dismissed EB-1A Case: Singer

U.S. Citizenship 
and Immigration 
Services 
MATTER OF V-P-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 22, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a singer, seeks classification as an alien of extraordinary ability. See Immigration and 
Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first preference 
classification makes immigrant visas available to those who can demonstrate their extraordinary ability 
through sustained national or international acclaim and whose achievements have been recognized in 
their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner has received a major, internationally recognized award or met 
the requirements of at least three of the ten evidentiary criteria. 
On appeal, the Petitioner asserts that the Director did not give proper consideration to the submitted 
evidence, and that the translation certificates it submitted were compliant with the regulations. 
Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b )(1 )(A) of the Act makes visas available to immigrants with extraordinary ability 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 into the United States will substantially benefit prospectively the 
United States. 
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." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
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Matter of V-P-
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) (discussing a two-part review 
where the documentation is first counted and then, if fulfilling the required number of criteria, 
considered in the context of a final merits determination); see also Visinscaia v. Beers, 4 F. Supp. 3d 
126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011), aff'd, 683 F.3d. 
1030 (9th Cir. 2012); Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that the "truth 
is to be determined not by the quantity of evidence alone but by its quality" and that U.S. Citizenship 
and Immigration Services (USCIS) examines "each piece of evidence for relevance, probative value, 
and credibility, both individually and within the context of the totality of the evidence, to determine 
whether the fact to be proven is probably true"). Accordingly, where a petitioner submits qualifying 
evidence under at least three criteria, we will determine whether the totality of the record shows 
sustained national or international acclaim and demonstrates that the individual is among the small 
percentage at the very top of the field of endeavor. 
In addition, the regulation at 8 C.F.R. § 103.5(b)(3) states the following regarding the translation of 
foreign-language documents: 
(3) Translations. Any document containing foreign language submitted to USCIS shall 
be accompanied by a full English language translation which 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. 
11. ANALYSIS 
The Director found that the Petitioner did not meet any of the evidentiary criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). On appeal, the Petitioner asserts that she meets eight of the ten 
evidentiary criteria. After reviewing all of the evidence in the record, we find the she has not met the 
requisite three criteria, which will be explained in detail below. 
The Director's decision primarily focused on the lack of proper certifications which accompanied the 
English translations of much of the evidence in the record. The Petitioner ' s original submission 
included several documents submitted in support of several of the evidentiary criteria, such as letters, 
published articles and related information, followed by translations which include a seal which states 
"Official Translator" as well as a signature. In addition, an attestation from an Albanian notary 
followed some of these translations and contained the following statement: 
Today, on 03 August 2016 I, the undersigned notary [notary's name] with the premises 
m declare that the translation of the attached document from Albanian into 
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English from the English translator [translator's name] is the best of my knowledge and 
belief a true and a faithful rendering of the original language, and I the Notary certify 
it pursuant the law. 
In his request for evidence (RFE) to the Petitioner, the Director explicitly stated that the translations 
were not compliant with the regulation at 8 C.F.R. § 103.5(b)(3), since they do not include a 
certification from the translator that the translations are "complete and accurate" and that he or she "is 
competent to translate from the foreign language into English." The Petitioner's response to the 
Director's RFE included the same translations, but with the notary's seal removed or hidden, 
accompanied by a certification from her representative in which he claims to be the author of the 
translations. Because neither the initially submitted certifications nor those submitted in response to 
the RFE were completed by the translator of the documents in Albanian, these translations are not 
compliant with the regulatory requirements. However, we will review the content of these translations 
and note any further evidentiary deficiencies in our analysis below. 
Other English translations, primarily of reference letters, include a signed stamp with the following 
statement: 
The undersigned being duly conversant in both English and Albanian languages hereby 
certify that the above is a direct translation of the statement. 
