dismissed EB-1A Case: Ukrainian Folk Music

US. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: Office: TEXAS SERVICE CENTER Date: NqY 2 8 2W5 
SRC 04 055 52 173 
IN RE: Petitioner: 
Beneficiary: 
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. 9 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
&Robert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Cente;r, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A), as an alien of extraordinary ability in the 
arts. The director determined that the petitioner had not established the sustained national or international 
acclaim requisite to classification as an alien of extraordinary ability. On appeal, counsel submits a brief and 
one additional supporting document. We uphold the director's decision for the reasons discussed below. 
Section 203(b) of the Act states, in pertinent part: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, 'and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
Specific supporting evidence must accompany the petition to document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. 3 204.5(h)(3). An alien can establish sustained national or 
international acclaim through evidence of a "one-time achievement (that is, a major, international recognized 
award)." Id. Absent such an award, an alien can establish the necessary sustained acclaim by meeting at least 
three of ten other regulatory criteria. Id. However, the weight given to evidence submitted to fulfill the criteria 
at 8 C.F.R. 5 204.5(h)(3), or under 8 C.F.R. 5 204.5(h)(4), must depend on the extent to which such evidence 
demonstrates, reflects, or is consistent with sustained national or international acclaim at the very top of the 
alien's field of endeavor. A lower evidentiary standard would not be consistent with the regulatory definition 
of "extraordinary ability" as "a level of expertise indicating that the individual is one of that small percentage 
who have risen to the very top of the field of endeavor." 8 C.F.R. 5 204.5(h)(2). 
In this case, the petitioner seeks classification as an alien with extraordinary ability in the arts as a Ukrainian 
Folk musician. The petitioner initially submitted supporting documentation including evid 
one recording in the Ukraine, photographs of his performances, his employment at the 
Florida, and six letters of recommendation. In response to the director's Request for 
petitioner submitted additional support letters, copies of certificates and diplomas presented to the petitioner 
abroad, and an excerpt from an article which mentions the petitioner. On appeal, counsel submits a brief and 
one additional recommendation letter. Counsel's contentions and the evidence submitted on appeal do not 
overcome the deficiencies of the petition and the appeal will be dismissed. We address the evidence submitted 
and counsel's claims in the following discussion of the regulatory criteria relevant to the petitioner's case. The 
petitioner does not claim eligibility under any criteria not 1isted.below. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or awards 
for excellence in thejeld of endeavor. 
The petitioner claims to meet this criterion by virtue of winning the Fourth ~ll-~uksian Competition of Young 
Jazz Musicians. The record contains a "Diploma of the Third Degree" presented to the petitioner as the winner 
of this competition by the Ministry of Culture of the Russian Federation, the All-Russia Musical Society, and 
the Administration of Rostov-Na-Donu City. The document is dated May 4 - 7, 1991. The record contains no 
evidence of the significance of this achievement or ,documentation that it is a nationally or internationally 
recognized prize or award granted to musicians at the top of their field, rath<d than limited only to young 
musicians. In addition, this certificate was presented to the petitioner in 1991, over 12 years before this petition 
was filed, and does not demonstrate sustained acclaim. Accordingly, the petitioner does not meet this criterion. 
(iii) Published material about the alien in professional or major trade publications or other major media, 
relating to the alien's work in theJield for which class$catj6n is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
As evidence of his eligibility under this criterion, 'fthe petitioner submitted a two-sentence excerpt from an 
undated article by an unidentified author from an unidentified source that mentions the petitioner in a list with 
seven other musicians. The submitted excerpt does not c~mply with ~the're~ulation, which clearly states that 
evidence submitted under this category must include the title, date,-and author of the material. In addition, the 
article merely mentions the petitioner's name without substantively discussing his work or career and is not 
about the petitioner as required by this regulatory criterfon. Finally, the record does not identify the source of 
this article or establish that the source is a professional, major trade publication or another form of major media. 
