sustained EB-1A Case: Music

U.S. Department of Homeland Security 
20 Mass. Ave., N. W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
PUBLlC COPY 
FILE: - Office: NEBRASKA SERVICE CENTER Date: AUG 2 9 2007 
LIN 05 272 54286 
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 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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, Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Adrmnistrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petiti.oner seeks to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. tj 1153(b)(l)(A), as an alien of 
extraordinary ability in the arts. The director determined the petitioner had not established that the 
beneficiary has earned the sustained national or international acclaim necessary to qualify for classification as 
an alien of extraordinary ability. 
On appeal, counsel argues that the beneficiary has satisfied at least three of the regulatory criteria at 8 C.F.R. 
9 204.5(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 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. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seelung immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (November 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. 8 204.5(h)(2). The 
specific requirements for supporting documents to establish that an alien has sustained national or 
intemational acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. 
§ 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the 
petitioner must show that the beneficiary has sustained national or international acclaim at the very top level. 
This petition, filed on October 17, 2005, seeks to classify the beneficiary as an alien with extraordinary ability 
as a musician. Specifically, the beneficiary is a composer and performer of blues and soul music. The 
regulation at 8 C.F.R. €j 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, international recognized award). 
Barring the alien's receipt of a major internationally recognized award, the regulation at 8 C.F.R. 
fj 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 initially submitted photographs showing that, inter alia, the beneficiary was awarded "Male 
Vocalist of the Year" and "Song of the Year" at the 2004 Australian Blues Awards. The director's decision 
noted that the photographs of the beneficiary's Australian Blues Awards did "not show the beneficiary's 
name or otherwise demonstrate that he was a recipient of the awards." On appeal, the petitioner submits 
information printed from the Australian Blues Music Festival's official internet website identifying the 
beneficiary as the recipient of the preceding awards.' Further information submitted by the petitioner from 
this website states: 
Australian Blues Music Awards (originally known as the Goulburn Blues Music Awards) are 
presented each year to recognise excellence in Blues Music in Australia. 
Judging is done by a panel of judges representing the various states and territories. 
The Australian Blues Music Awards are now recognised as the industry's most prestigious honour . . . . 
Published media reports submitted on appeal confirm the national significance of the Australian Blues 
Awards. 
The petitioner's appellate submission also includes evidence showing that US Magazine's "Guide to the Best 
of the Blues Harmonicas & Beyond" voted the beneficiary's Way Down Deep Inside compact disc its 2004 
"Album of the Year" and voted 2um the "Sweet Harmonica Award" and the "Nasty Harmonica Award." 
In light of the evidence submitted on appeal, we find that the beneficiary meets thls 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 class$cation is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
I 
 The record also includes published materials stating that the beneficiary received the two Australian Blues 
Awards. 
The petitioner submitted numerous articles about the beneficiary appearing in professional, major trade 
publications or other major media such as Australian Musician, Down Beat, King Biscuit Time, Big City 
Blues, The Canberra Times, The Blues Times, Rhythms Magazine, and Mixdown Magazine. As such, we find 
that the beneficiary meets this criterion. 
Evidence of the display of the alien's work in theJield at artistic exhibitions or showcases. 
The petitioner submitted evidence indicating that the beneficiary has performed at major music festivals 
including the Australian Blues Music Festival, the Milwaukee Summerfest, the Riverbend Festival, the 
Chicago Blues Festival, and the East Coast Blues & Roots Festival. The petitioner also submitted 
documentation showing the significance of these festivals and that the beneficiary's performances were 
consistent with sustained national acclaim as a blues musician. Thus, we find that the beneficiary meets this 
criterion. 
Evidence of commercial successes in the performing arts, as shown by box @ce receipts or 
record, cassette, compact disk, or video sales. 
The petitioner submitted evidence showing that the beneficiary's musical recording "Sailing Australia" (The 
America's Cup Theme) was a number one single in Australia in 1987 and achieved "Gold record status. 
The director's decision stated that "this establishes a level commercial success in the performing arts," but 
concluded that a "single gold record from nearly two decades ago does not demonstrate sustained national or 
international acclaim." 
We concur with the director's finding that a single gold record does not satisfy the plain language of the 
regulatory criterion's call for "commercial successes," but find that more recent documentation of the 
beneficiary's achievements shows that his national acclaim has indeed been sustained. For example, the 
record includes evidence that the beneficiary was featured on a national broadcast of the Australian 
Broadcasting Corporation's television program Live at the Basement in July 2004, that he received nationally 
recognized awards in 2004, that he has recently performed at major music festivals here in the United States 
(such as the Milwaukee Summerfest), and that he has frequently been the subject of media coverage in recent 
years. 
In conclusion, the beneficiary has satisfied three of the regulatory criteria required for classification as an 
alien of extraordinary ability. Moreover, the evidence, considered in the aggregate, contains extensive 
documentation of the beneficiary's sustained national acclaim. Pursuant to the statute and regulations as they 
are currently constituted, the beneficiary qualifies for the classification sought. 
In this case, the totality of the evidence establishes an overall pattern of sustained national acclaim and 
extraordinary ability. The petitioner has also established that the beneficiary 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 the beneficiary's eligibility for the benefits sought under section 203 of the Act. 
Page 5 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 9 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.