These certifications are substantially compliant with the requirements at 
8 C.F.R. § 103.5(b)(3), and will therefore be considered as evidence in support of the relevant 
evidentiary criteria below. 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F .R. § 
204. 5(h)(3)(i) 
The Petitioner submitted evidence relating to her receipt of the following awards: 
• First Prize, 2011 
• Best Female Interpretation, 2005 4111 Edition 
• Summer Hits 2016, 
• Public Prize, 
• Honor of the Union, 
2016 
• Certificate of Gratitude, 2014, 
• Certificate of Gratitude, 2016, 
Regarding the First Prize at the we note that the evidence consists 
of a printed certificate with the Petitioner 's name handwritten in below which is a blank line 
after the words "For the song." These deficiencies in the evidence decrease its probative value. In 
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addition, the website information which accompanies this certificate relates to a different music 
festival, the which takes place in Bulgaria, not 
Macedonia as the certificate indicates. Other evidence relating to this evidence includes an 
interview of the Petitioner posted on a blog, http://albavipnews.blogspot.com, in which she mentions 
her participation in the in 2011 but does not mention an award, and a 
biography and a gossip news article, neither of which list an author. Given the incompleteness of the 
award certificate and the lack of verifiable supporting documentation, this evidence does not establish 
that the Petitioner received the prize or award claimed. 
Turning to the second listed certificate, the term "best female interpretation" does not clearly indicate 
whether this was a top prize at the festival, nor does the supporting evidence submitted with the 
certificate clarify this. 1 An article posted on the same blog mentioned above discusses the 2013 
version of the television show, but mentions only the top prize received in that 12th 
edition, and thus does not serve to show that the prize received by the Petitioner was nationally or 
internationally recognized. 
The next two certificates, for "Summer Hits 2016" and the 
, also do not indicate whether they were given as top prizes in competitions, as the 
record does not include evidence of the criteria for these awards. In addition, the YouTube and 
Facebook screenprints relating to the Summer Hits 2016 certificate do not provide information about 
the award sufficient to establish that they are nationally or internationally recognized. 
The last three certificates listed above indicate that they were given to the Petitioner for her 
participation in several festivals and other events, not only as a singer but also as a presenter and 
coordinator. This evidence does not establish that they were awarded to the Petitioner for excellence 
as a smger. 
Upon review, while the evidence demonstrates that the Petitioner received some of the listed awards, 
this evidence does not show that these awards are nationally or internationally recognized. Therefore 
the Petitioner has not established that she meets this criterion. 
Documentation of the individual'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. 8 
C.F.R. § 204.5(h)(3)(ii) 
The Petitioner submitted evidence that she is a member of described as an artistic 
cultural association. The evidence includes articles which describe the activities of the association, as 
well as a letter from the head of in which she states that the 
Petitioner " has been invited to participate in international and national festivals" because of her 
"extraordinary contributions." H owever, ___ does not provide details about the association' s 
1 We further note that one of the articles submitted in support of this certificate, from a blog named "ALBA VIP 
Thashetheme," includes an English translation preceded by the phrase "translated by google." As indicated in the 
Director 's decision , such translations, vvithout certificat ion from a translator, do not meet the requirements at 8 C.F.R. § 
103.2(b)(3). 
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Matter of V-P-
membership requirements, nor does the evidence include its bylaws or other governing rules which 
might state its membership requirements, or how and by whom applicants are judged. 
Also submitted was a letter from General Secretary of the 
who confirms that the Petitioner joined this group in 2017. 
does not describe any membership requirements for and an article in the record from the 
New York Daily News states that where it used to be a political organization, it is now "more of a social 
organization." The Petitioner has therefore not established that is an association for singers 
or others in the music industry, or that it requires outstanding achievements of its members. As such, 
we agree with the Director that the Petitioner has not established that she meets this criterion. 
Published material about the individual 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. 8 C.F.R. § 204.5(h)(3)(iii) 
Several articles were submitted from Albanian newspapers and magazines, including Telegraf, Vajza 
e Dites, and Femra Moderne. In addition to the deficiencies in the translation certifications noted 
above, we note that some of these articles are incomplete, or do not contain the required date, author 
and/or publication information. For example, an article claimed to have been published in Telegraf 
on 2008 is missing the date and author of the material, and the original is not complete. In 
addition, some of the articles which are about the Petitioner do not relate to her work in the field but 
to personal matters such as her marital status, physical appearance and food preferences. An example 
of this is the article published in the 2006 edition of Femra Moderne, which consists of 60 
short questions and answers focusing entirely on the Petitioner's personal life versus her career as a 
smger. 
