sustained EB-1A Case: Music

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-H-C-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 2, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a violinist, seeks classification as an individual of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § l 153(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 Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had shown that she met only one of the ten initial evidentiary 
criteria, of which she must meet at least three. 
On appeal, the Petitioner submits additional evidence and contends that she qualifies as an individual 
of extraordinary ability. 
Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b )(1 )(A) of the Act makes visas available to immigrants 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 field 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. 
Matter of G-H-C-
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 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). Alternatively, he or she must provide documentation that meets at 
least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such 
as awards, memberships, and published material in certain media). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided 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. USCIS, 596 F.3d 1115 (9th Cir. 2010) 
( 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.D. 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 ofChawathe, 25 I&N Dec. 369,376 (AAO 2010). 
II. ANALYSIS 
In denying the petition, the Director found that the Petitioner met the criterion for participation as a 
judge of the work of others under 8 C.F.R. § 204.5(h)(3)(iv) but that she did not meet the criteria for 
awards, published material, and leading or critical role under 8 C.F.R. § 204.5(h)(3)(i), (iii), and (viii), 
respectively. 
On appeal, the Petitioner asserts that she meets at least three criteria and that she qualifies as an 
individual of extraordinary ability. We have reviewed all of the evidence in the record of proceedings, 
and we find that the Petitioner has sufficiently demonstrated that she meets the criteria for awards, 
published material, judging, and leading or critical role under 8 C.F.R. § 204.5(h)(3)(i), (iii), (iv), and 
(viii). In addition, we conclude that the Petitioner has established that she has sustained national or 
international acclaim and that her achievements have been recognized in the field of expertise, 
indicating that she is one of that small percentage who has risen to the very top of the field of endeavor 
under 8 C.F.R. § 204.5(h)(2)-(3). 1 
1 See USCIS Policy Memorandum PM-602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADll-14 13 (Dec. 22, 2010), 
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/i- l 40-evidence-pm-6002-005- l .pdf. 
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Matter of G-H-C-
A. Evidentiary Criteria 
Documentation of the individual's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the.field of endeavor. 8 C.F.R. § 204.5(h)(3)(i) 
The Director held that the Petitioner had not provided evidence of national or international media 
coverage through major trade publications or other major media to establish that the awards she 
received were nationally or internationally recognized. Here, we clarify that requiring such a level of 
media coverage is beyond the requirements of the regulation at 8 C.F.R. § 204.5(h)(3)(i), which 
requires that the prizes or awards are given for excellence in the field and that they are nationally or 
internationally recognized. While media coverage is one type of evidence that may establish whether 
the prizes or awards are nationally or internationally recognized, this is not a specific requirement of 
the regulation and exceeds the scope of this criterion. 2 
The record reflects that thp...E.eti.\:ioner received first place for violin at the 2012 I I 
International Competition inL__J The record contains an article published in Asia Economic Daily 
that discusses the Petitioner's first place award at this competition, statinf that it "was first held in 
1991 to commemorate the Austrian 'master of violin violinist I a violin and viola concert 
and competition." The Petitioner has submitted documentation from the website for the World 
Federation of International Music Competitions which provides the details of the competition. The 
record also contains evidence that establishes the prominence of the jurors in the field. 
In addition, the record demonstrates that the Petitioner won second place in the 2010 ~I -----~ 
International Violin Competition in I I Italy. An article from www.teatro.it describes this as a 
prestigious competition judged by internationally renowned violinists, indicating that the 2010 
competition included 64 violinists from 25 countries. Accordingly, based on the international structure 
of these competitions, the distinguished judges involved, and the number of competitors from around 
the world, the record reflects that the Petitioner's prizes from these competitions represent nationally 
or internationally recognized awards for excellence in the field. 
Published material about the individual in professional or major trade publications or other 
major media, relating to the alien's work in the field for which classification is sought. Such 
evidence shall include the title, date, and author of the material, and any necessary translation. 
