dismissed EB-1A Case: Theater Arts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-T- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 26, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a theater company, seeks classification of the Beneficiary as an individual of 
extraordinary ability in the arts. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 
8 U. S.C. § l l 53(b )(1 )(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 Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had shown that the Beneficiary met only one of the ten initial 
evidentiary criteria, of which she must meet at least three. 
On appeal, the Petitioner submits additional evidence and contends that the Beneficiary meets three 
criteria. 
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. 
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Matter of K-T- Inc. 
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 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets at 
least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such 
as awards, memberships, and published material in certain media). 
Where a beneficiary meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether 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. 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). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "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." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
11. ANALYSIS 
The Petitioner, a theater company, seeks classification of the Beneficiary, a theater actor, producer, 
and translator, as an individual of extraordinary ability. As the record does not establish that the 
Beneficiary has received a major, internationally recognized award, the Petitioner must demonstrate 
that the Beneficiary satisfies at least three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
A Evidentiary Criteria 
The Director held that the Beneficiary only met the judging criterion under 8 C.F.R. § 204.5(h)(3)(iv). 
On appeal, the Petitioner asserts that the Beneficiary also meets the criteria for published material, 
original contributions of major significance, display, and leading or critical role at 8 C.F.R. 
§ 204.5(h)(3)(iii), (v), (vii), and (viii). Here, we conclude that the Petitioner has established that the 
Beneficiary meets the criteria for judging, display, and leading or critical role. 
Specifically , the record reflects that the Beneficiary has judged the work of others in her role as the 
executive producer of the in selecting the top six plays from which the winner of 
the would be selected. For display, the Beneficiary has performed as an actor in 
plays and theatrical festivals . And with respect to a leading or critical role for an organization with a 
distinguished reputation , the record establishes that the Beneficiary has met this criterion as a literary 
and production director , as a literary translator , and as a leading actor in many of the Petitioner ' s 
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Matter of K-T- Inc. 
productions. 1 Accordingly, we will evaluate the totality of the evidence in the context of the final 
merits determination below. 2 
B. Final Merits Determination 
As the Petitioner has established that the Beneficiary meets the requisite initial proof, we will evaluate 
whether the evidence establishes, by a preponderance of the evidence, that the Beneficiary has 
sustained national or international acclaim, that she is one of the small percentage at the very top of 
the field of endeavor, and that her achievements have been recognized in the field through extensive 
documentation. In a final merits determination, we analyze a beneficiary's accomplishments and 
weigh the totality of the evidence to determine if her successes are sufficient to demonstrate that she 
has extraordinary ability in the field of endeavor. See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. 
§ 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. In this matter, we determine that the 
Petitioner has not established the Beneficiary's eligibility. 
The record reflects that the Beneficiary is a theater actor, producer, and translator for the Petitioner, 
an Italian theater company in and that she is the executive producer for the Petitioner's 
As mentioned above, the Beneficiary judged the work of others 
within her field, displayed her work at artistic exhibitions, and performed a leading or critical role for 
an organization with a distinguished reputation. The record, however, does not demonstrate that her 
achievements are reflective of a "career of acclaimed work in the field" as contemplated by Congress. 
H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). 
Regarding the Beneficiary's experiences judging the work of others, an evaluation of this practice is 
acceptable under Kazarian, 596 F. 3d at 1121-11, to determine if such evidence is indicative of the 
extraordinary ability required for this highly restrictive classification. The record reflects that the 
Beneficiary was responsible for judging and selecting the shortlist of plays for the 
playwriting competition, which is part of the Petitioner's 3 The Petitioner also 
describes this as a competition in which the award is presented to "the author of an original 
play in Italian or Italian dialect, never-before produced or published." After the Beneficiary selects 
the top six plays, they are then presented to a jury, and ultimately to himself until a finalist 
is selected. 
The record contains a letter from in support of the Beneficiary's petition, attesting to her 
role in this process. However, the record does not establish that the Beneficiary garnered wide 
attention from the field based on her work as a shortlist judge. Instead, most of the evidence in the 
record about this competition focuses on For example , the Petitioner provided a Broadway 
World article, which states that the ___ award is "[p]resented annuall y to an emerging Italian 
1 The record reflects that the Petitioner is a theater in residence at The record contains sufficient 
additional evidence demonstrat ing that it has a distinguished reputation. 
