dismissed EB-1A Case: Theatre

U.S. Citizenship 
and Immigration 
Services 
In Re: 5377325 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 21, 2019 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner 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 that the Petitioner had satisfied at least three of ten initial evidentiary criteria, as required. 
The Director also found that the Petitioner did not establish how she will continue to work in the area 
of claimed extraordinary ability, or that her entry will substantially benefit prospectively the United 
States. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(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 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
requirements. A petitioner can either demonstrate a one-time achievement (that is, a major, 
internationally recognized award), or provide 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 qualifying awards, published 
material in certain media, and scholarly articles). 
Where a petitioner 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). 
II. ANALYSIS 
The Petitioner described herself as "a stage play performer" who "also work[ s] as a stage director and 
producer." The Petitioner stated: "[W]hen I obtain permanent residency ... I will spend 90% of my time 
on performing, and 10% of my time on directing and producing." I [ a Chinese-language television 
network based in California, stated its intention to hire the Petitioner. 1 
A. Initial Evidence 
Because the Petitioner has not indicated or established that she has received a major, internationally 
recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). The Director found that the Petitioner only fulfilled one of the initial evidentiary 
criteria, relating to receipt of lesser nationally or internationally recognized prizes or awards, under 
8 C.F.R. § 204.5(h)(3)(i). We agree with the Director's finding regarding prizes or awards; the record 
establishes that the Petitioner won al I Award in 1999, for her performance in the play 
I I 
On appeal, the Petitioner maintains that she meets two additional criteria, discussed below. We have 
reviewed all of the evidence in the record, and conclude that it does not show that the Petitioner 
satisfies the requirements of at least three criteria. 
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. 8 C.F.R. § 204.5(h)(3)(ii) 
The Petitioner claimed membership in the China Theatre Association (CTA) and the I.__ ____ ____. 
Drama Society (CCDS). A partial translation of CTA's articles indicate that a "theatrical professional" 
could join the Association with members' recommendations and "substantial achievements in the field of 
drama art." A partial translation of CCDS' s articles states that applicants "shall have made substantial 
1 The Petitioner does not claim any employment in the United States since her arrival in September 2018 as a B-2 
nonimmigrant visitor for pleasure. 
2 
contribution to the development of children's drama, or have made substantial achievements in the field 
of children's drama." 
In the denial notice, the Director acknowledged the Petitioner's memberships, but found that the Petitioner 
had not shown that the associations require outstanding achievements of their members, as judged by 
recognized national or international experts in their disciplines or fields. The Director noted that CTA 
collects dues, and CCDS collects membership fees. 
We agree with the Director that field of employment, length of experience, and payment of dues do not 
constitute outstanding achievements. Nevertheless, the presence of those requirements does not 
intrinsically invalidate a given membership; a qualifying association might require outstanding 
achievements and, in addition, employment in a particular field, experience, and payment of dues. 
Of greater concern is the ambiguity in the record regarding the membership requirements of CTA and 
CCDS. The Petitioner acknowledges that the word "outstanding" does not appear in CCDS's 
membership requirements, but the Petitioner maintains that the requirements relating to "substantial 
contribution" and "substantial achievements" "should be considered as equivalent to the outstanding 
criterion." 
Substantial is not synonymous with outstanding, 2 and the submitted materials do not show that 
recognized national or international experts judge the contributions of prospective members of either 
association. The submitted information does not say who judges applications for CTA membership. 
CCDS membership applications are "[ d]iscussed and approved by the Council or the Standing Council," 
but the record provides little other information about that Council. (On appeal, the Petitioner submits a 
certificate from 2019, stating that the Petitioner "is [a] former council member in our Association" but 
does not say when or for how long she served in that previously unmentioned capacity.) 
