sustained P-1 Case: Music And Dance

, Identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
pUBLtCCOPY 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
FILE Office: CALIFORNIA SERVICE CENTER Date: NOV 0 4 2010 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(15)(P)(iii) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(P)(iii) 
ON BEHALF OF PETITIONER: SELF -REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
erry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO will sustain the appeal and approve 
the petition. 
The petitioner filed the nonimmigrant petItIOn seeking classification of the beneficiary under section 
101(a)(15)(P)(iii) of the Immigration and Nationality Act (the Act), 8 U.s.c. § 1101(a)(15)(P)(iii), as artists 
coming to the United States to perform under a culturally unique program. The petitioner states that it operates a 
school of Indian classical music and dance. It seeks to employ the beneficiaries, who are classical Indian 
musicians, as musical accompanists, performers and instructors for a period of one year. The petitioner has filed 
four previous P-3 petitions on behalf of the beneficiaries since 2006, all of which were approved. 
The director denied the petition, concluding that the petitioner failed to establish that it will be the beneficiaries' 
only employer in the United States and failed to establish that it is qualified to file a petition as the beneficiaries' 
agent. 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded 
the appeal to the AAO for review. On appeal, the petitioner asserts that it has submitted evidence to establish that 
it will be the beneficiary'S only employer for the period of employment and events listed in the itinerary. The 
petitioner submits a statement and additional documentary evidence in support ofthe appeal. 
Upon review of the totality of the evidence, the AAO finds the petitioner's assertions persuasive. Accordingly, 
we will withdraw the director's decision and approve the petition. 
I. The Law 
Section 101(a)(15)(P)(iii) of the Act, provides for classification of an alien having a foreign residence which 
the alien has no intention of abandoning who: 
(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the 
performance of such a group, and 
(II) seeks to enter the United States temporarily and solely to perform, teach, or coach as a culturally 
unique artist or entertainer or with such a group under a commercial or noncommercial program 
that is culturally unique. 
The regulation at 8 C.F.R. § 214.2(p)(3) provides, in pertinent part, that: 
Culturally unique means a style of artistic expression, methodology, or medium which is unique 
to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons. 
The regulation at 8 C.F.R. § 214.2(p)(3) states, in pertinent part: 
Competition, event or performance means an activity such as an athletic competition, athletic 
season, tournament, tour, exhibit, project, entertainment event or engagement. Such activity 
could include short vacations, promotional appearances for the petitioning employer relating to 
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the competition, even or performance, and stopovers which are incidental and/or related to the 
activity. An athletic activity or entertainment event could include an entire season of 
performances. A group of related activities will also be considered an event. 
The regulation at 8 C.F.R. § 214.2(p)(2)(ii) states that all petitions for P classification shall be accompanied by: 
(A) The evidence specified in the specific section of this part for the classification; 
(B) Copies of any written contracts between the petitioner and the alien beneficiary or, if 
there is no written contract, a summary of the terms of the oral agreement under which 
the alien(s) will be employed; 
(C) An explanation of the nature of the events or activities, the beginning and ending dates 
for the events or activities, and a copy of any itinerary for the events or activities; and 
(D) A written consultation from a labor organization. 
The regulation at 8 C.F.R. § 214.2(p)(6)(i) further provides: 
(A) A P-3 classification may be accorded to artists or entertainers, individually or as a group, 
coming to the United States for the purpose of developing, interpreting, representing, 
coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or 
artistic performance or presentation. 
(B) The artist or entertainer must be coming to the United States to participate in a cultural 
event or events which will further the understanding or development of his or her art 
form. The program may be of a commercial or noncommercial nature. 
The regulation at 8 C.F.R. § 214.2(p)( 6)(ii) states that a petition for P-3 classification shall be accompanied by: 
(A) Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of 
the alien's or group's skills in performing, presenting, coaching, or teaching the unique 
or traditional art form and giving the credentials of the expert, including the basis of his 
or her knowledge of the alien's or group's skill, or 
(B) Documentation that the performance of the alien or group is culturally unique, as 
evidenced by reviews in newspapers, journals, or other published materials; and 
(C) Evidence that all of the performances or presentations will be culturally unique events. 
Finally, 8 C.F.R. § 214.2(p)(2)(iv)(E) addresses situations in which agents serve as petitioners: 
A United States agent may file a petition in cases involving workers who are traditionally 
self-employed or workers who use agents to arrange short-term employment on their behalf 
with numerous employers, and in cases where a foreign employer authorizes the agent to act 
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on its behalf. A United States agent may be: the actual employer of the beneficiary; the 
representative of both the employer and the beneficiary; or, a person or entity authorized by 
the employer to act for, or in place of, the employer as its agent. A petition filed by a United 
States agent is subject to the following conditions: 
(I) An agent performing the function of an employer must specify the wage offered and 
the other terms and conditions of employment by contractual agreement with the 
beneficiary or beneficiaries. The agent/employer must also provide an itinerary of 
definite employment and information on any other services planned for the period of 
time requested. 