8 C.F.R. § 204.5(h)(3)(iii). 
The Director held that the Petitioner had not established that she met this criterion, noting that the 
articles in the record merely announced her winning competitions and the evidence submitted does 
not establish the publications as major media. Here, we note that the record contains an article 
published in Asia Economic Daily about the Petitioner that discusses her background in the field and 
the piece she played in receiving the first place award at thel !International Competition. 
This article also discusses the awards she received at other international music competitions. 
2 The Director noted that the translation certifications that the Petitioner initially submitted were not certified as "complete" 
under 8 C .F.R. § 103 .2(b )(3) and then in response to his request for evidence that the certificates of translation do not 
identify the original document. Here, we find that the translations of the documents discussed in this decision comply with 
this regulation. 
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Matter of G-H-C-
Accordingly, this demonstrates that the article is about her, relating to her work in the field. The record 
contains circulation details of this publication and its ranking among websites in South Korea, 
indicating, together with the evidence of its viewership, that it constitutes major media. Therefore, 
the Petitioner has established that she meets the requirements of this criterion. 
Evidence of the individual's participation, either individually or on a panel, as a judge of the 
work of others in the same or an allied.field of specialization for which class[fication is sought. 
8 C.F.R. § 204.5(h)(3)(iv). 
The Director held that the Petitioner met this criterion. We aree. The record reflects that the 
Petitioner served as a judge at the annual I Concerto Competition, evaluating 
string students. Therefore, she has sufficiently establishes that she meets 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). 
For a leading role, the evidence must establish that the petitioner is or was a leader. 3 If a critical role, 
the evidence must establish that the petitioner has contributed in a way that is of significant importance 
to the outcome of the organization or establishment's activities. A supporting role may be considered 
"critical" if the petitioner's performance in the role is or was important in that way. It is not the title 
of the petitioner's role, but rather his or her performance in the role that determines whether the role 
is or was critical. 4 
The record contains a letter froml L the director of thec=J Symphony Orchestra, who 
states that "[the Petitioner] was invited as a soloist for several concerts including the joint concert with 
□symphony Orchestra and thel National Symphony Orchestra inl I" noting that her 
performance "was essential and critical to the success of the historic performance." He states that 
"[ s ]he was indeed the 'star' of the show, and the advertisements for the concert had her picture featured 
prominently on the front of the programs." He farther indicates that "[e]very performance she did 
with [the orchestra] was highly acclaimed from audienp.e.s ..... .apd critics both in [South] Korea and 
China." I lalso discusses the reputation ofthe[___JSymphony Orchestra, stating that it is 
a renowned orchestra in South Korea that performs over 100 concerts each year and that it "has 
recorded albums that have been nominated for the Grammy awards .... " In addition, the record 
contains an article published in Roma Today, discussing the orchestra's tour in Italy, indicating that 
the0 Symphony Orchestra has been "the undisputed star of the South Korean music scene" for 
sixty years. This evidence establishes the distinguished reputation of the Dsymphony Orchestra. 
Accordingly, the Petitioner's role in the performances noted above and the manner in which she was 
3 See USCTS Policy Memorandum PM-602-0005 .1, Evaluation of Evidence Submitted with Certain Form T-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADll-14 10 (Dec. 22. 2010), 
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/i- l 40-evidence-pm-6002-005-1.pdf. 
4 Id. 
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Matter of G-H-C-
featured as a soloist in the joint concert inl O Jdemonstrates that she has performed a leading or 
critical role for an organization with a distinguished reputation. 
In addition, the record contains a letter from I I, the former conductor and director of the 
.__ __ __.I Philharmonic Orchestra, attesting to the Petitioner's performances with the orchestra. He 
states that she performed as a soloist with the orchestra in 2004 and as a concertmaster for the 
orchestra's tour in 2005 where "she led the orchestra successrly pertg'ing multi-city tours in 
Germany and the United States including~ University and Hall." He adds that the 
Petitioner performed as a soloist with the orchestra at the annual Festival in South Korea 
in 2012. The record reflects that thel !Philharmonic Orchestra is one of the leading orchestras 
in South Korea with its nationally recognized music festival and that the Petitioner's role as a soloist 
and concertmaster indicates that she performed a leading or critical role for an organization with a 
distinguished reputation. Therefore, with the evidence discussed above, the Petitioner has established 
that she meets this criterion. 
