sustained EB-1A Case: Dance And Choreography

U.S. Citizenship 
and Immigration 
Services 
MATTER OF F-H-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 25.2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a dancer and choreographer, seeks classification 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. 
§ 1153(b )(I )(A). This tirst 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 I-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner did not satisfy, as required, at least three of the ten initial 
evidentiary criteria. 
On appeal, the Petitioner submits a brief: stating that he has received a major, internationally 
recognized award and meets four of the ten regulatory criteria. In addition. he maintains that he has 
established eligibility for the classification. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b )(I )(A) of the Act makes visas available to qualified foreign nationals 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 tield through 
extensive documentation. 
(ii) the alien seeks to enter the United States to continue work m 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 F-H-
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 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). If that petitioner does not submit this evidence, then he or she 
must provide documentation that meets at least three of the ten criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x) (including items such as awards, published material in ce1iain media, and 
scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material 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. USC IS, 596 F.3d 1115 (9th Cir. 20 I 0) (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.O. 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 (~l 
Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner is a dancer and a choreographer. On appeal, he states that his receipt of two 
Awards qualify as a one-time achievement that is a major, internationally recognized 
award. See 8 C.F.R. § 204.5(h)(3). The record is insufficient to support his statement. Specifically, 
while he has shown that the awards are recognized in Canada, he has not demonstrated that they are 
recognized internationally. See H.R. Rep. 101-723, 59 (Sept. 19, 1990), reprinted in 1990 
U.S.C.C.A.N. 6710, 1990 WL 200418 at *6739 (citing to the internationally recognized Nobel Prize 
as an example of a one-time achievement). 
Notwithstanding the above, however , the Petitioner has submitted evidence that satisfies at least 
three of the ten criteria listed under 8 C.F.R. § 204.5(h)(3)(i)-(x). In addition. he has demonstrated 
his sustained national or international acclaim and established that he is among the small percentage 
at the very top of the field of endeavor. See Kazarian, 596 F.3d at 1115. 
A. Evidentiary Criteria 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in thefield of endeavor. 8 C.F.R. § 204.5(h)(3)(i). 
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Matter of F-H-
The record confirms that the Petitioner has received Jesser nationally recognized awards for 
excellence in choreography. For his work on he received a 
Award for outstanding choreography in a play or musical in 2007. For his work on he 
received his second Award for outstanding original choreography in 2010. He 
offers materials explaining that the presents the 
Awards annually to recognize excellence in theatre , dance, and opera 
productions . The record, including copies of books and online materials , indicates that in the field of 
musical theater , the Awards are "Canadian equivalent of" or "Canada's version 
of' the American Broadway Antoinette Perry Awards, commonly known as the Tony Awards. 
Stephen Harper, Prime Minister of Canada from 2006 to 2015, calls the Awards 
"prestigious"; the 2012 states that the awards are "long-standing"; and 
the book notes that they are "major'' awards in Canada. In light of the above, the 
Petitioner has met this criterion. 
Evidence of the display (~f the alien's work in the field at artistic exhibitions or sho11·cases. 
8 C.F.R. § 204.5(h)(3)(vii). 
While the Director concluded otherwise, the record 
contains sufficient documents demonstrating that 
the Petitioner meets this criterion, which requires a showing that his work was artistic in nature and 
was on display at artistic exhibitions or showcases. The record, including theater reviews. confirms 
that the Petitioner has been a dancer and a choreographer for many years, and has displayed his work 
at artistic venues. He presents a printout from the U.S. Bureau of Labor Statistics explaining that 
"[d]ancers and choreographers use dance performances to express ideas and stories." According to 
Britannica.com, choreography is "the art of creating and arranging dances." 
The Petitioner was the choreographer and lead dancer for 
based on the lives of two famous concubines of 
an "action-musical" 
(618-907). A 
review explains that the production tells "extraordinary stories , conjuring 
imperial China with a thrilling combination of ballet , Chinese opera. martial arts, sumptuous sets, 
lavish costumes, and cirque-like diversions.'' 1 Another review details the Petitioner's choreography, 
stating that "[t]he noble characters dance[dJ in Western ballet mode, the female corps perform[ed] 
numerous folk- and ·inspired routines and 
the male corps execute[ d] martial arts 
demonstrations." 2 reports that the performance includes elements of "magic, martial 
arts, music , acrobatics and dance" and "goes to great heights of visual splendor through costumes. 
scenic design and amazing action.'' 3 These theater reviews confirm that the Petitioner's 
choreography and performances were artistic in nature. They further verify that his work was on 
accessed on October 17, 20 17, and incorporated into the record of proceedings. 
L 
~ccessed on October 17, 20 17, and incorporated into the record of proceedings. 
and incorporated into the record of proceedings. 
accessed on October I 7, 20 17, 
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Matter of F-H-
display at artistic venues , including the 
the 
the 
Similarly, the Petitioner's choreography in satisfies this criterion . 
and 
describes the production as "kungfu meets musical theater in [a] fast paced 'action musical. " '" A 
promotional material confirms that the "show's backbone of dance choreography was designed by 
[the Petitioner]." The record also verifies that was displayed at a number of artistic 
venues, including the and the In 
light of the above, the Petitioner has met this criterion. 
Evidence that the alien 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). 
