sustained EB-1A Case: Music

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
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FILE: WAC 04 236 52065 Office: CALIFORNIA SERVICE CENTER Date: APR 1 0 2006 
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. $ 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. 
eobert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 236 52065 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Ofice 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 arts. The director determined the petitioner had not established that he would continue employment in his 
field of expertise in the United States or that his entry into this country would substantially benefit prospectively 
the United States. 
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 to the United States will substantially benefit prospectively the 
United States. 
The regulation at 8 C.F.R. 5 204.5(h)(S) states: 
No offer of employment required. Neither an offer for employment in the United States nor a labor 
certification is required for this classification; however, the petition must be accompanied by clear 
evidence that the alien is coming to the United States to continue work in the area of expertise. Such 
evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments 
such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to 
continue his or her work in the United States. 
On appeal, the petitioner submits a statement detailing plans on how he intends to continue his work in the United 
States. This statement, combined with the letter from 
f 
stating that they are interested in 
having the petitioner compose, arrange, and produce material or their clientele, is adequate to demonstrate that 
the petitioner intends to continue work in his area of expertise in the United States. It also reasonable to conclude, 
based on the petitioner's past record of success and national acclaim in the Philippines' music industry, that his 
entry into the United States will substantially benefit the arts in this country. Accordingly, the petitioner has 
satisfied the statutory requirements set forth at sections 203(b)(l)(A)(ii) and (iii) of the Act. The petitioner's 
WAC 04 236 52065 
Page 3 
appellate submission has overcome the stated grounds for denial and thereby established eligibility for the 
benefits sought under section 203 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. 5 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.