sustained EB-1A Case: Theater Operations

U.S. Department of Homeland Security 
20 Mass. AV~.,N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citiienship 
and Immigration 
- 1 I 
Office: VERMONT SERVICE CENTER DEE 2 2 
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. 5 1 153(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 ofice. 
.u hobert P. Wiemann, Director 
Administrative Appeals Ofice 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office 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. The 
director determined the petitioner had not established that he qualifies as an alien of extraordinary ability in his 
field of endeavor. 
On appeal, counsel submits a brief and additional evidence. While not all of counsel's assertions are persuasive, 
we are satisfied that the petitioner meets at least three of the regulatory criteria. I 
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 thearea of 
extraordinary ability, and 
(iii) the alien's entry to the United States will substantially benefit prospectively 
the United States. 
As used in this section, the term "extrao;dinarY 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 field of endeavor. 8 C.F.R. § 204.5&)(2). 
An alien, or any person on behalf of the alien, may file for classification under section 203(b)(l)(A) of the Act 
as an alien of extraordinary ability in science, the arts, education, business, or athletics. .Neither an offer of 
employment nor a labor certification is required for this classification. 
The specific requirements for supporting documents to establish that an alien has achieved sustained national or 
international acclaim are set forth in U.S. Citizenship and Immigration Services (CIS) regulations at 8 C.F.R. 
$204.5(h)(3). The relevant criteria will be discussed below. It should be reiterated, however, that the petitioner 
must show that the beneficiary 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 Director of Operations for 
a Broadway-level theater. The regulation at 8 C.F.R. tj 204,5(h)(3) $resents ten criteria for establishing 
sustained national or international acclaim, and requires that an alien must meet at least three of those criteria 
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unless the alien has received a major, internationally recognized award. Review of the evidence of record 
establishes that the petitioner has in fact met three of the necessary criteria. 
Evidence of the alien's original scientijic, scholarly, artistic, athletic, or business-related contributions of 
major signijicance in the field. 
The director concluded that the reference letters submitted were primarily from the petitioner's personal 
acquaintances and that the record did not demonstrate the petitioner's influence on the field to a greater degree 
than others involved in similar pursuits. On appeal, counsel asserts that others in the field look to the petitioner 
as a result of his success with the Kimmel Center in Philadelphia, which manages the Academy Theater. 
It is not enough that the petitioner be successful in Philadelphia. Rather, he must demonstrate his influence on 
the field as a whole. The record, however, demonstrates such an influence. First, we note that, unlike the 
sciences, conference presentations are not inherent to the petitioner's occupation. Yet, the petitioner has served 
- on panels at conferences in his field. chairperson of, asserts that the petitioner was 
chosen as a lecturer because of "his reputation as a highly successful business person in the industry." - 
-eputy Director of INTIX, asserts that the Association '7s grateful to [the petitioner's] contributions 
to the success of our conferences and the Association." Such presentations are consistent with an influence in 
the field generally. ~oreoverm an attest to the petitioner's help in development their own 
production of "The Berenstain Bears On Stage" which will open in Omaha before touring nationally. 
General Manager of the in Los Angeles affirms that the petitioner's 
"widely known in our industry." President and CEO of the TheatreDreams Group of 
Companies, asserts that the petitioner's "leadership and vision are also helping other independent theatres and - - 
keep their theatres-and cities alive as well." 
We concur with the director that reference letters must be supported by objective evidence independent of the 
preparation of the petition. We note that the record contains several articles in publications that are not local to 
the petitioner's area of employment that quote the petitioner's opinion on recent theater trends. The petitioner 
also submitted letters from the journalists affirming that they sought the petitioner's opinion based on his 
expertise in the field. While we concur with the director that these articles are not "about" the petitioner and, 
thus, cannot serve to meet the criterion set forth in the regulation at 8 C.F.R. 5 204.5(h)(3)(iii), they support the 
reference letters attesting to the petitioner's influence in the field. 
