dismissed O-1B Case: Music

US. Department of Homeland Security 
20 Mass. Ave., N.W., Room A3042 
Washington, DC 20529 
File: SRC 04 204 53 136 Office: TEXAS SERVICE CENTER Date: 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(15)(0)(i) of the Immigration and 
Nationality Act, u.s.c,§ 11 0 1 (a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Ofice 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. 
U 
pbert P. Wiemann, Director 
Administrative Appeals Ofice 
SRC 04 204 53 136 I 
Page 2 
DISCUSSION: The Texas Service Center Director denied the nonimmigrant visa petition in a decision dated 
July 30, 2004. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner is a non-profit organization established for the promotion and instruction of Indian performing 
arts. The petitioner is seeking 0-1 classification of the beneficiary as an alien with extraordinary ability in the 
arts under section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 
1 10 1 (a)(15)(0)(i), in order to employ him as a tabla performer and teacher. 
The director denied the petition, finding that the petitioner failed to establish that the beneficiary is "at the 
very top" of his field or that he has had the requisite "sustained acclaim" in the field of arts (tabla playing). 
On appeal, counsel for the petitioner submits a brief. 
Section 101(a)(15)(0)(i) of the Act provides classification to a qualified alien who has extraordinary ability in 
the sciences, arts, education, business, or athletics has been demonstrated by sustained national or 
international acclaim, whose achievements have been recognized in the field through extensive 
documentation, and who seeks to enter the United States to continue work in the area of extraordinary ability. 
The beneficiary is a 43-year o 
beneficiary studied the tabla wi 
performed as a solo artist and h 
instructor and performing artist 
for approximately four years. In September 2003, the'beneficiary began teaching and performing for the 
petitioning organization. He last entered the United States as a P-3 nonimmigrant visitor on January 5,2004. 
The issue in this proceeding is whether the petitioner has established that the beneficiary qualifies as an alien 
with extraordinary ability in the arts. 
The regulation at 8 C.F.R. 214.2(0)(3)(ii) defines, in pertinent part: 
Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, 
visual arts, culinary arts, and performing arts. 
Extraordinary ability in the field of arts means distinction. Distinction means a high level of 
achievement in the arts evidenced by a degree of skill of skill and recognition substantially 
above that ordinarily encountered to the extent that a person described as prominent is 
renowned, leading, or well known in the field of arts. 
The regulation at 8 C.F.R. 3 214.2(0)(3)(iv) states that in order to qualify as an alien of extraordinary ability, 
the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the 
following: 
(A) Evidence that the alien has been nominated for, or has been the recipient of, significant 
national or international awards or prizes in the particular field such as an Academy Award, 
an Emmy, a Grammy, or a Director's Guild Award; or 
(B) At least three of the following forms of documentation: 
SRC 04 204 53 136 
Page 3 
(1) Evidence that the alien has performed, and will perform services as a lead or 
starring participant in productions or events that have a distinguished reputation as 
evidenced by critical reviews, advertisements, publicity releases, publications, 
contracts, or endorsements; 
(2) Evidence that the alien has achieved national or international recognition for 
achievements evidenced by critical reviews or other published materials by or about 
the individual in major newspapers, trade journals, magazines, or other publications; 
(3) Evidence that the alien has performed, and will perform, in a lead, starring, or 
critical role for organizations and establishments that have a distinguished 
reputation evidenced by articles in newspapers, trade journals, publications, or 
testimonials; 
(4) Evidence that the alien has a record of major commercial or critically acclaimed 
successes as evidenced by such indicators as title, rating, standing in the field, box 
office receipts, motion picture or television ratings, and other occupational 
achievements reported in trade journals, major newspapers, or other publications; 
(5) Evidence that the alien has received significant recognition for achievements 
from organizations, critics, governmental agencies, or other recognized experts in 
the field in the alien is engaged. Such testimonials must be in a form clearly 
indicates the author's authority, expertise, and knowledge of the alien's 
achievements; or 
(6) Evidence that the alien has either commanded a high salary or will command a 
high salary or other substantial remuneration for services in relation to others in the 
field, as evidenced by contracts or other reliable evidence; or 
(C) If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the 
beneficiary's occupation, the petitioner may submit comparable evidence in order to establish 
the beneficiary's eligibility. 
The beneficiary has neither been nominated for, nor has he been the recipient of any significant national or 
international awards or prizes in his field of endeavor. The beneficiary does not satisfy the criterion set forth 
at 8 C.F.R. $ 214.2(0)(3)(iv)(A), so the petitioner must establish that the beneficiary satisfies at least three of 
the criteria set out at 8 C.F.R. $ 214.2(0)(3)(iv)(B). The petitioner submitted evidence to Citizenship and 
Immigration Services (CIS) in relation to criterion numbers one through three of the regulation at 8 C.F.R. fj 
2 14.2(0)(3)(iv)(B). 
Evidence that the alien has performed and will perform services as a lead or starring participant in 
productions or events which have a distinguished reputation as evidenced by critical reviews, 
advertisements, publicity releases, publications, conpacts, or endorsements. 
