructed. 
While the use of the Taiwanese technique may set the petitioner apart from many other pianists, neither 
she, nor the experts in her submitted letters, provide an explain of how these unique factors have 
impacted the field, which are corroborated with probative evidence. Regardless of the field, the plain 
language of the phrase "contributions of major significance in the field" requires evidence of an impact 
beyond one's employer and clients or customers. See Visinscaia, 2013 WL 6571822, at *6 (D.D.C. 
Dec. 16, 2013) (upholding a finding that a ballroom dancer had not met this criterion because she did 
not demonstrate her impact in the field as a whole). For these techniques to have had a significant 
impact within the field, we would expect the petitioner to be able to document the widespread adoption 
of these techniques by both novice as well as established pianists, and we would expect such adoption 
to go beyond those the petitioner has instructed. The petitioner has not demonstrated any such impact. 
The petitioner submits media articles as corroborating evidence in support of the claims that her 
methods are not onlv original in her field, but also of major significance. The first article from 
_ titled, ~ _ _ _ is dated 
March 12, with no year provided. This article discusses the petitioner's history in the music field and 
extols her abilities; however, the article lacks any indication that the petitioner's use of the Taiwanese 
Pentatonic Scale is original in the field. The ·article also does not corroborate the expert letters that 
claim the petitioner's use of the Taiwanese Pentatonic Scale has had any impact within the field of 
music. Also absent from this form of media is any reference to the petitioner's application of pitch ear 
training. The petitioner's appellate brief states that this article: "[W]ould have been read by numerous 
pianists around the globe and made a significant impact on how they approach piano performance." 
The petitioner's unsupported assertions do not constitute evidence. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Soffici, 22 I&N Dec. at 165. The final form of corroborating evidence in 
support of the ex ert letters is an article from the dated December 11, 2012, and titled, 
The only mention of 
the petitioner in this article is to identify her on the piano, and to assess that the venue's acoustics and 
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the petitioner's piano performance drowned out the other instruments. This article does not support the 
claims asserted within the expert letters discussed above, and consequently does not corroborate the 
experts' claims. 
Additionally, the regulations contain a separate criterion regarding published material about the 
petitioner. 8 C.F.R. § 204.5(h)(3)(iii). We will not presume that evidence relating to or even meeting 
the published material criterion is presumptive evidence that the petitioner also meets this criterion. 
Here it should be emphasized that the regulatory criteria are separate and distinct from one another. 
Because separate criteria exist for published material and original contributions of major significance, 
USers clearly does not view the two as being interchangeable. Published news articles are not 
sufficient evidence under 8 C.F.R. § 204.5(h)(3)(v) absent evidence that they reference original 
contributions of major significance. 
The petitioner submitted numerous additional reference letters praising her exceptional talents as a 
pianist. Talent and experience in one's field, however, are not necessarily indicative of original artistic 
contributions of major significance in the field. The reference letters do not provide specific examples 
of how the petitioner's work has significantly affected the field at large or otherwise constitutes original 
contributions of major significance. 
The Board of Immigration Appeals (BIA) has stated that testimony should not be disregarded simply 
because it is "self-serving." See, e.g., Matter of S-A-, 22 I&N Dec. 1328, 1332 (BIA 2000) (citing 
Matter of M-D-, 21 I&N Dec. 1180 (BIA 1998); Matter ofY-B-, 21 I&N Dec. 1136 (BIA 1998); Matter 
of Dass, 20 I&N Dec. 120 (BIA 1989); see also Matter of Acosta, 19 I&N Dec. 211, 218 (BIA 1985)). 
The Board clarified, however: "We not only encourage, but require the introduction of corroborative 
testimonial and documentary evidence, where available." Matter of S-A-, 22 I&N Dec. at 1332. If 
testimonial evidence lacks specificity, detail, or credibility, there is a greater need for the petitioner to 
submit corroborative evidence. Matter ofY-B- , 21 I&N Dec. at 1136. 
Vague, solicited letters from local colleagues that do not specifically identify contributions or provide 
specific examples of how those contributions influenced the field are insufficient. Kazarian v. USCIS, 
580 F.3d 1030, 1036 (91h eir. 2009) aff'd in part 596 F.3d 1115 (9th eir. 2010). In 2010, the Kazarian 
court reiterated the conclusion that "letters from physics professors attesting to [the alien's] 
contributions in the field" was insufficient was "consistent with the relevant regulatory language." 