2 As the Petitioner also references the criteria relating to published material at 8 C.F .R. § 204.5(h)(3)(iii) and contributions 
of major significance at 8 C.F.R. § 204.5(h)(3)(v), we will consider the evidence relating to these criteria in our final merits 
determinat ion as we assess whether the Beneficiary has sustained national or international acclaim and has risen to the 
very top of her field. 
3 The record reflects that is an internationa lly renowned Italian playwright, having won seven awards, 
among other awards, and having written over 100 plays. 
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Matter of K-T- Inc. 
playwright" and that the award is named after the "internationally acclaimed playwright and drama 
critic." This article only briefly mentions the Beneficiary as the official translator of the winning play. 
Several other provided articles similarly focus on but only briefly mention the Beneficiary. 
a member of the Petitioner's advisory board, states in her letter that the 
Beneficiary's "selections have been a critical factor in making the competitions so successful," but the 
record does not contain evidence demonstrating acclaim to the Beneficiary for her role as a shortlist 
judge. Even the article discussing the 2016 Award from the website 
states the members of the jury for this competition but does not reference the Beneficiary's role as a 
shortlist judge. Accordingly, while we note the importance of the Beneficiary's role as the shortlist 
judge of emerging Italian playwrights who have not previously published a play, the record does not 
reflect that her role in this competition rises to the level of the necessary acclaim for this classification. 
Without evidence that sets her apart from others in her field, such as evidence that she served as a 
judge of acclaimed individuals or of prestigious national or international competitions, it has not been 
established that she "is one of that small percentage who [has] risen to the very top of the field of 
endeavor." See 8 C.F.R. § 204.5(h)(2). 
As to the display of the Beneficiary's work, the record reflects that she has performed as a theater 
actor in As it is expected that actors would exhibit their artistic work in front of 
audiences, we will evaluate the extent to which the display of her work is reflective of acclaim 
consistent with this classification. The Petitioner states that the Beneficiary has performed in over 40 
plays, 4 seven of which were leading roles in the but the evidence in the record has 
not established that her performances are indicative of her status as an actor at the very top of her field. 
The record does not demonstrate that her performances brought wide praise from critics, drew notable 
crowds, raised attendance, or were responsible for the success or standing of the events. Without 
evidence distinguishing her work from others in her field, the record does not demonstrate that she "is 
one of that small percentage who [has] risen to the very top of the field of endeavor." See 8 C.F.R. 
§ 204.5(h)(2). 
For leading or critical role, the Petitioner first describes the Beneficiary's role within its organization 
as its literary and producing director. Specifically, the Petitioner describes the Beneficiary's role as 
"sourcing and selecting plays for production since 2012," developing and maintaining relationships 
between the Petitioner's organization and acclaimed actors as well as the 
among others. 
However, the Petitioner has not established that the Beneficiary 's role as its literary and production 
director, or her role in forming these relationships, demonstrates that the Beneficiary has received 
national or international acclaim. For instance, in a letter from director of 
for the Italian cultural center at , he states that the 
Beneficiary "has contributed to each stage of [the Petitioner ' s] productions, from the initial selection 
of plays to be performed to the arrangements with venues to the promotion of the shows," but he does 
not indicate how well-known the Beneficiary has become for this role. While ___ states that 
4 The Petitioner has not identified on appeal the details of these 40 plays and where they were performed. 
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Matter of K-T- Inc. 
the Petitioner's Italian theater festival is the only one that operates in all five boroughs of 
this tends to demonstrate acclaim to the Petitioner but not to the Beneficiary. Similarly, the 
record contains a letter from the attache for cultural affairs at the 
of New York, who also refers to the acclaim to the Petitioner and not the Beneficiary. Specifically, 
he states that the Petitioner is "New York's premier Italian theater company." And while he states 
that the Beneficiary "has been essential in producing Italian plays in New York" as the Petitioner's 
literary and production director, he does not state how the Beneficiary's role in this respect has resulted 
in her acclaim. 
With respect to the Beneficiary's work in the Petitioner's the record reflects that 
the Beneficiary helped this festival grow from having three shows in 2013 to having 12 shows in 2018. 
In the letter from she states that the Beneficiary has arranged for award-winning 
individuals from Italy to perform in the she has read and reviewed the submissions 
each year, she has overseen the translations and publications for the festival, and she has created 
partnerships with the organizations discussed above, such as the the 
and others. further states that the Beneficiary has 
overseen the hiring of interns and has liaised with a press representative prior to the festival each year. 