1' 
a singer who works with the petitioner, states that "[tlhere have been many articles in 
confirm that Anatoliy is recognized as outstanding in the field of Ukrainian folklore - 
music, and is one of a very small percentage who have risen to the top of his field." Yet the record contains no 
evidence of any newspaper articles concerning 'the petitioner and his work apart from the aforementioned 
excerpt. Accordingly, the petitioner does not meet this criterion. 
(v) Evidence of the alien 's original scientiJic, scholarly, artistic, athletic, or business-related contributions of 
major signijicance in the$eld. 
As evidence of the petitioner's eligibility under this criterion, counsel cites the petitioner's compact disc 
recording and recommendation letters.   he record contains copies of the petitioner's recording as a member of 
a musical group, but the petitioner submitted no evidence that this recording was widely distributed and played 
on radio stations, was critically acclaimed, significantly influenced other Ukrainian musicians, or otherwise 
made an original artistic contribution of major significance to his field. 
The record contains 14 recommendation letters from friends and colleagues of the petitioner and other 
individuals who have worked with him or are familiar with his achievements.. While such letters provide 
relevant information about an alien's experience and accomplishments, they capnot by themselves establish the 
alien's eligibility under this criterion because they do not demonstrate that the alien's work is of major 
significance in his field beyond the limited number of individuals with whom he has worked directly. Even 
when written by independent experts, letters solicited by an alien in support of an immigration petition carry less 
weight than preexisting, independent evidence of major contributions that one would expect of an alien who has 
sustained national or international acclaim. Accordingly, we review the letters as they relate to other evidence 
of the petitioner's contributions. 
pianist and faculty member of the Royal Conservatory of Music in Toronto, states that he 
has seen the petitioner perform at the Sugar Rush Caf6 and that the e 'tione 's "expertise in Ukrainian folk 
music is an artistic contribution of major significance in the field." Il!bbd= explains that the petitioner 
"has made a major impact by incorporating the traditional Ukrainian folk music with contemporary musical 
instruments and styles. Thus, there is a wider following for Ukrainian music and a greater appreciation for 
Ukrainian folk music." Yet Mr. Serebryany does not specify how the petitioner has made an impact with his . . 
music other than stating that the petitioner's performanEes "iducat[e] the cultu ommunity and 
enhanc[e] the audiences' appreciation for Russian and Ukrainian folk music." does not state, 
and the record does not document, that the petitioner is the only or a leading Ukrainian musician who - 
incorporates traditional music into contemporary instruments and styles. The record also does not corroborate 
Mr. Serebryany's assertion that the petitioner is responsible for a wider following and greater appreciation for 
Ukrainian music. Andrey Bahmat, a professional Russian musician who has watched the petitioner perform, 
repeats verbatim Mr. Serebryany's comments regarding the petitioner's contribution to his field. This repetition 
indicates that the language is not the authors' own and limits the probative value of their letters. 
Irina Fredericks, the petitioner's friend and colleague, affirms that the petitioner is "an extremely talented 
musician." Ms. Fredericks states that "[hlis ability to express the true emotion of the songs he performs is 
amazing. In addition to it, [he] is able to sing songs in different languages, such as Russian, Ukranian, English, 
Spanish, and Italian. This allows him to reach out for [sic] people across various cultural backgrounds and 
satisfy any music preferences." Ms. Fredericks' letter attests to the petitioner's talent and versatility, but does 
not show that he has made original, major contributions to his field. 
Larisa Birman, a professional musician; Michael Rozenshteyn, Serguei Kouvchinnikov and Elena Sosnovskaya, 
friends of the petitioner, also praise the petitioner's talents and describe him as one of the best musicians in 
Florida and one of the most popular musicians in Miami. Ms. Postemksa, who sings with the petitioner at the 
Sugar Rush Cafk, further explains that the petitioner "plays and sings Russian, and Ukrainian songs, both 
contemporary, and historical folk. [His] talents allow him to uniquely serve the cultural needs of the 
community." Other letters similarly praise the petitioner's musical skills and performances at the Sugar Rush 
Caf6. 