Considering all of the above evidence in the aggregate, we are persuaded that the petitioner has established that 
he meets this criterion. 
Evidence that the alien hm performed in a leading or critical role for organizations or establishments that 
have a distinguished reputation. 
The director concluded that while the petitioner played a leading role for the Kimmel Center, the petitioner had 
not established the Center's distinguished reputation nationally. Rather, the director characterized the Kimmel 
Center as an "up-and-coming" theater. On appeal, counsel asserts that when a Broadway show tours, "only the 
top venues with the foremost booking executives win these highly prestigious and performances." 
The record contains an Internet article posted at www.broadwayworld.com, a site that does not appear to have a 
local focus announcing the Kimmel Center's 2005-2006 season that includes four "spectacular family musicals, 
including two of Broadway's biggest smash hits." On appeal, the petitioner submitted evidence that in 2004, 
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"Peter Pan" appeared at the Academy Theater during its 36 theater tour. The Kimmel Center was one of four 
theaters selling 70 percent of capacity or more. Vice President for Tour Marketing at Disney 
Theatrical Productions Ltd., asserts that Disney worked with the petitioner to book "Beauty and the Beast" at the 
Center as the last stop on the tour, ensuring that the tour "ended on a success~l note." h4r- 
further asserts that Disney booked "The Lion King" with the Center and characterizes the Center as "among the - 
nation's most prestigious venues for the performing arts." 
We are persuaded by the prestigious shows booked by the Kimmel Center and the opinions of those unaffiliated 
with the Center that the Center enjoys a prestigious reputation nationally. As such, we are satisfied that the 
petitioner meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box ofice receipts or record, cassette, 
compact disk, or video sales. 
The plain language of this criterion, set forth in the regulation at 8 C.F.R. 5 204.5(h)(3)(x), limits it to 
performing artists. That said, the regulation at 8 C.F.R. $204.5(h)(4) permits the submission of comparable 
evidence where a criterion is not "readily applicable." When considering evidence relating to this criterion for a 
performing artist, it is the petitioner's burden to demonstrate that the alien is personally responsible for the 
commercial success of the movie or album and to demonstrate the commercial success with quantifiable data. 
For example, the petitioner might demonstrate that the alien is prominently featured in the marketing of the 
movie or album. Thus, in order to constitute comparable evidence, the petitioner must demonstrate that he is 
personally responsible for the commercial success of the productions at the Kimmel Center. Moreover, the 
petitioner must submit specific data that supports the claim. On appeal, Janice Price, President and CEO for the 
Kimmel Center, asserts that the Center "had the highest actual gross sales figures for almost .every world-class 
Broadway musical compared to other major city venues around the nation in 2004." Mscredits the 
petitioner for this success, and the nature of his job supports that assertion. Specificall- 
President o, explains: 
A presenter, such as [the petitioner], must build and maintain relationships with producers, 
general managers and booking agents of these shows. Presenters are constantly striving to 
demonstrate to the producers, managers and bookers that their efforts as presenters will result in 
a profitable engagement. Additionally, as in the case of the Kimmel Center, they must also 
show that their efforts will be far superior to their competitors. To that end, the Kimmel Center 
has been an extremely skillful marketer of both season subscriptions and single tickets. Few 
performing arts venues have matched their success in recent years. 
M letter is supported by ~r.letter and statistical evidence demonstrating that only one theater 
sold a higher percentage of capacity for "Peter Pan" during its 36 theater national tour and that the Kirnmel 
Center significantly exceeded the average capacity percentages for the tour (70 percent for the Kimmel Center 
as compared to an average 57 percent for the entire tour). 
11 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the petitioner has 
established that he has been recognized as an alien of extraordinary ability who has achieved sustained national 
acclaim and whose achievements have been recognized in his field of expertise. The petitioner has established 
that he seeks to continue working in the same field in the United States. The petitioner has established that his 
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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. 9 1361. The petitioner has sustained that burden. 
ORDER: The decision of the director is withdrawn. The appeal is sustained and the petition is approved.