Much of the Beneficiary's work with the has occurred largely behind-the-scenes in 
producing this festival. While many of the letters demonstrate the Beneficiary's renown within the 
area, the Petitioner has not shown how these activities have resulted in national or 
international acclaim. Accordingly, the record does not establish that the Beneficiary's experiences 
discussed above place her at the very top of her field of endeavor. 8 C.F.R. § 204.5(h)(2). 
Next, regarding the Beneficiary's leading role in the Petitioner's performances, the Petitioner states 
that the Beneficiary performed a leading role in during the 
in collaboration with We note that an article entitled, 
published by La Voce di New York, further elaborates on 
this collaboration with stating that this performance took place at 
as part of a month-long program dedicated to The evidence in the record does 
not show that the Beneficiary's performances in this play are indicative of national or international 
acclaim, such as through press coverage of a national or international level. We note that the evidence 
in the record does not distinguish the Beneficiary's performances from others in her field or show that 
they reflect a "career of acclaimed work in the field." H.R. Rep. No. 101-723 at 59. 
Beyond the three criteria that the Beneficiary has satisfied, we have also considered the additional 
documentation in the record to determine whether the totality of the evidence demonstrates that she 
has national or international acclaim and has risen to the very top of her field under 8 C.F.R. 
§ 204.5(h)(2)-(3). 
For published material, the majority of the publications in the record about the Beneficiary have not 
been properly translated. Any document in a foreign language must be accompanied by a full English 
language translation. 8 C.F.R. § 103.2(b)(3). The translator must certify that the English language 
translation is complete and accurate, and that the translator is competent to translate from the foreign 
language into English. Id. Here, the translations do not contain a certification from the translator, and 
the translations appear to be excerpts of the original articles. Accordingly, these translations do not 
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Matter of K-T- Inc. 
comply with the requirements of 8 C.F.R. § 103.2(b)(3), and we are unable to meaningfully consider 
this documentation as evidence. 
The publications that are in English include Broadway World articles, Theater Mania articles, a 
slideshow from the website villagevoices.com, an article from theaterscene.net, a Playbill article, the 
transcription of a Salon Radio podcast, articles from i-Italy, and a New York Cool interview. 
However, the Petitioner has not established that the content of these publications demonstrates the 
required acclaim to the Beneficiary. Specifically, the majority of these publications mention her role 
in certain plays, but the Petitioner has not shown that this rises to the level of national or international 
acclaim. We note that the Salon Radio podcast does not contain a complete transcription or establish 
this radio program as having a national or international audience, and the Petitioner has not shown that 
the New York Cool interview has brought national or international acclaim to the Beneficiary. 
Overall, the publications in the record contain brief references to the Beneficiary, and those that 
discuss her work more extensively, such as Salon Radio and New York Cool, appear to constitute 
regional press coverage. 5 The Petitioner has not shown that the reputation, circulation, and overall 
reach of these publications establish her national or international acclaim. In addition, the Petitioner 
has not shown that this evidence demonstrates a level of success consistent with being among "that 
small percentage who [has] risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). 
Regarding the Beneficiary's contributions in the field, the Petitioner states that the evidence in the 
record establishes the Beneficiary's eligibility for her roles in distinguished theatrical performances as 
a producer, translator, and actor. Specifically, the Petitioner states that the Beneficiary has developed 
the content of productions for the she has translated at least 13 new plays "from 
Italy's most important contemporary and classical playwrights, many of which have never been 
produced in the United States previously," and has demonstrated that she is a "powerful, intelligent 
stage performer" who is "entirely fluent in English and Italian without a hint of accent in both 
languages." We note that the Beneficiary's role in developing content, translating plays, and 
performing in many of them for the represents important work for these productions, 
but the Petitioner has not shown how the Beneficiary has received acclaim for these activities. The 
publications that discuss the focus on the productions or the 
competition and only briefly mention the Beneficiary. While we acknowledge the Beneficiary's 
contributions to the Petitioner's the record does not establish that the Beneficiary 
has received national or international acclaim for this work. 
With respect to her contributions as an actor beyond her roles in the the majority 
of the publications in the record discuss her roles briefly and do not reflect national or international 
acclaim on account of her contributions as a performer. As stated above, the Petitioner has not shown 
how the Salon Radio podcast and the New York Cool article represent publications that are indicative 
of national or international acclaim. In his letter, states that the Beneficiary is "an actor of 
phenomenal creative strength and depth." He also discusses the roles she has performed in his plays, 
noting that she performed as part of the cast with three Broadway actors in , but 
the record does not contain evidence demonstrating that the Beneficiary received national or 
international acclaim from these performances. 
