sustained EB-1A Case: Music

U.S. Citizenship 
and Immigration 
Services 
In Re: 17773598 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 26, 2021 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a musician , composer , and music producer, seeks classification as an individual of 
extraordinary ability . See Immigration and Nationality Act (the Act) section 203(b )(1 )(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 Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required , that the Petitioner had satisfied at least three of the ten initial evidentiary criteria 
for this classification. The matter is now before us on appeal. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. See section 291 of the Act; Matter of Chawathe , 25 I&N Dec. 369, 
375 (AAO 2010) . Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(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 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 
international recognition of his or her achievements in the field through a one-time achievement (that 
is, a major, internationally recognized award). If the petitioner does not submit this evidence, then he 
or she must provide sufficient qualifying documentation that meets at least three of the ten criteria 
listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such as awards, published material in certain 
media, and scholarly aiiicles). 
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-paii review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits detennination); 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). 
II. ANALYSIS 
The Petitioner is a singer, songwriter, musician, and music producer. He has released five so lo albums, 
toured internationally, and collaborated as a co-producer, co-writer and musician on the albums and 
singles of other recording artists. The Petitioner has also contributed original music to commercial 
campaigns and television soundtracks and served as the composer for the,__ _____ __.series 
I I He states that he intends to continue working in the United States as a songwriter, 
composer, and producer. 1 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that he has received a major, internationally 
recognized award, he must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). TheDirectorconcludedthathemettwo ofthetencriteria. Specifically, 
the Director determined that the Petitioner had established his receipt of nationally or internationally 
recognized prizes or awards and provided evidence of published material about him, and therefore 
satisfied the criteria at 8 C.F.R. § 204.5(h)(3)(i) and (iii). 
On appeal, the Petitioner maintains that he meets up to four additional criteria at 8 C.F.R. § 
204.5(h)(3)(i)-(x) and is othe1wise eligible for classification as an individual of extraordinary ability. 
After reviewing all the evidence in the record, we conclude that the Petitioner meets two additional 
criteria, relating to judging the work of others in his field and commercial success in the performing 
arts. See 8 C.F.R. § 204.5(h)(3)(iv) and(x). 
With respect to the judging criterion at 8 C.F.R. § 204.5(h)(3)(iv), the Petitioner provided evidence 
that he has been a voting member of The Recording Academy since 2015, in which capacity he votes 
among the nominees for the annual Grammy Awards. By having some influence over the selection of 
1 The record shows that the Petitionerwa s working in the United States for several years prior to the filing of this petition 
pursuantto E-2 nonimmigrantstatus. He is the ownerotl , I a music production company. 
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award winners, the Petitioner participates as a judge as described in the regulation. He has documented 
his participation in voting for three editions of the Grammy Awards and therefore satisfies this 
criterion. 
The criterion at 8 C.F.R. § 204.5(h)(3)(x) focuses on volume of sales and boxofficereceipts in relation 
to others as a measure of an individual's commercial success in the perfmming aiis. The Petitioner 
claims eligibility under this criterion based on the commercial success ofc=Js 2007 albumD 
I I on which he se · · vidence that the album 
was certified Gold by the in 2009 based on sales 
of more than 500,000 in the United States) and certified Double Platinum b .__ ____ _.(based on 
sales of more than 200,000 units in Canada). The Director acknowledged this evidence but determined 
the criterion had not been met. In reaching this dete1mination, the Director emphasized that the 
Petitioner claimed eligibility for this classification "as a producer, not a performing aiiist," that he did 
not "provide evidence of sales or box office receipts," and that he did not provide evidence that he "is 
featured in any promotional material that may lend credence thatthe success of a particular production 
in which [he] performed can be attributed to [him]." 
The evidence establishes that both thel ts andl l's certification programs require 
record labels to submit proof of commercial sales that is subject to audit and that they are recognized 
industry wide as indicators of commercial success. The Petitioner also provided evidence that he was 
personally presented with a '1 [" plaque froni lhased 
on his contributions to the album land that he is mentioned asc=Js co-producer and 
close collaborator in the many submitted reviews and media articles about the album. We conclude 
that the Petitioner established his contributions to the album's commercial success, and that he has 
satisfied the criterion at 8 C.F.R. § 204.5(h)(3)(x). 
Based on the foregoing, the Petitioner has demonstrated that he meets the initial evidence requirements 
for this classification by satisfying at least three of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i)­
(x). 