(II) A person or company in the business as an agent may file the P petition involving 
multiple employers as the representative of both the employers and the beneficiary or 
beneficiaries if the supporting documentation includes a complete itinerary of 
services of engagements. The itinerary shall specify the dates of each service or 
engagement, the names and addresses of the actual employers, the names and 
addresses of the establishment, venues or locations where the services will be 
performed. In questionable cases, a contract between the employer(s) and the 
beneficiary or beneficiaries may be required. The burden is on the agent to explain 
the terms and conditions of the employment and to provide any required 
documentation. 
II. The petitioner's role as U.S. employer or agent 
The sole issue addressed by the director is whether the petitioner established that it is a qualifying United States 
employer or agent. The petitioner stated on Form 1-129 that it intends to compensate each beneficiary at a rate of 
$100 per week for ten hours of work. 
Where asked to explain the nature of the proposed event, the petitioner stated that the beneficiaries will: 
Perform workshops, recitals and hold training classes. Dance drama performances of Nupur 
Dance Academy in October and November 2009 [sic]. Instrumental and vocal accompaniment 
with dance. Travel back and forth from India to USA (if needed). 
The petitioner further described the beneficiaries' proposed duties on the Form 1-129 as follows: 
Perform Vocal (Hard Classical) Recitals. Accompany live in dance classes at Nupur Dance 
Academy. Teach classes and accompany dancers via vocal and instrumental accompaniment. 
Travel within the US as needed. 
In a letter dated January 2, 2010, the petitioner further discussed the beneficiaries' proposed activities as follows: 
Nupur Dance Academy has two major dance performances in September and October of this 
year. We are starting to have graduations (Arpana's) of our students in the 1st half of the year. 
These are performances in large venues. All artists (4 all together) in the petitions mentioned 
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above will be needed for vocal and instrumental support. The... artists from India and the 
Nupur Dance Academy Troupe will go to other cities in the United States to perform. 
The petitioner submitted a contract summarizing the terms of its oral agreement with the beneficiaries, which 
states: 
I) 
2) 
3) 
4) 
5) 
6) 
7) 
Travel to USA on their budget 
Performance within United States - No involvement of Nupur Dance Academy. Proceeds 
go directly to [the beneficiaries] only. No commissions to Nupur Dance Academy. 
Free room and board in Torrance, CA. 
For Dance accompaniment and workshops in Torrance, CA - Compensation at the rate of 
$100.00/week for 10 hours a week work. ... 
Transportation within greater Los Angeles area provided by Nupur Dance Academy 
International and domestic Telephone services provided by Nupur Dance Academy while in 
the greater Los Angeles area. 
Health and insurance expenses if incurred deducted from salary .... 
The petitioner submitted an itinerary for the beneficiaries which included the following events, workshops and 
performances: 
July 12 to August 2, 2010 Workshop on Ghazals, Vocal Classical Music and Santoor, 
Torrance CA 
August 9 to September 17, 2010 Various performances and work with other teachers in Los 
Angeles, CA 
August 21,2010 Arpana - Ayuja Dixit, Redondo Beach Center of Performing 
Arts 
September 25 to October 8, 2010 Practice and Dance Drama Performance on 10/9/2010, 
Performing Arts Center, Long Beach, CA 
October 18-24,2010 Workshop on Tabla, Torrance, CA 
November 1-20,2010 Practice and Dance Drama Performance on 11120/2009, 
Performing Arts Center, Bel Air, CA 
November 29 to December 18 Their own programs (Texas, Pennsylvania, New York, New 
Jersey, North Carolina, South Carolina) 
December 27 to March 1,2011 Back to India 
March 4 to May 22, 2011 Various Nupur Dance Academy Programs and NDA Student 
Arpanas - Torrance, Los Angeles, Massachusetts, Indiana, 
Michigan and Illinois. 
The director issued a request for additional evidence ("RFE") on January 20, 2010. The director instructed the 
petitioner to: (1) explain what the petitioner's relationship with the beneficiaries will be (sole employer agent or 
employer and agent): (2) provide a detailed explanation of the nature of all events or activities; (3) Provide a copy 
of the petitioner's contractual agreement with the beneficiaries explaining the wage offered and other specific 
terms and conditions of employment; (4) provide contractual agreements between the beneficiaries and each of 
the employers for each event; and (5) provide a complete itinerary of the events. 
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In a response dated Februaty 27,2010, the petitioner stated: 
Nothing has changed from previous year(s) petitions. We are still the employer of these unique 
performers, however, per our contract terms of agreement they are allowed to perform for other 
organizations without our financial involvement, although we act [as] their agents. 