In addition, the Petitioner has not established that those articles in the record which are, at least in part, 
about her and her work as a singer were published in professional or major trade publications or other 
major media. The Petitioner submitted a letter from Avni Elezi, administrator of Vajza e Dites 
magazine, which states that it has a circulation of 2000, has been publishing since 2004, and is 
distributed throughout Albania. However, it did not provide comparative data to establish that when 
compared to the circulation of other publications in Albania, this magazine can be considered to 
qualify as major media. Regarding the newspaper Telegraf, the Petitioner submitted a copy of its 
webpage which indicates that it is available for sale throughout Albania, as well as a printout titled 
"telegraf.al Traffic Statistics" which indicates that the website was ranked 610th in terms of traffic 
among websites frequented by Albanians. However, the record does not include information about 
the websites of other Albanian publications to which this figure could be compared to determine if it 
qualifies as "major media." Also, the record includes a copy of the Facebook page for FemraModern e 
which indicates that it has more than 25,000 followers. As with the evidence regarding the other 
publications, this raw number is insufficient to demonstrate, by itself, that this magazine qualifies as 
"major media" as required by the plain language of this criterion. Therefore, the evidence does not 
establish that the Petitioner meets this criterion. 
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Evidence of the individual's participation, either individually or on a panel, as a judge 
of the work of others in the same or an allied field of specialization for which 
classification is sought. 8 C.F.R. § 204.5(h)(3)(iv) 
The Petitioner submitted a letter from the President and Producer of the event, "where 
compete the most beautiful girls of the north Albania," who indicate that she was selected as 
chairwoman of the jury for the third edition of the event. The letter further states that the Petitioner 
was selected "so she can properly evaluate the most beautiful northern girl." This letter does not 
indicate that the contestants who were judged by the Petitioner and the rest of the jury were singers or 
worked in an allied field of specialization, or that they were judged on their work as singers. As such, 
we find that the evidence does not establish that the Petitioner meets this criterion. 
Evidence of the individual's original scientific, scholarly, artistic, athletic, or business­
related contributions of major significance in the field 8 C.F.R. § 204.5(h)(3)(v) 
In order to satisfy the regulation at 8 C.F.R. § 204.5(h)(3)(v), a petitioner must establish that not only 
has he made original contributions, but that they have been of major significance in the field. For 
example, a Petitioner may show that the contributions have been widely implemented throughout the 
field, have remarkably impacted or influenced the field, or have otherwise risen to a level of major 
significance. 
The Petitioner does not identify a specific original artistic contribution that she has made, but instead 
refers to evidence of her music contract and letters from others in the music industry. She refers to 
evidence of a contract with a company called which consists of a letter from the co­
owner of this company which states that she has "a management contract with our firm, for a 
unspecified time frame, valued at: 500,000 (50,000 new money),"2 but does not explain why her 
representation by a management company should be considered to be a contribution to the music 
industry. In addition, the reference letters submitted in support of this criterion discuss various aspects 
of the Petitioner's singing career, but do not provide specific information regarding her original 
contributions to the field of music or the music industry. )fthe 13th district 
of New York, states that the Petitioner has performed in his community at an international 
music festival, and opines that she has "made outstanding contributions to the field of music," but does 
not elaborate on what those contributions were. Similarly, an Albanian singer and 
songwriter, describes how he met and collaborated with the Petitioner, and describes her skills and 
talent as a performer, but does not identify a contribution she has made to the field. Also, 
a composer who has worked with the Petitioner, describes their past and continuing 
collaboration and states that she has "a good image for the public" and "brings new trends and 
positivity." While this evidence serves to verify the Petitioner 's work as a singer, it does not establish 
that she has made original contributions that have influenced other singers or otherwise been of major 
significance to the field. Therefore, it does not demonstrate that she meets the requirements of this 
criterion. 
2 We note that in addition to the deficiencies with all of the English translations noted earlier, the translation of the letter 
from adds text which i s not in the original document. It cannot therefore be accepted as a complete and 
accurate translation from Albanian into English. 