On appeal, the petitioner submits a letter from V. Krot, Deputy Chief of the Administration of Joint Domestic 
Property of Territorial Associations of the Vinnitsa Regional Council in the Ukraine. Deputy Chief Krot does 
not explain how he is familiar with the petitioner's achievements; state that his official position is in any way 
related to Ukrainian music, arts or culture; or otherwise explain his qualifications to assess the petitioner's work. 
Deputy Chief Krot's description of the petitioner's "artistic contribution of major significance in the field" also 
repeats nearly verbatim the description found in the letters of Vadim Serebryany and Andrey Bahmat, further 
detracting from this letter's probative value. 
While the recommendation letters indicate that the petitionq is a talented musician, they do not demonstrate that 
he has made original, major contributions to his field. The record is also devoid of any evidence that the 
petitioner's accomplishments have had a significant impact in his field. The petitioner submitted no evidence, 
for example, that his recording and performances were critically acclaimed, that other musicians have been 
especially influenced by his work or other documentation that he has had a substantial impact in his field. The 
record contains a diploma granted to the petitioner for his composition "Fireworks" at "the third international 
jazz review-concert of the students of musical schools and lycee." A second certificate states that the petitioner 
"is being rewarded" for his direction of a folklore ensemble at the Second International Children's Competition- 
Festival of Jazz Parnas. Although these two documents are undated and do not identie the location of the 
concert and festival, they were clearly issued at student and youth musical events. As discussed under the first 
criterion, the record also documents the petitioner's award at the Fourth All-Russia Competition of Young Jazz 
Musicians in 1991, over 12 years before this petition was filed. The record contains no evidence substantively 
corroborating the significance of these accomplishments and documenting how they constitute major 
contributions to the petitioner's field. Moreover, the certificates were all presented to the petitioner at student or 
youth musical events and do not demonstrate the requisite sustained acclaim. The relevant recommendation 
letters further indicate that the petitioner has gained only limited recognition for his work within the Eastern 
European community in the region of Southern Florida and has not achieved national acclaim for his work in the 
United States. 
The evidence submitted does not show that the petitioner has made original contributions of major significance 
to his field in a manner consistent with sustained natiinal acclaim in the Ukraine or the United States or 
sustained international acclaim. Accordingly, the petitioner does not meet this criterion. 
(vii) Evidence of the display of the alien's work in theJield at artistic exhibitions or showcases. 
Counsel claims that the petitioner meets this criterion because he submitted evidence that he "performed his 
artistic talents [sic] as a Ukrainian Folk GuitaristJSinger at concerts and clubs showcasing other musical 
performers." Counsel conflates the submission of evidence relevant to this category with the actual satisfaction 
of this criterion. While the record documents some of the petitioner's performances, frequent performances are 
intrinsic to a musician's occupation and duties or activities which nominally fall under a given regulatory 
criterion at 8 C.F.R. 3 204.5(h)(3) do not demonstrate national or international acclaim if they are inherent or 
routine in the occupation itself. 
As evidence of the petitioner's eligibility under this category, counsel cites the three certificates presented to the 
petitioner at the Third International Jazz Review-Concert of the Students of Musical Schools and Lycee, the 
Second International Children's Competition-Festival of Jizz Parnas, and the Fourth All-Russia Competition of 
Young Jazz Musicians in 1991. As discussed above under this fifth criterion, the record contains no 
corroborative evidence of the significance of these events or the petitioner's performances. Some of the 
recommendation letters mention the petitioner's receipt of these certificates, but do not substantively discuss 
their significance. 
