sustained EB-1A Case: Music

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-0-B-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 31, 2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALlEN WORKER 
The Petitioner, a singer, songwriter, and music producer, 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)(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 Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied only two of the initial evidentiary criteria, of 
which she must meet at least three. 
On appeal, the Petitioner submits documentation and a brief stating that she meets at least three 
criteria. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
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, 
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Matter of B-G-B-
(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 a multi-part analysis. First, a petitioner can demonstrate 
sustained acclaim and the recognition of his or her achievements in the field through 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 
categories listed at 8 C.F.R. § 204.5(h)(3)(i)- (x) (including items such as awards, published 
material in certain media, and scholarly articles). 
Satisfaction of at least three criteria, however, does not, in and of itself~ establish eligibility tor this 
classification. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) (discussing a two-part review 
where the documentation is first counted and then, if it fulfills the required number of criteria, is 
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); RUal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011), qff'd, 683 
F.3d. 1030 (9th Cir. 2012); Matter o.fChawathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that 
the "truth is to be determined not by the quantity of evidence alone but by its quality" and that U.S. 
Citizenship and Immigration Services (USCIS) examines "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''). Accordingly, \vhere a 
petitioner submits qualifying evidence under at least three criteria, we will determine whether the 
totality of 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. 
II. ANALYSIS 
The Petitioner is a singer, songwriter, and producer who has performed in the United States and 
Australia and has written and produced music for herself and other artists. Because the Petitioner 
has not established that she has received a major, internationally recognized award, she must satisfy 
at least three ofthe alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
A. Evidentiary Criteria 
The Director found that the Petitioner met the published material criterion under 8 C.F.R. 
§ 204.5(h)(3)(iii). The record contains numerous articles about her, including postings on 
and that support this finding. In addition, the Director 
determined that the Petitioner met the display criterion at 8 C.F.R. § 204.5(h)(3)(vii) based on her 
performances and concerts in Australia and the United States. Moreover, the Petitioner presented 
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Matter of B-G-B-
evidence satisfying the original contributions criterion under 8 C.F.R. § 204.5(h)(3)(v). Specifically, 
she co-produced album, which received the 
for'' 
B. Final Merits Determination 
As the record satisfies three of the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), we now 
analyze the Petitioner's accomplishments and weigh. the totality of the evidence to determine if her 
successes are sufficient to demonstrate that she has extraordinary ability in the field of endeavor. 
We will evaluate whether the Petitioner has demonstrated, by a preponderance of the evidence, that 
she has sustained national or international acclaim and that her achievements have been recognized 
in the field through extensive documentation, making her one of the small percentage who has risen 
to the very top of the field of endeavor. See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. 
§ 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. In this matter, the Petitioner has shown 
her eligibility. 
In addition to and dozens of publications have interviewed 
and profiled the Petitioner, garnering her and her music national and international recognition. For 
instance, the Petitioner's album, was critiqued on and given three out of 
four stars. The reviewer indicated that the album was and lauded 
the breadth of her musical skill in writing 11 of the 12 songs and playing nearly all of the musical 
instruments. 
Moreover,. the acclaim of the Petitioner's work is evidenced by its appearance in nationally and 
internationally popular productions. Her songs have been featured in television shows such as 
commercial for 
on his song, ' 
on the movie soundtrack, 
permission to use the song, 
duet. · 
and as well as a television 
In addition, the Petitioner performed in a duet with rock legend 
for the movie, According to who worked 
after he fonvarded the Petitioner's demo to to get his 
was so impressed that he requested to join the Petitioner in a 
The record also contains evidence showing the Petitioner's talents are sought for nationally and 
internationally renowned events and endeavors. For example, she has performed \vith the 
and has also collaborated and toured with acclaimed artists, such as 
and In reference letters, these artists detail their collaborations and highly 
praise the Petitioner for her multi-faceted music skills. As indicated above, the Petitioner co-
produced album, which won an for 
'and she is credited with writing two songs on the album. 
Here, the Petitioner has demonstrated her extraordinary ability. The totality of the evidence 
establishes that she possesses a level of expertise that is consistent \Vith a finding that she is one of a 
small percentage who has risen to the very top of the tl.eld of endeavor. In addition, the Petitioner 
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Matter of B-G-B-
has documented sustained acclaim. See section 203(b)(l)(A) ofthe Act; 8 C.F.R. § 204.5(h)(2), (3); 
Kazarian, 596 F.3d at 1119-20. 
III. CONCLUSION 
The Petitioner has shown that she meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). She has also demonstrated sustained national and international acclaim and that 
her achievements have been recognized through extensive documentation. She therefore qualifies 
for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
Cite as Matter of B-G-B-, ID# 327939 (AAO Mar. 31, 2017) 
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