sustained EB-1A Case: Game Music Industry

identifying data deleted to 
prevent c !early unwarranted 
invasion of personal privacj 
U.S. Department of Homeland SecuriQ 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
=*@ 
Office: NEBRASKA SERVICE CENTER Date: MAR 2$O 
LIN 07 137 52310 
IN RE: 
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. 5 1 153(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 8 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed withn 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 4 103.5(a)(l)(i). 
u 
aohn F. Grissom, Acting Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center, and is now before the Administrative Appeals Ofice (AAO) on appeal. The appeal 
will be sustained and the petition will be approved. 
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 1153(b)(l)(A), as an alien 
of extraordinary ability in the sciences. The director determined the petitioner had not established the 
sustained national or international acclaim necessary to qualify for classification as an alien of 
extraordinary ability. 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
5 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(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 hs 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. 
U.S. Citizenship and Immigration Services (USCIS) and legacy Immigration and Naturalization 
Service (INS) have consistently recognized that Congress intended to set a very high standard for 
individuals seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 
60898-99 (Nov. 29, 1991). As used in this section, the term "extraordinary ability" means 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). The specific requirements for supporting 
documents to establish that an alien has sustained national or international acclaim and recognition 
in his or her field of expertise are set forth in the regulation at 8 C.F.R. 5 204.5(h)(3). The relevant 
criteria will be addressed below. It should be reiterated, however, that the petitioner must show that 
he has sustained national or international acclaim at the very top level. 
This petition, filed on April 10, 2007, seeks to classify the petitioner as an alien with extraordinary 
ability as a business operations specialist in the game music industry. A March 16, 2007 letter of 
Page 3 
support from 
 a two-time Grammy Award winner and the Chief Executive Officer of 
Sumthing Else Music Works & Sumthing Distribution, states: 
Video game music is now the fastest growing artistic platform for composers, musicians, and 
producers, due to the ground-breaking efforts of [the petitioner]. He has risen to the very top 
echelon of business operations specialists in this field and an [sic] instrumental leader in 
establishing game music as a legitimate music genre. With his unrivalled knowledge of the 
global game soundtrack marketplace he is the best in the business at cultivating and 
solidifying consumer demand for buying game soundtracks. 
The regulation at 8 C.F.R. 4 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally 
recognized award). Barring the alien's receipt of a major internationally recognized award, the 
regulation at 8 C.F.R. 5 204.5(h)(3) outlines ten criteria, at least three of which must be satisfied for 
an alien to establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. 
We find that the petitioner's evidence meets at least three of the regulatory criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor. 
The petitioner submitted evidence showing that he received the- 
(GANG) Recognition Award and the award for ' 
d 
at the Game Developers Conference 
ocumentation demonstrating the significance of the preceding awards. As such, the petitioner has 
established that he meets this criterion. 
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 classijkation is sought. 
Such evidence shall include the title, date, and author of the material, and any necessary 
translation. 
The petitioner submitted material about him and his work in major trade publications such as 
Develop, an "international monthly for games programmers, artists, musicians and producers," and 
MCV magazine. The petitioner also submitted articles in such publications as the Toronto Star, 
GameNews Weekly, the Hollywood Reporter, Chicago Tribune, Entertainment Today, Boston 
Herald, and Billboard that reflect interviews or quotes of the petitioner.' 
In light of the above, the petitioner has established that he meets this criterion. 
1 
 While not all of these articles are primarily about the petitioner, they demonstrate that the preceding media sources 
view him as an international expert in his field and therefore are they consistent with his having sustained international 
acclaim in the game music industry. 
Page 4 
Evidence of the alien's participation, either individually or on a panel, as a judge of the 
work of others in the same or an alliedjeld of specijkation for which classijkation is 
sought. 
The petitioner submitted evidence showing that he served on the Board of Advisers for the Annual 
GANG Audio Awards in 2007. The petitioner also submitted evidence showing that he served as a 
panelist for the 9th Annual Interactive Achievement Awards in 2006. Material from this event states 
that "[planelists determine the finalists for each award category from the total set of nominations 
though a process of game-play, review, debate and discussion." The petitioner's evidence also 
included documentation showing that the National Academy of Video Game Testers & Revikwers 
Corporation elected him as one of seven delegates charged with oversight of the - - 
In light of the above, the petitioner has established that he meets this criterion. 
In this case, the petitioner has satisfied three of the regulatory criteria required for classification as 
an alien of extraordinary ability. Pursuant to the statute and regulations, the petitioner qualifies for 
classification sought. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary 
ability. The petitioner has also established that he seeks to continue working in the same field in the 
United States and that his entry into the United States will substantially benefit prospectively the 
United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
established eligibility for immigrant classification under section 203(b)(l)(A) of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. $ 1361. The petitioner has sustained that burden. Accordingly, the decision of the 
director denying the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.