The Petitioner quotes a newly submitted excerpt from the CTA's Standard Rules for Development of 
Membership, referring to "senior professional titles, or individual winners of national theatre awards, and 
individual first prize winners of provincial ( district, municipal) level awards." This passage does appear 
in the submitted rules, but the Petitioner offers a very selective reading of the document. The section 
headed "Qualifications for Membership" requires a prospective member to "meet one of the following 
qualifications." The quoted passage is part of the first qualification on a list that includes several other 
qualifications that a prospective member can meet in lieu of the prize requirement. Examples include: 
• Those who often engage in the translation of foreign screenplays, with ... more than 
three translations performed in influential college groups .... 
• Those who hold teaching duties in theatre academies and have the title of associate 
professor or above. 
• Editors who are engaged in theatrical publications with a professional college degree 
or above and have the title of assistant editor or examiner. 
2 Substantial means "considerable in quantity" or "significantly great." Outstanding means "standing out from a group" 
or "marked by eminence and distinction." Definitions from https://www.merriam-webster.com/dictionary/ (last visited 
Nov. 6, 2019). 
3 
Thus, prizes are only one of several different avenues to eligibility for CTA membership. 
The Petitioner submits a translated certificate from CTA, which reads, in part: "In view of her outstanding 
achievements on the stage of theatrical performance, our Association absorbs [ the Petitioner] as a member 
of the China Theatre Association in 2015." Despite the present-tense wording, the certificate is dated 
March 1, 2019, five weeks after the Director denied the petition. This timing suggests that the certificate 
was printed to aid with the appeal rather than as a standard instrument of membership. 
The Petitioner also holds a "Certificate of First-Class Performer," issued after the Petitioner was "assessed 
by thel I Municipal Board of Qualifications for Senior Professional/Technical Positions in Art 
Categories." The record does not show that the performers who hold those certificates collectively 
constitute an "association." Furthermore, the record does not show that the members of thel I 
Municipal Board of Qualifications are recognized national or international experts in their disciplines or 
fields. 
The Petitioner has not established membership in associations in her field which require outstanding 
achievements of their members, as judged by recognized national or international experts in their 
disciplines or fields. 
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 class[fication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessmy translation. 8 C.F.R. 
§ 204.5(h)(3)(iii) 
In general, in order for published material to meet this criterion, it must be about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. 
To qualify as major media, the publication should have significant national or international 
distribution. 
The Petitioner initially submitted a translation from her entry in the Baidu Encyclopedia. The entry does 
not name the author or show the publication date. The omissions are particularly significant because, 
according to materials submitted by the Petitioner, Baidu is a user-edited online encyclopedia, similar to 
Wikipedia. As there are no assurances about their reliability, the content from open, user-edited Internet 
sites will be accorded no evidentiary weight. See Badasa v. Mukasey, 540 F.3d 909, 910-11 (8th Cir. 
2008). The lack of a named author is also of significant concern because the Baidu article included many 
personal details about the Petitioner's background but cited no primary sources for that information. 3 
The Petitioner also submitted letters from three figures in the Chinese theater community. These letters 
are not published materials and therefore they cannot satisfy the criterion under which the Petitioner 
submitted them. 
3 The only identified references consisted of background information about a theater award; background information about 
a theater where the Petitioner worked; and reviews of plays performed in 2008 and 2012. All four references were added 
to the article on the same date, November 6, 2017, suggesting that the entry was created on that date. 
4 
The Petitioner subsequently submitted translated copies of ten newspaper articles. With one exception, 
all the submitted articles were published in 1999.4 The exception appeared in the Xinmin Evening News 
inl 12018. The publication date was after the petition's filing date (October 4, 2018) and after 
the Director requested further evidence ( on October 16, 2018). Therefore, it did not exist to establish 
eligibility at the time of filing as required by 8 C.F.R. § 103.2(b)(l). 