The Petitioner satisfies this criterion based on the role he performed for a 
theatrical production company based in According to the president and 
director of the company , the Petitioner was the chief choreographer for "several full-scale dance 
musicals such as [and] ' which the company produced. 
letter and other documents in the record, including reference letters, illustrate that as the chief 
choreographer, the Petitioner performed a critical role for the company. In addition, he has 
presented evidence confirming that is an organization with a distingui shed 
reputation . Specifically , its and both of which the Petitioner had 
choreographed , won Awards in 2007 and 2010, respectively. As discussed. 
these awards are nationally recognized and are the "Canadian equivalent of' or "Canada ·s version 
of' the Tony Awards. As such, the Petitioner has met this criterion. 
B. Final Merits Determination 
The Petitioner has submitted the reqms1te initial evidence. Specifically, he has provided 
documentation that meets at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). As 
such, we will evaluate whether he has demonstrated , by a preponderance of the evidence, that he has 
sustained national or international acclaim and is one of the small percentage at the very top of the 
field of endeavor, and that his achievements have been recogni zed in the field through extensive 
documentation. In a tina) merits determination , we analyze the Petitioner's accomplishments and 
weigh the totality of the evidence to determine if his successes are sufficient to demonstrate that he 
has extraordinary ability in the tield of endeavor. See section 203(b)(1 )(A)(i) of the Act; 8 C.F.R. 
§ 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. Here, the Petitioner has shown his 
eligibility. 
accessed on October 17, 20 17, and incorporated into 
the record of proceedings . 
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Matter of F-H-
The record illustrates that the Petitioner has sustained acclaim as a dancer and choreographer in his 
native country of China, as well as in Canada. In China, he and his work have received significant 
media attention. For example, a major Chinese television network has broadcasted his dance 
choreography. According to a senior editor, has shown the Petitioner's 
and on its programs and 
"many times" and received "high ratings." has interviewed the Petitioner 
about his work on explains that 
presents "only China's top dance programs" and "only China's top dancers and choreographers.·· 
He further provides that is "the most important and authoritative window for . 
. 
. dance to be displayed on the TV screen" and "[ o ]nly [interviews] Chinese dance celebrities." 
Moreover, the record includes materials from the 
confirming that has "16 internationally broadcast channels and over 1.2 billion 
viewers" and "is a powerhouse in conveying Chinese news and entertainment.'' Similarly, a report 
from verifies that is China's "most important state broadcaster and news 
broadcasting company" and "remains the main news source for the Chinese people.'' 
Not only has the Petitioner received media attention in China, his work, both as a dancer and a 
choreographer, has also been displayed at artistic venues in China and North America, as well as at 
important international events. For example, his work was performed at the 
Moreover, according to 
was performed "during the 2008 
[at] the 
premiered at the 
and that in 2010 it was performed in 
and the 
a Chinses dance critic, the Petitioner's 
and "during the 201 0 
A promotional material for the production states that it 
that celebrated the 2008 
Canada, to celebrate the 
In addition, the Petitioner has worked for a prominent performing arts organization in China. He 
served as the chief dancer and a choreographer for the Documents 
in the record state that the "is the largest and the art 
theater in China'' and "its classical stage works, superb performance art and first-class talent earned 
very high evaluation and reputation from audience all over China and abroad." an 
accomplished Chinese dancer and actor, provides that the entity is "China's most stringent 
performing [arts] organization." also confirms that the organization is "where the highest 
artistic standard in China is held.,. 
Furthermore, the Petitioner has received nationally recognized awards in China, including a silver 
medal "in ., Materials in the record explain 
that the "is a national dancing award approved by 
and aiming at rewarding national level of dancing 
professionals, extraordinary choreography, and outstanding performers and dance creators." The 
Petitioner has also been recognized by receiving its ''best director 
award in the excellence repertoire" in 2015, "outstanding performance award in performances of 
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Matter of F-H-
competitions in the of ' in 1999, and "third prize in Chinese 
classical dance youth category " in 1997. Inf01mation from the Chinese embassy in 
that "[t]he highest cultural administrative organ in China is the 
charge of cultural and artistic undet1akings throughout the country." 
notes 
which is . . . in 
Finally, the Petitioner's acclaim reaches outside of China. As discussed, he won a 
Award for outstanding choreography in a play or musical in 2007, which according to a 
number of references was the first time a Chinese artist had won this accolade in Canada . He won a 
second Award in 2010 for outstanding original choreography. Canada ' s former 
calls these awards "prestigious " and indicates that they celebrate excellence in 
theatre , dance, and opera . Canada ' s former similarly says the 
awards are "prestigious, " noting , " [b]eing nominated for an award of this caliber is a tremendous 
honor and [he] commend[s] each and every nominee and award winner on their achievements ." The 
record includes evidence showing that major Canadian news outlets, such as the have 
reported on the Awards and award recipients , including the Petitioner. 
In light of the record, including documents verifying the Petitioner's accomplishments in China and 
Canada , he has demonstrated his extraordinary ability in the arts. Specifically, he has established , by 
a preponderance of the evidence , that he has sustained national or international acclaim and is one of 
the small percentage at the very top of the field, and that his achievements have been recogni zed in 
the field through extensive documentation. 
III. CONCLUSION 
The Petitioner has submitted the required initial evidence, and demonstrated in the tina! merits 
determination that he is a dancer and a choreographer of extraordinary ability. He has also shown 
that he will continue work in his area of extraordinary ability 5 and that his entry will substantially 
benefit prospectively the United States . 
ORDER: The appeal is sustained. 
Cite as Matter of F-H-, 10# 607053 (AAO Jan . 25, 20 18) 
5 The Petitioner ' s emplo yment contract indicate s that he will work for 
choreo graph new production s for the compan y. 
6 
and