In relation to criterion number one, the petitioner, Samskriti Society for Indian Performing Arts (SSIPA), 
submitted a publicity release and a critical review dated September 23, 2003, of one of its productions, the 
First International Kuchipudi Dance Conference in North America. The publicity release and critical review 
SRC 04 204 53 136 
Page 4 
were published on a website http://www.narthaki.corn/info/reviews/rev133.html [accessed on 8/26/2004]. 
The beneficiary is not named in the review. The petitioner did not indicate that the beneficiary participated in 
this production. 
The petitioner submitted a critical review of the petitioning organization's director, teacher and performer, 
Rathna Kumar. There is no mention of the beneficiary in the review. 
The petitioner submitted a list of past productions that was published on its website 
(m-.sarnskriti.houston.org). Although a number of performers are mentioned on the list, the beneficiary is 
not included. 
The petitioner submitted a publicity flyer indicating that the beneficiary was one of three featured performing 
artists for a production held at the Anjali Center for Performing Arts in Houston, Texas. 
The petitioner included a publicity flyer indicating that the beneficiary was one of two performers in a vocal 
concert at the Chinmaya Mission, Houston, Texas on June 6,2004. 
The petitioner submitted a publicity flyer featuring the beneficiary and one other musician for a production at 
the Rehearsal Hall at the Tampa Bay Performing Arts Center, held on May 23,2003. 
The petitioner submitted a copy of a publicity flyer published on the Internet that states that the beneficiary 
accompanied another musician at a lecture-demonstration held at the University of South Florida Cooper Hall 
Auditorium, Tampa, Florida on November 16,200 1. 
The petitioner submitted a publicity flyer for an event held on May 18, 2002 at the Heritage Hall, Hindu 
Temple of Toledo, which features the beneficiary and one other musician. 
The petitioner submitted a brief review published in India Today International dated December 10, 2001, 
which notes the beneficiary and another musician held a demonstration of khayal, a genre of Hindustani 
classical vocal music, at the Pandit Jasraj School of Music in Tampa, Florida. 
The petitioner submitted two reviews of a performance by the beneficiary and a vocalist at the Chinmaya 
Mission auditorium in Houston, Texas. Both reviews were published on June 18,2004, in the Indo-American 
News. 
The petitioner submitted an article published on the Internet on August 3, 2000, about the Pandit Jasraj 
School of Music in Tampa that mentions that the beneficiary was on its faculty. 
The petitioner failed to establish that the beneficiary has performed in productions that have a distinguished 
reputation in the past. The petitioner failed to establish that the beneficiary will perform as a lead or starring 
participant in productions that have a distinguished reputation. The beneficiary does not satisfy this criterion. 
Evidence that the alien has achieved national or international recognition for achievements 
evidenced by critical reviews or other published materials by or about the individual in major 
newspapers, trade journals, magazines, or otherpublications. 
The petitioner submitted evidence in the fornl of critical reviews and published material for criterion number 
two. The evidence is discussed above in relation to criterion number one. The petitioner failed to establish 
SRC 04 204 53 136 
Page 5 
that the beneficiary has achieved sustained acclaim on a national or international level. 
The petitioner stated the beneficiary won the Gold Medal from the Sangeet Natak Academy of Lucknow and 
was awarded national talent scholarships from the Indian government. The petitioner failed to establish that 
the beneficiary received national or international recognition for such scholarships. The petitioner also states 
that the beneficiary received the title of Sangeet Prabhakar from the Prayag Sangeet Samiti. The petitioner 
failed to establish the significance of the medal and title. The beneficiary does not satisfy this criterion. 
Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for 
organizations and establishments that have a distinguished reputation evidenced by articles in 
newspapers, trade journals, publications, or testimonials. 
For criterion number three, the petitioner submits three testimonials includin one written by the petitioning 
organization's artistic director, Ms.ee 
accompanied her on the tabla cert ours aroun e world. 
professional vocalist, performi 1 classical music at the Mu 
university of Pune writes that the beneficiary has accompanied him on many solo concert tours around the 
world and that the beneficiary has gained a large number of devoted students at SSIPA. Padma Talwalkar, 
professional vocalist and a performing artist in north Indian classical music, wrote that the beneficiary has 
accompanied her on many of her concerts and that he has "evolved into a great teacher." 
In review, the testimonials' authors fail to indicate that the beneficiary has or will perform in a lead, starring 
or critical role for organizations and establishments that have a distinguished reputation. The beneficiary does 
not satisfy this criterion. 
The petitioner submitted a favorable consultation from an appropriate U.S. peer group. Consultations are 
advisory in nature and are not binding on CIS. 8 C.F.R. $2 14.2(0)(5)(i)(D). 
After a careful review of the entire record, it is concluded that the petitioner has not shown that the 
beneficiary is a person of extraordinary ability in his field of endeavor. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 
1361. Here, the petitioner has not met that burden. 
ORDER. The appeal is dismissed.