Counsel also references two newspaper advertisements for the Sugar Rush Caf6 that include photographs of the 
petitioner and other performers. The record shows that the Sugar Rush Caf6 is a Russian restaurant in Sunny 
Isles Beach, Florida that caters to an Eastern European clientele and features musical performances. Although 
the petitioner submitted letters from two individuals attesting to the "distinguished reputation" of the Sugar 
Rush Caf6, neither of these individuals is a musician or is involved with the music industry. The record contains 
no evidence that the s widely recognized as a prestigious musical venue, performance at 
which would reflect national acclaim. 
Finally, Deputy Chief Krot and both state that, as a member of the group the 
petitioner "performed over 20 concerts in Ukraine, which were organized by the Ministry o u ture," but the 
petitioner submitted no corroborative documentation of these concerts. The record contains no evidence that the 
petitioner has performed at major national or international musical festivals or concerts in a manner consistent 
with the requisite sustained acclaim. Accordingly, the petitioner does not meet this criterion. 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments 
that have a distinguished reputation. 
On appeal, counsel states, "The beneficiary has performed in a leading or critical role for organizations of 
distinguished [sic]. He has performed in a leading role for Sugar Rush, Barhatniv Sezon, and the Ministry of 
Culture, which are organizations or establishments with distinguished reputations." The record does not support 
this claim. 
The relevant evidence shows that, at the time of filing, the petitioner was employed by the -n a 
one-year contract to perform six times a week at the restaurant. Several of the recommendation letters affirm the 
petitioner's successful performances at this restaurant, but do not establish that he plays a leading or critical role 
for the restaurant as a whole. The unsigned letter from the petitioner's employer regarding 
status also does not state that the petitioner will perform a leading or critical role for the 
familiar with t 
P 
Letters from a former olice officer and the president of a real estate company state that 
and nightclub. It is an organization with a distinguished reputation. . . . It is, 
by far, the best ni tc u specializing in Russian and Ukrainian music in the southern United States." The 
authors of these letters do not state their qualifications for assessing the reputation of the 
the record contains no independent evidence to corroborate the alleged reputation of this 
The record documents the petitioner's former membership in the musical group in the 
one compact disc recorded by this group, but 
evidence that " was critically acclaimed or otherwise achieved a distinguished reputation in the 
only reference to the time of the petitioner's work with this group is the date -. 
of the compact disc recording in 1997, six years before this peti;ion was filed. Hence, even if "Barhatniy 
Sezon" had a distinguished reputation, the petitioner's role does not reflect sustained acclaim. 
Although Deputy Chief Krot ssert that the Ukrainian Ministry of Culture organized the 
petitioner's performances with the record does not document these performances or the 
petitioner's role, if any, with the Ukrainian Ministry of Culture as a whole. Finally, an undated document from 
the Vinnitsa Region State Administration of the Management of Culture certifies that the petitioner was "an 
artistic administrator at the Vinnitsa Philarhmonic [sic] Society" and "the administrator of two music bands." 
Counsel claims this document evidences the petitioner's leading role with the Vinnista Region State 
Administration of the Management of Culture, but the document is undated and uncorroborated by any evidence 
of its significance. Moreover, even if the petitioner had a leading or critical role, it was for a regional 
administration and does not demonstrate national acclaim. 
While the record verifies his work as a musician for various entities, the evidence submitted does not show that 
the petitioner performed a leading or critical role for distinguished organizations or establishments in a manner 
consistent with sustained national or international acclaim. Accordingly, he does not meet this criterion. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act, 8 U.S.C. 8 1153(b)(l)(A), 
only if the alien can establish extraordinary ability through extensive documentation of sustained national or 
international acclaim demonstrating that the alien has risen to the very top of his or her field. The evidence in 
this case indicates that the petitioner is a talented Ukrainian musician. However, the record does not establish 
that the petitioner has achieved sustained national or international acclaim placing him at the very top of his 
field. He is thus ineligible for classification as an alien with extraordinary ability pursuant to section 
203(b)(l)(A) of the Act, 8 U.S.C. 5 1153(b)(l)(A), and his petition may not be approved. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 29 1 of the Act, 
8 U.S.C. 8 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.