sustained EB-1A Case: Music

FILE: 
IN RE: Petitioner: 
u.s. DeportJioeot of Homeland Securtty 
20 M .... Ave., N.W., Rm. 3000 
Washing1on, DC 20529 
US. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: JUN 0 ! 2008 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)(I)(A) of the hnmigration and Nationality Act, 8 U.S.C. § I I 53(b)(I)(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. 
?o~c 
Administrative Appeals Office 
www.uscls.gov 
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DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained and the petition will be approved. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts pursuant to section 
203(b)(I)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § I I 53(b)(I)(A), as an alien of 
extraordinary ability in the arts. The director determined the petitioner had not established the requisite 
national or international acclaim. 
On appeal, counsel submits a brief and additional evidence. Counsel initially asserts that the director's 
request for additional evidence, which mostly reiterated the regulatory standards for the classification 
sought, did not identifY any of the deficiencies raised in the final decision. Nothing in the regulation at 
8 C.F.R. § I03.2(b)(8) precludes the director from denying the petition based on deficiencies not 
specifically identified in the request for additional evidence, some of which may arise from a review of 
the evidence submitted in response to such a notice. Regardless, we will consider all new evidence 
submitted on appeal. Counsel's assertions regarding the petitioner's eligibility wiIl be discussed in 
detail below. While not all of counsel's assertions are persuasive, the petitioner has met her burden in 
this matter. 
Section 203(b) of the Act states, in pertinent part, that: 
(I) 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 
seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (Nov. 
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 
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field of endeavor. 8 C.F.R. § 204.5(h)(2). The specific requirements for supporting documents to 
establish that an alien has sustained national or intemational acclaim and recognition in 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 she has 
sustained national or international acclaim at the very top level. 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a violinist The 
regulation at 8 C.F.R. § 204.5(h)(3) presents ten criteria for establishing sustained national or 
international acclaim, and requires that an alien must meet at least three of those criteria unless the alien 
has received a major, internationally recognized award. The director concluded that the petitioner 
meets only the criterion set forth at 8 C.F.R. § 204.5(h)(3)(vii). We wiIl not withdraw that conclusion. 
Review of the evidence of record establishes that the petitioner also meets an additional two criteria. 
Before addressing the regulatory criteria, we note that the record contains more than 50 letters from 
experts and other members of the field supporting the petition. The opinions of experts in the field, 
while not without weight, cannot form the cornerstone of a successful claim of sustained national or 
international acclaim. Citizenship and Immigration Services (CIS) may, in its discretion, use as 
advisory opinions statements submitted as expert testimony. See Matter of Caron International, 19 
I&N Dec. 791, 795 (Comm. 1988). However, CIS is ultimately responsible for making the final 
determination regarding an alien's eligibility for the benefit sought. Id. The submission of letters 
from experts supporting the petition is not presumptive evidence of eligibility; CIS may evaluate the 
content of those letters as to whether they support the alien's eligibility. See id. at 795-796. CIS 
may even give less weight to an opinion that is not corroborated, in accord with other information or 
is in any way questionable. Id. at 795; see also Matter of Soffici, 22 I&N Dec. 158, 165 (Comm. 
1998) (citing Malter of Treasure Craj/ of California, 14 I&N Dec. 190 (Reg. Comm. 1972». 
Ultimately, evidence in existence prior to the preparation of the petition carries greater weight than 
new materials prepared especially for submission with the petition. An individual with sustained 
national or international acclaim should be able to produce unsolicited materials reflecting that 
acclaim. 
Nevertheless, it bears mention that several the highest credentials have 
written in support of the petition. For example, asserts thal!h ges 
songs for caliber . and has selected and record for and 
that the petitioner "is recognized by everyone that I ow as one 
United States' most talented violinists today." 
Award-winning pianist as well as 
that he considers the petitioner 
notes that she has served as assistant concertmaster for the Philly Pops for selected presentations. 
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a visiting professor of composition at the University of Texas at Austin, asserts 
that he knows of "no other musician that possess equal artistic talent as well as charisma and 
determination." He continues: 
Rather than being content with her niche as the Principal Second Violin of the 
Philadelphia Chamber Orchestra, nationally a very reputable ensemble, she is in 
constant pursuit of more engaging ways of music-making, such as solo recitals, 
chamber music and solo performances with orchestras in different countries. She 
captivates as a recitalist and has been applauded by former Secretary of State Henry 
Kissinger at the 50th Anniversary Gala of the Foreign Policy Research Institute, as 
well as Presidents Ford and Carter at the of Music event. 
asserts that the petitioner "is at 
within the top five percent of young professionals in her field." 
Letters from independent musicians carry more weight than letters from those who have worked 
closely with or taught the petitioner or letters from individuals within the Ukrainian community with 
no expertise in music. Moreover, the record would have been bolstered by objective evidence 
supporting some of the claims in the record, such as the petitioner's alleged sold-out performances at 
Carnegie Hall and her position as guest concertmaster for the Fresno Philharmonic. 
Nevertheless, while the above letters would be insufficient had the petitioner not also submitted 
objeCtive evidence demonstrating that she meets at least three of the regulatory requirements, the letters 
are consistent with a finding that the petitioner has enjoyed a career of acclaimed work as a violinist 
and, for that reason, bear mention. 
For the reasons discussed below, we find that the petitioner meets the following two criteria in addition 
to the criterion identified by the director as being met. 
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 classification is sought. Such evidence 
shall include the title. date. and author of the material. and a~ necessary translation. 
The petitioner submitted several newspaper articles. Some of the articles are reviews that mention the 
petitioner only in passing and others appear in publications with a limited distribution. Nevertheless, 
we are satisfied that the petitioner has provided at least some articles that are primarily about her that 
have appeared in major media For example, the record contains a lengthy article entirely about the 
petitioner in Art-Postup. Contrary to the director's conclusion that the record lacked evidence 
regarding the significance of this publication, the record contains evidence that the pUblication is 
Ukraine's seventh most visited newspaper. Thus, we are satisfied that the petitioner meets this 
criterion. 
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Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
at the Curtis Institute of Music, the petitioner >C£',eu 
the The petitioner is cunrently 
In addition, as confinned by the petitioner has 
served as concertmaster for the Philly Pops. While several references assert that the petitioner 
has also served as guest concertmaster for the Fresno Philhannonic, the record contains no programs or 
letters from the group confirming this role. 
The director concluded that the record lacked evidence that these roles were critical or leading to such 
an extent as to be indicative of sustained national or international acclaim. We disagree. Both 
concertmasters and principal second violinists are credited as such in the various programs in the 
record. It is clear from the letters that these are roles for which the violinist must audition and for 
which they are formally selected. The union material in the both 
regular compensation for a concert violinist. 
confinns that principal second violinist is "second in the orchestral hierarchy to 
While the petitioner's role in a student orchestra, even 
~ value, we are persuaded that her roles 
_ both of which have documented distingllis 
limited 
and the 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
petitioner has established that she has been recognized as an alien of extraordinary ability who has 
achieved sustained national acclaim and whose achievements have been recognized in her field of 
expertise. The petitioner has established that she seeks to continue working in the same field in the 
United States. The petitioner has established that her entry into the United States will substantially 
benefit prospectively the United States. Therefore, the petitioner has 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. § 1361. The petitioner has sustained that burden. 
ORDER: The decision of the director is withdrawn. The appeal is sustained and the petition is 
approved.