B. Final Merits Determination 
As the Petitioner submitted the reqms1te initial evidence, we will evaluate whether he has 
demonstrated, by a preponderance of the evidence, his sustained national or international acclaim and 
that he is among the small percentage atthe very top of the field of endeavor, and that his achievements 
have been recognized in the field through extensive documentation. In a final merits determination, 
we analyze a petitioner's accomplishments and weigh the totality of the evidence to determine if their 
successes are sufficient to demonstrate that they have extraordinary ability in 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. Here, we conclude that the Petitioner has demonstrated his eligibility for the benefit sought 
The record reflects that the Petitioner has received international acclaim for his work as a music 
producer and collaborator with other artists, includin~andl lsinger-songwriterD 
among others. As noted, the Petitioner was credited as a co-writer, co-producer, and musician 
's albuml I which received D Grammy A ward nominations in 200 8 andc=J 
wards from thel !Academy ofRecordingA1is and Sciences. The album also enjoyed 
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noteworthy critical acclaim and extensive media coverage as evidenced by reviews and articles in 
mainstream and music industry publications including New York Times, NPR, People, Spin, Rolling 
Stone, and many others. Further, the album achieved commercial success as evidenced by its Gold 
andl lfrom thel I and I I The album's success resulted 
in live performances at the Grammf Awards, Saturday Night Live, and other jajorl televised 
broadcasts, including the I Olympics, for which the Petitioner served as s musical 
director. As mentioned above, the Petitioner's contributions to these achievements are acknowledged 
in the many submitted reviews, articles, and interviews about the album, and are confirmed in letters 
frorrc=]'s management and others in the industry. 
The record reflects that the Petitioner has since received sustainedrecognition in the industry asD's 
long-time close collaborator and is well-known for his contributions as a co-writer aid co-producer 
onl ~ critically acclaimed follow-ups tol lThese albums include (2011) 
which was certified platinum inl I reache~~----~on the Billboard 200 chart and earned 
al IA ward nomination and~ I Music Prize. In 201 7, the Petitioner again collaborated with 
~ as a writer and producer on her studio albuml l which reached the Billboardl I 
Top 10 and achieved critical acclaim as evidenced by its inclusion on many year-end best album lists 
~or media. In addition to his work witp the Petitioner co-wrote and c~-prodTed thee=] 
L_____.J single 1 ~ which received th O f prize at the 20 I Awards and 
was certified triple platinum by th~ I Recording Industry Association. The Petitioner's 
contributions to this song and other recordings by I land other artists are highlighted in the 
submitted media articles and earned him additional acclaim as a songwriter and producer.I I 
I tan A&R Manager at,__ _______ ___, states that he has "watched [the Petroner'sll 
career skyrocket with outstanding work on his productions wit~ ID,I I, 
Oandmore." 
In addition to his work as a producer and co-writer for other artists, the Petitioner has released five 
solo albums and three EPs since 2002 and has toured in North America, Europe, and Japan. Feature 
stories, articles, interviews, and reviews focusing on the Petitioner and his work have appeared in 
media outlets such as BBC, NPR, Pitchfork, Wired, Fader, Vice and Bandcamp, as well as Canadian 
national newspapers The Globe and Mail and the National Post. Overall, the Petitioner has submitted 
significant press coverage of his career spanning a period of 15 years. The Petitioner's acclaim in the 
field is further evidenced by the inclusion of his son s on soundtracks for television shows including 
-------~·,I t,L._ _____ ..,.......... ____ ----....r--_.Jand 
, as well as soundtracks for several feature films, includin '-'---------' 
As a composer, the Petitioner has contributed original music to commercial campaigns for major 
brands including A le Adidas and Porsche. He has also achieved acclaim for his work as the 
composer for the,__ __ ~--~---__.show,___----.======f which earned him a~ 
I I award at the 2020 Awards sponsored c::J I anl !distributor and 
streaming service described as "the world's most popular brand." 
Based on this evidence of his achievements and earned recognition, as well as other evidence not 
discussed above, the Petitioner has demonstrated his extraordinary ability as a musician and producer 
and established that he has a "career of acclaimed work in the field" as contemplated by Congress. 
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H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). The totality of the evidence establishes thatthe Petitioner 
possesses a level of expertise that is consistent with a finding that he is one of a small percentage at 
the very top of the field of endeavor and that he has the required sustained acclaim. See section 
203(b )(1 )(A) of the Act; 8 C.F.R. § 204.5(h)(2), (3); Kazarian, 596 F.3d at 1119-20. 
III. CONCLUSION 
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained national and international acclaim and that 
his achievements have been recognized through extensive documentation. Lastly, the Petitioner has 
shown that he intends to continue working in his area of expertise and that his work will substantially 
benefit prospectively the United States. He therefore qualifies for classification as an individual of 
extraordinary ability. 
ORDER: The appeal is sustained. 
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