B. Final Merits Determination 
The Petitioner has submitted the requisite initial evidence, having provided documentation that she 
meets at least three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In a final merits determination, 
we examine and weigh the totality of the evidence to determine whether the Petitioner has sustained 
national or international acclaim and is one of the small percentage at the very top of the field of 
endeavor, and that her achievements have been recognized in the field through extensive 
documentation. 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, for the reasons discussed below the Petitioner has established that she 
meets this standard. 
The record reflects that the Petitioner began playing the violin at age four, and at age ten she began 
her performing career with the I I Symphony Orchestra. The Petitioner has submitted evidence 
demonstrating that she has performed as a soloist with the~ Philharmonic Orchestra, thec=J 
Symphony Orchestra, the I I Chamber Orchestra, and the I I Philharmonic Orchestra, 
among others. 
The record reflects that the Petitioner received second place in the 20061.__~ ____ _.l, .... Ju .... t ..... eru ......... a .... tJ ... · o ..... u ... a....,l 
Violin Competition in German and first place for violin in the 2009 I I 
International Competition in .......,,=====--======; As noted above, the record indicates that the Petitioner 
won second place in the 2010 International Violin Competition inl I Italy. An 
article from www.teatro.it describes thel I competition as a prestigious competition 
judged by internationally renowned violinists. The Petitioner also won first place at the 2012 ~ 
I !International Competition inl I The record contains an article published in Asia Economic 
Daily that discusses her award and the prominence of this competition. Accordingly, these awards are 
an indication of the Petitioner's national or international acclaim in 2006, 2009, 2010, and 2012. 
The letter discussed above from I l the former conductor of the I I Philharrn"onic 
Orchestra, further explains the Petitioner's role with the orchestra and his involvement in selecting 
and directing her. He praises her performances as a soloist with the orchestra in 2004 and as a 
concertmaster for the orchestra's international tour in 2005. In discussing her role as a soloist with 
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Matter of G-H-C-
the orchestra at the annual I I Festival in South Korea in 2012, he states that "[h]er 
performance brought standing ovations from the audience and was most definitely a highlight of [his] 
career." This demonstrates that the Petitioner's role with thel !Philharmonic Orchestra is 
indicative of her national or international acclaim in 2004, 2005, and 2012. 
Similarly, I l the music director of the I I Chamber Orchestra, states in his letter that the 
Petitioner performed as a soloist for the orchestra in several prestigious national and international 
concerts from 2011 to 2013, specifically noting performances in a concert tour to China in 2012 and 
as a soloist at the 20131 I Concert in which she performed with 
several other renowned musicians. As discussed above, the record reflects that the Petitioner also 
played a prominent role as a soloist for thec=JSymphony Orchestra in China and South Korea in 
2012 and 2013. The Petitioner's roles with these orchestras further establishes her recognition in the 
field of expertise and her acclaim during these years. 
In a letter from Grammy award winning violinist I I she states that the Petitioner performed 
with her inl I at a benefit for the United Nations in 2015 and as part of a tour through the 
United States and to Brazil from 2015 to 20ll and that she will continue to perform as part of the 
national and international programs I has founded, attesting to her abilities as a musician. 
This reflects, with the evidence discussed above, that the Petitioner has sustained national or 
international acclaim and that her work has been recognized in the field, indicating that she has risen 
to the very top of the field. 
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. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Skirball Cultural Ctr., 25 I&N 
Dec. 799, 806 (AAO 2012). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofG-H-C-, ID# 3146565 (AAO July 2, 2019) 
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