dismissed O-1B Case: Music

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Room A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 03 178 50282 OFFICE: NEBRASKA SERVICE CENTER Date: J~N 1 7 2005 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 101(a)(15)(0)(i) 
Dear Ms. Park: 
On May 12, 2003, you filed a petition for nonimrnigrant classification of the beneficiary as an alien of 
extraordinary ability, pursuant to section 101(a)(15)(0) of the Immigration and Nationality Act (the Act), 8 
U.S.C. 5 1 101(a)(15)(0). Subsequently, on November 13,2003, the Director, Nebraska Service Center, denied 
your petition. You have appealed that decision, and your appeal is now before the Administrative Appeals Office 
(AAO). 
During the adjudication of your appeal, information has come to light that seriously compromises the credibility 
of your claims. Based upon this information, the AAO intends to dismiss your appeal. Pursuant to CIS 
regulations at 8 C.F.R. 5 103.2(b)(16)(i), we hereby notify you of this derogatory information and provide you 
with an opportunity to respond before we render our final decision. 
You claim the beneficiary meets the statutory and regulatory requirements regarding extraordinary ability in the 
arts, as described at 8 C.F.R. 5 214.2(0)(3)(iv). To support this claim, you have submitted a letter purportedly 
signed by "Thomas Jameson," [sic] American Guild of Musical Artists (AGMA), in which he asserts: 
The American Guild of Musical Artists has reviewed the Draft 1-129 Petition and supporting 
documentation regarding [the beneficiary]. 
'Based upon the applicable statutory and regulatory requirements regarding extraordinary ability 
in the arts, [the beneficiary] appears to be an artist who meets the standard set for at 8 CFR S 
214.2[(0)]. 
Accordingly, AGMA has no objection that this petition be granted. 
LIN 03 178 50282 
Page 2 
Noting discre ancies in the AGMA no-objection letter, Citizenship and Immigration Services (CIS) contacted 
AGMA. that he has never written a no-objection letter for Times Entertainment, 
Inc. 
Based upon the above information, provided to the AAO by the Fraud Detection Unit of CIS, we conclude that 
the-er is fmudulent. The no-objection letter you submitted contains an out-dated address. 
The signatory's name is incorrectly spelled. Your submission of this letter constitutes a willful misrepresentation 
of two material facts, i.e., the claim that the beneficiary is an alien of extraordinary ability, as demonstrated by an 
evaluation from AGMA to this effect, and that petitioner has obtained a valid consultation as required by the 
regulation at 8 C.F.R. fj 2 14.2(0)(2)(ii)(D). 
Doubt cast on any aspect of the petitioner's proof may lead to a reevaluation of the reliability and sufficiency 
of the remaining evidence offered in support of the visa petition. It is incumbent upon the petitioner to 
resolve any inconsistencies in the record by independent objective evidence, and attempts to explain or 
reconcile such inconsistencies, absent competent objective evidence pointing to where the truth, in fact, lies, 
will not suffice. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). The above derogatory information 
indicates you have submitted altered documentation and a forged letter. We cannot accord any of your other 
claims any weight, without original evidence that indisputably proves those claims. 
By signing the Form 1-129 petition, you certified under penalty of perjury that all of the information submitted 
with your petition was, to the best of your knowledge, true and correct. It is axiomatic, therefore, that your 
submission of any material claim, information, or document that you knew to be incorrect constitutes perjury. 
8 C.F.R. fj 103.2(b)(16)(i) does not specify the amount of time afforded to an applicant or petitioner to respond to 
derogatory evidence. We consider thlrty (30) days to be ample time for this purpose. Therefore, you are hereby 
afforded 30 days from the date of this letter in which to respond to this notice. If you choose to respond, please 
reference your receipt number, LIN 03 178 50282, in your response. 
We reiterate that, pursuant to Matter of Ho, supra, you cannot overcome the above findings simply by 
offering a written explanation. If you choose to contest the AA07s findings, you must offer substantial 
evidence from credible sources. Such evidence must address, explain, and rebut all of the discrepancies 
described above. If you do not submit such evidence within the allotted 30-day period, the AAO will dismiss 
your appeal. 
Finally, section 2 12(a)(6)(C) of the Act provides: 
Misrepresentation. - (i) In general. - Any alien who, by fraud or willfully misrepresenting a 
material fact, seeks to procure (or has sought to procure or has procured) a visa, other 
documentation, or admission into the United States or other benefit provided under this Act is 
inadmissible. 
Unless you are able to provide substantial evidence to overcome, fully and persuasively, all of our above findings, 
we will dismiss the appeal with a finding of fraud. It appears that, by filing the instant petition, and including 
false documentation, you have already sought to procure a visa on behalf of the beneficiary and other benefits 
LIN 03 178 50282 
Page 3 
provided under the Act. While you may choose to withdraw your appeal, we advise that, because you have 
already violated the above section of law, a withdrawal of the petition at this stage will not negate or prevent a 
finding of fraud. 
>*. Robert P. Wiemann, Director 
Administrative Appeals Office