Two of the 1999 articles only listed the 23 winners of that year's I IA wards, including the 
Petitioner. Three other articles were reviews or previews of plays in which the Petitioner performed. The 
Petitioner played main characters in the shows, but the reviews were primarily about the productions 
themselves, with only brief mention of the Petitioner and other participants. A sixth article profiled the 
China Welfare Association Children's Art Theatre, discussing recent successes and mentioning three 
winners of thel I Award, one of whom was the Petitioner. While all of these materials 
include a mention of the Petitioner or a listing of his name, articles that are not about the petitioner do 
not meet this regulatory criterion. See, e.g., Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *l, *7 (D. 
Nev. Sept. 8, 2008) (upholding a finding that articles about a show are not about the actor). 
Three of the remaining submitted articles from 1999 were about the Petitioner. Two focused on her 
performance in and a third provided a broader overview of her career in the context of 
her then-recent receipt of the.__ ____ _.Award. 
The articles about the Petitioner appeared in the Xinmin Evening News and China Actors News. To 
establish that the Xinmin Evening News is one of "the three major mainstream newspapers iq I' 
the Petitioner submitted a translated excerpt from a Chinese-language article about the paper from 
Wikipedia. As we have already discussed above, there are no assurances about the reliability of content 
from user-edited websites such as Wikipedia. 
A 1995 article inRenmin Rimbao referred to China Actors News as a "four-page, weekly newspaper [that] 
focuses on reporting performing skills and stories of artists." The information provided is not sufficient 
to show that China Actors News is a major trade publication. 
The Director found the submitted materials to be deficient for various reasons, such as a lack of 
independent evidence to show that the articles appeared in major media, and most of the articles were not 
about the Petitioner. 
On appeal, the Petitioner submits two more articles and information about the ~jjcations A 19] 9 article 
from Jiefang Daily focused on the Petitioner, in the context of her role inl ~ _ _. A two-
paragraph 2008 article from Wenhui Daily previewed a then-upcoming production o~ I 
The short piece included three sentences about the Petitioner, naming her as a cast member and providing 
some biographical details. The article did not name the author as the regulations require. 
The Chinese government namedJi~fimg Daily, Wenhui Daily, andXinmin Evening News among the "Top 
100 Newspapers and Periodicals of 2017." The accompanying press release indicates that the 
publications were chosen not on the basis of circulation or prominence, but rather for their conformity 
4 Had the case proceeded to a final merits determination, the lack of published material after 1999 would have argued 
against a finding of sustained acclaim. 
5 
with government goals. Furthermore, an annual list compiled in early 2018 does not necessarily reflect 
on the standing of the publications years or decades earlier, when they published the submitted articles. 
Evidence submitted on appeal indicates thatXinmin Evening News has a large readership in the I........,..._-,--~ 
area, but the Petitioner has not established that the articles about her have seen significant national or 
international distribution, and were not restricted to locally-circulated editions. 
In light of the above, it is significant that the submitted articles indicate local coverage for readers in the 
vicinity of theaters where the Petitioner was performing at the time (primarily in I I. 
Given the deficiencies identified above, the Petitioner has not shown that she has been the subject of 
published material in major trade publications or other major media. 
B. Continued Work/Prospective Benefit 
The Director made additional findings regarding the Petitioner's continued work in the field and the 
prospective national benefit that would result from her entry. Because the above findings are 
dispositive, we need not address these additional issues and therefore reserve them. 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
documents that meet at least three of the ten criteria. As a result, we need not provide the type of final 
merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise that we 
have reviewed the record in the aggregate, concluding that it does not support a finding that the 
Petitioner has established the acclaim and recognition required for the classification sought. 
The Petitioner 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 her work 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 Petitioner has garnered 
national or international acclaim in the field, and she is one of the small percentage who has risen to 
the very top of the field of endeavor. See section 203(b )(1 )(A) of the Act and 8 C.F .R. § 204.5(h)(2). 
For the reasons discussed above, the Petitioner has not demonstrated her eligibility as an individual of 
extraordinary ability. Therefore, the appeal will be dismissed. 
ORDER: The appeal is dismissed. 
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