5 While we discuss a sampling of the publications in the record here, we have reviewed and considered all of them. 
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Matter of K-T- Inc. 
For example, the record does not contain evidence of publications showing the Beneficiary's acclaim 
from having performed with these Broadway actors, or evidence of similar recognition. 
also praises the Beneficiary's expertise as an actor, stating in his letter that he admires "[her] ability 
to shed new light on the complexity and contradictions that often underlie human interactions with 
each of her fully developed characters." He adds that whenever the 
has needed an actress to perform there, the Beneficiary has been his first choice. This evidence 
reflects that the Beneficiary's role as an actor has been noticed by those who are involved with Italian 
theater in but the Petitioner has not presented other evidence that establishes the 
Beneficiary's national or international acclaim as an actor. 
The Petitioner cites several letters in the record that summarize the Beneficiary's contributions. In a 
letter from the Petitioner's president and artistic director, she states that the 
Beneficiary "has made a substantial and valuable contribution to Italian theater in the United States 
by significantly expanding the number and quality of plays by leading contemporary Italian 
playwrights enjoyed by American audiences." 6 In addition, the record contains a letter from 
stating that he has known the Beneficiary for many years, having collaborated with her as an 
actor, producer, and translator. He states that the Beneficiary "has been singularly effective in bringing 
key contemporary Italian works to American audiences, as a translator, producer and actor," noting 
that her skillset in these areas is rare. Specifically, states that she is "an imaginative and 
skilled producer," a "sensitive and skilled translator," and "an actor of phenomenal creative strength 
and depth." 
Similarly, in a letter from award-winning Italian-American playwright he states that 
the Beneficiary "has, through her unique and important set of skills, talents, accomplishments and 
expertise, been responsible for significant headway in bringing new Italian theater to American 
audiences." He adds that she "has been a relentlessly energetic, creative producer of [the Petitioner's] 
shows and festivals, to expand their audiences beyond academic circles that would naturally follow 
classical and modern Italian theater in translation." This evidence in the record shows the recognition 
that the Beneficiary has received among those involved with Italian theater in ____ but this 
does not establish that she has national or international acclaim. 
In summary, the letters from and discuss the 
important role the Beneficiary has performed within the Petitioner's organization in helping to bring 
more Italian theatrical performances to audiences in the United States. The letters from and 
praise the Beneficiary's level of expertise as a performer, and in particular praises 
her skill set as a literary translator. Together, these letters, and the evidence in the record, demonstrate 
that the Beneficiary is a talented theater actor, producer, and literary translator and that she is well­
respected within the niche of Italian theater in The evidence in the record 
demonstrates that the Beneficiary ' s work involves both behind-the-scenes work in bringing more 
Italian works to American theaters in as well as her leading performances as an actor 
for the Petitioner in presenting many of these works. However, the Petitioner has not shown that her 
achievements at this point of her career are indicative of one who has risen to the very top of her field 
of endeavor with sustained national or international acclaim, as required. 8 C.F.R. § 204.5(h)(2)-(3). 
6 Although we discuss a sampling of letters in this decision, we have reviewed and considered each one. 
Matter of K-T- Inc. 
III. CONCLUSION 
For the foregoing reasons, the Petitioner has not shown that the Beneficiary qualifies for classification 
as an individual of extraordinary ability. The Beneficiary seeks a highly restrictive visa classification, 
intended for individuals already at the top of their respective fields, rather than for individuals 
progressing toward the top. USCIS has long held that even athletes performing at the major league 
level do not automatically meet the "extraordinary ability" standard. Matter of Price, 20 I&N Dec. 
953, 954 (Assoc. Comm'r. 1994). Here, the Petitioner has not shown that the significance of the 
Beneficiary's accomplishments is indicative of the required sustained national or international acclaim 
or that it is consistent with a "career of acclaimed work in the field" as contemplated by Congress. 
H.R. Rep. No. 101-723, 59 (Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. Moreover, the 
record does not otherwise demonstrate that the Beneficiary has garnered national or international 
acclaim and that she is one of the small percentage who has risen to the very top of the field of 
endeavor. See section 203(b)(l)(A) of the Act and 8 C.F.R. § 204.5(h)(2). 
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 of K-T-Inc., ID# 2383508 (AAO Mar. 26, 2019)