With respect to the itineraty of events, the petitioner stated that it was submitted a modified itineraty, as some 
events were awaiting finalization at the time the petition was filed. The petitioner further indicated: 
~ teach classes on vocal and instruments (Santoor and Tabla) _ 
_ ; at the NDA Studio in T CA at 
(not owned by _ (not owned 
An-Ar"" $100.00 a week each. For theater and stage performances 
they will be offered $1000.00 each. 
• For their performances in Macungie, PA they will be offered $200.00 for practice and $1000.00 
for the actual performance in November by Hindustani Music Academy. 
The petitioner noted that it serves as an agent for any "exterior performances," and assists in decision-making 
regarding when and where the beneficiaries are able to perform. 
The revised itineraty specifies that the only "exterior performance" to be undertaken by the beneficiaries would be 
from November 1 to November 27, 2010, which includes rehearsals and two performances in Macungie, 
Pennsylvania for the Hindustani Music Academy. The petitioner submitted a flyer advertising this event, as well 
as a copy of the beneficiaries' contract with Hindustani Music Academy. All other events listed on the itineraty 
appear to involve teaching workshops for the petitioner, rehearsals with the petitioner's students for major 
performances, and performances in and around Torrance, California on behalf of the petitioner's school. The 
petitioner submitted available advertisements for workshops and performances, including an advertisement 
indicating that the petitioner offers its workshops at the premises of NDM Bollywood Dance Productions and 
Studios, Inc. in Artesia, California. 
The director denied the petition on March 15, 2010, concluding that the petitioner failed to establish that it is the 
beneficiaries' sole employer or that it has, alternatively, fulfilled the requirements to act as an agent for the 
beneficiaries. Specifically, the director noted that the petitioner "has not submitted an itineraty of definite 
employment, and it has not submitted contracts between all of the actual employers and the beneficiaries for all 
events and performances." 
On appeal, the petitioner asserts that it will serve as the beneficiaries' employer in the United States for the 
requested period of employment. The petitioner submits additional evidence to clarifY that it rents studio space at 
two other dance studios in Southern California to offer its own music and dance studios and that the beneficiaries 
will not actually be employed by these studios. The petitioner emphasizes that it provided a contract between the 
beneficiaries and Hindustani Music Academy, and that the beneficiaries will have no other employment other 
than what is specified on the itineraty provided in response to the RFE. 
The petitioner further asserts that, with the exception of the beneficiaries' performance for Hindustani Music 
Academy, all events listed on the itineraty are conducted by the petitioner's Indian music and dance school. The 
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petitioner asserts that "it is an oral contractual understanding between [the beneficiaries] and [the petitioner] that 
these artists are not allowed to work anywhere without the explicit permission of [the petitioner] and in events not 
mentioned in the itinerary provided to your office." 
Upon review, the AAO concurs with the petitioner that the evidence submitted establishes that the petitioner will 
serve as the beneficiaries' employer. The summary of the terms of the beneficiary's agreement with the petitioner 
and the more complete itinerary indicate that the beneficiaries will be paid by the petitioner for teaching 
workshops and participating in performances with the petitioner. While such activities will take place at multiple 
locations, including the petitioner's dance studios, other dance studios rented by the petitioner, and in performing 
arts centers, the AAO is satisfied that all such activities are conducted for the benefit of the petitioner. It appears 
that the director observed the multiple locations listed in the itinerary and concluded that there would be 
additional employers. However, the director did not determine that the petitioner would not employ the 
beneficiaries in any capacity, nor did the director cite any other objections to the approval of the petition. As such, 
the director's refusal to grant the beneficiaries' P-3 classification for any length of time was unwarranted. 
The remaining question is whether the beneficiaries' performance scheduled for November 2010 in Pennsylvania 
may be authorized. The petitioner states that it is acting as the beneficiaries' agent for the purposes of one 
performance for the Hindustani Music Academy. Applying the regulations at 8 C.F.R. § 214.2(p)(2)(iv)(E)(2), 
the petitioner is required to submit an itinerary which shall specify the dates of each service or engagement, the 
names and addresses of the actual employers, the names and addresses of the establishment, venues or 
locations where the services will be performed, and a contract between the employer(s) and the beneficiary or 
beneficiaries. The burden is on the agent to explain the terms and conditions of the employment. The 
petitioner has complied with these requirements with respect to the beneficiaries' performance for the 
Hindustani Music Academy. As all other events and performances scheduled are for the petitioning 
organization, and as there are no additional grounds for denial of the petition, the petition will be approved for 
the period of time requested by the petitioner. 
m. Conclusion 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has been met. Accordingly, the AAO 
will withdraw the director's decision and approve the petition. 
ORDER: The appeal is sustained.