596 F.3d at 1122. The opinions of experts in the field are not without weight and are considered above. 
While such letters can provide important details about the petitioner's skills, they cannot form the 
cornerstone of a successful extraordinary ability claim. users may, in its discretion, use as advisory 
opinions statements submitted as expert testimony. See Matter of Caron International, 19 I&N Dec. at 
795. However, USeiS is ultimately responsible for making the fmal determination regarding an alien's 
eligibility for the benefit sought. !d. The submission of letters from experts supporting the petition is 
not presumptive evidence of eligibility; users may evaluate the content of those letters as to whether 
they support the alien's eligibility. See id. at 795; see also Matter of V-K-, 24 I&N Dec. 500, n.2 (BIA 
2008) (noting that expert opinion testimony does not purport to be evidence as to "fact" but rather is 
admissible only if it will assist the trier of fact to understand the evidence or to determine a fact in 
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issue). US CIS may even give less weight to an opinion that is not corroborated, in accord with other 
information or is in any way questionable. /d. at 795; see also Matter of Soffici, 22 I&N Dec. at 165 
(citing Matter of Treasure Craft of California, 14 I&N Dec. at 190). Thus, the content of the writers' 
statements and how they became aware of the petitioner's reputation are important considerations. 
Additionally, each letter submitted in support of the petitioner's eligibility claim appears to have been 
drafted in response to the petitioner's efforts in attaining permanent resident status in the United States. 
While letters authored in support of the petition have probative value, they are most persuasive when 
supported by evidence that already existed independently. In this matter, while the petitioner submitted 
published material about her in major media, the materials themselves do not corroborate the letters as 
the material does not reference Jhe originality of the petitioner's technique or its influence. 
Consequently, the petitioner has not submitted evidence that meets the plain language requirements of 
this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases . 
Within the proceeding, the petitioner asserts that her public piano performances constitute "artistic 
exhibitions or showcases" under 8 C.F.R. § 204.5(h)(3)(vii). The interpretation that 8 C.F.R. 
§ 204.5(h)(3)(vii) is limited to the visual arts is longstanding and has been upheld by a federal district 
court. See Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at 7 (D. Nev. Sept. 8, 2008) (upholding an 
interpretation that performances by a performing artist do not fall under 8 C.F.R. § 204.5(h)(3)(vii)). 
See also Visinscaia v. Beers, 2013 WL 6571822, at *8. As the petitioner is not a visual artist and has 
not created tangible pieces of art that were on display at exhibitions or showcases, the petitioner has not 
submitted qualifying evidence that meets the plain language requirements of the regulation at 8 C.F.R. 
§ 204.5(h)(3)(vii). 
B. Summary 
The petitioner has not satisfied the antecedent regulatory requirement of three types of evidence. 
III. CONCLUSION 
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 have risen to the very top of the field of endeavor. 
Had the petitioner submitted the requisite evidence under at least three evidentiary categories, in 
accordance with the Kazarian opinion, the next step would be a final merits determination that 
considers all of the evidence in the context of whether or not the petitioner has demonstrated: (1) a 
"level of expertise indicating that the individual is one of that small percentage who have risen to the 
very top of the[ir] field of endeavor" and (2) "that the alien has sustained national or international 
acclaim and that his or her achievements have been recognized in the field of expertise." 8 C.F.R. 
§ 204.5(h)(2) and (3); see also Kazarian, 596 F.3d at 1119-20. While we conclude that the evidence is 
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not indicative of a level of expertise consistent with the small percentage at the very top of the field or 
sustained national or international acclaim, we need not explain that conclusion in a final merits 
determination? Rather, the proper conclusion is that the petitioner has not satisfied the antecedent 
regulatory requirement of three types of evidence. !d. at 1122. 
The petitioner has not established eligibility pursuant to section 203(b)(1)(A) of the Act and the petition 
may not be approved. 
The appeal will be dismissed for the above stated reasons, with each considered as an independent and 
alternate basis for the decision. In visa petition proceedings, it is the petitioner's burden to establish 
eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of 
Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed. 
3 
The AAO maintains de novo review of all questions of fact and law. See Soltane v. DOl, 381 F.3d 143, 145 (3d 
Cir. 2004). In any future proceeding, the AAO maintains the jurisdiction to conduct a final merits determination 
as the office that made the last decision in this matter. 8 C.F.R. § 103.5(a)(1)(ii). See also section 103(a)(1) of 
the Act; section 204(b) of the Act; DHS Delegation Number 0150.1 (effective March 1, 2003); 8 C.F.R. § 2.1 
(2003); 8 C.F.R. § 103.1(f)(3)(iii) (2003); Matter of Aurelio, 19 I&N Dec. 458, 460 (BIA 1987) (holding that 
legacy INS, now USCIS, is the sole authority with the jurisdiction to decide visa petitions).