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Matter of V-P-
Evidence that the individual has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 8 C.F.R. § 
204. 5(h)(3)(viii) 
In support of her assertion that she has played a critical role for establishments in Albania, the 
Petitioner refers to letters which verify her work with and 
television. Vice Director of states that she is a "regular collaborator" and 
"is a participant" in many programs, including and However, this letter 
does not specify the Petitioner's role in these programs, nor does it indicate that her participation was 
critical to any success they may have enjoyed. Similarly, a letter from verifies the 
Petitioner's title and salary at , but does not provide details about her employment or indicate 
that she played a critical role for the establishment as a whole. Accordingly, this evidence does not 
establish that the Petitioner meets this criterion. 
Evidence that the individual has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field 8 C.F .R. § 204.5(h)(3)(ix) 
The record includes the following evidence regarding the Petitioner's earnings: 
• Letter from of stating that the Petitioner works as a 
musical producer from 2001 to 2016, earning 1,000 euros per month 
• Letter from of stating that the Petitioner "has a 
management contract with our firm, for a unspecified time frame, valued at: 500,000 (50,000 
new money.)" 
• Webpage article that mentions that some producers are singers. 
• Webpage article from www.paylab.com indicating that the average salary in Albania is 53,950 
ALL. The Petitioner highlights an entry under "Arts & Culture" which indicates a salary of 
913,232 ALL. 
• Article dated April 5, 2015 from Independent Balkan News Agency stating that the average 
monthly salary in Albania is 45,539 ALL, or 330 euros. 
We first note that despite the Director's specific request in his RFE, the Petitioner did not submit 
verifiable evidence in support of these letters, such as Forms W-2 or foreign tax documentation of her 
salary. Although the Petitioner claimed that "there are no W-2 or taxes in 
Albania," she did not submit evidence in support of this statement, nor did she submit other evidence 
of her salary, such as copies of pay receipts or bank statements. The submitted evidence is insufficient 
to establish the amount of the Petitione r' s s alary. In addition, we note that the evidence regarding 
salaries in Alban ia does not provide data regarding the salaries of other singers in Albania , and thus 
does not provide a basis of compa rison which would allow us to determine that the Petitione r' s salary 
is high. Therefore, the Petitione r has not established that she meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box office 
receipts or record, cassette, compact disk, or video sales. 8 C.F.R. § 204.5(h)(3)(x) 
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In support of her qualification under this criterion, the Petitioner once again refers to the letter from 
of which as previously mentioned has not been properly translated. 
Also, we note that the value of a management contract, even if supported by verifiable evidence, is 
not one of the types of evidence specified in the plain language of the criterion. 
The Petitioner also submitted evidence in the form of Y ouTube screenshots of her music videos, 
showing the number of times they had been viewed. We will initially note that the Petitioner's claim 
that several of the videos have "over 2.4 million subscribers" is not accurate, as that number relates to 
the Y ouTube channel There is no indication in the record that this number of 
subscribers can be attributed solely to the Petitioner. More importantly, the Petitioner has not 
established that the number of views of her videos is evidence of commercial success similar to box 
office receipts, or compact disk or video sales, since this evidence does not demonstrate the monetary 
value of these views or otherwise set a basis for determining commercial success. Similarly, while 
the Petitioner submitted evidence that her music is available on digital streaming services such as 
Spotify and Soundcloud, and that some of her songs have been streamed or downloaded thousands of 
times over the course of several years, this evidence is not sufficient to demonstrate that she has 
achieved commercial success. Accordingly, it does not establish that the Petitioner meets this 
criterion. 
III. CONCLUSION 
The evidence does not establish that the Petitioner received a major, internationally recognized award 
or meets three of the ten evidentiary criteria. As a result, we need not provide the type of final merits 
analysis determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise that we 
have reviewed the record in its entirety, and conclude that it does not support a finding that the 
Petitioner has established the level of expertise required for the classification sought. For these 
reasons, the Petitioner has not shown that she qualifies for classification as an individual of 
extraordinary ability. 
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 
Skirball Cultural Ctr., 25 I&N Dec. 799, 806 (AAO 2012). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofV-P- , ID# 2794783 (AAO Apr. 22, 2019)