U.S. Citizenship and Immigration Services

MATTER OF G-2T-A-, INC.

Non-Precedent Decision of the Administrative Appeals Office

DATE: JUNE 21, 2017

APPEAL OF CALIFORNIA SERVICE CENTER DECISION

PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER

The Petitioner, a talent agency, seeks to represent the Beneficiary during her temporary employment in the United States as a hip-hop/street jazz dancer and instructor. To do so, the Petitioner seeks to classify her as an 0-1 ~onimmigrant, a visa classification available to foreign nationals who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. See Immigration and Nationality Act (the Act) section 101(a)(15)(0)(i), 8 U.S.C. § 1101(a)(15)(0)(i).

The Director of the California Service Center denied the petition, concluding that the Petitioner did not satisfy, as required, the evidentiary criteria applicable to individuals of extraordinary ability in the arts, either a significant national or international award or at least three of six possible forms of documentation. 8 C.F.R. § 214.2(o)(3)(iv)(A)-(B).

On appeal, the Petitioner submits additional evidence, avers that the Director did not properly consider the record, and maintains that the evidence satisfies the regulatory requirements.

Upon de novo review, we will dismiss the appeal.

I. LAW

As relevant here, section 101(a)(15)(0)(i) ofthe Act establishes 0-1 classification for an individual who has extraordinary ability in the sciences, arts, education, business, or athletics which 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. Department of Homeland Security (DHS) regulations define "extraordinary ability in the field of arts" as "distinction," and "distinction" as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well­known in the field of arts." 8 C.F.R. § 214.2(o)(3)(ii).

Next, DHS regulations set forth alternative evidentiary criteria for establishing a beneficiary's sustained acclaim and the recognition of achievements. A petitioner may submit evidence either of nomination for or receipt of "significant national or international awards or prizes" such as "an

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Matter ofG-2T-A-, Inc.

Academy Award, an Emmy, a Grammy, or a Director's Guild Award," or of at least three of six listed categories of documents. 8 C.F.R. § 214.2(o)(3)(iv)(A)-(B). If the petitioner demonstrates that the listed criteria do not readily apply to the beneficiary's occupation, it may submit comparable evidence to establish eligibility. 8 C.F.R. § 214.2( o )(iv)(C). When a petitioner provides the requisite evidence, we then determine whether the record, viewed in its totality, shows sustained national or international acclaim such that the individual is prominent in the field of endeavor. 1

II. ANALYSIS

A. Evidentiary Criteria

The Director determined that the Petitioner satisfied only two of the evidentiary criteria: 8 C.F.R. § 214.2(o)(3)(iv)(B)(l) (performing as a lead or starring participant in distinguished productions or events) and 8 C.F.R. § 214.2(o)(3)(iv)(B)(5) (significant recognition for achievements from experts in the field). On appeal, the Petitioner maintains that it has provided evidence of a significant national or international award in satisfaction of 8 C.F.R. § 214.2(o)(3)(iv)(A) and that it has also met the criterion at 8 C.F.R. § 214.2(o)(3)(iv)(B)(2) (published material).2 As discussed below, we conclude that the record does not satisfy any of the claimed criteria at 8 C.F.R. § 214.2(o)(3)(iv)(A)­(B).

1. Receipt of a Significant National or Inte'rnational Award or Prize

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. 8 C.F.R. § 214.2(o)(3)(iv)(A).

If the Petitioner establishes the Beneficiary's eligibility under this criterion, then it will have submitted the requisite initial evidence for 0-1 classification. The Petitioner maintains that the Beneficiary meets this criterion based upon her having won award, which it describes as being "of significance nationally and internationally" in the dance field. The Petitioner provided materials about from its website and also submitted several recommendation letters. Upon review, we agree with the Director's determination that the record does not meet the requirements of this criterion.

The record shows that since a young age the Beneficiary has participated in touring dance conventions in the United States and Canada, at which she took part in classes, seminars, auditions,

1 While not at issue here, the regulations contain additional evidentiary requirements for 0 foreign nationals, including documentation relating to the terms of the proposed employment and the nature of the activities and events in which the beneficiary will participate. 8 C.F.R. § 214.2(o)(2)(ii). 2 The Petitioner does not contest the decision of the Director that it has not claimed that it satisfies the criteria at 8 C.F.R. § 214.2(o)(3)(iv)(B)(J), (4), or (6). Accordingly, we will not address these criteria in the decision.

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and performances. Those dance conventions include and

The material from · website confirms that at age 14 the Beneficiary was selected as a and describes the award as "the highest form of scholarship" offered by the organization. The website explains that 12 dancers are chosen annually to travel the country participating in its tour "as assistants for our amazing faculty." It claims that past award winners "can been seen dancing and working on today's hit TV shows, movie sets, and hottest recording artists' tours," and lists previous award winners and the achievements of several of them in the dance field. The record contains articles about several award winners from various websites showing that they have gone on to successful dance careers.

The Petitioner has not offered sufficient evidence of recognition for her award to demonstrate that its significance is analogous to an Academy Award, an Emmy, a Grammy, or a Director's quild Award, the examples provided in the regulation. To establish sufficient recognition, a petitioner should present evidence of the awareness of the accolade at a national or international level, such as by showing national or internatiomil-level media coverage. While the Petitioner provided general information about the competition from website, such as the number of such scholarships awarded, it did not submit corroboration showing that recipients of the preceding honor were announced in major media or in some other manner consistent with a significant national or international award. For instance, the winners and nominees of Emmy and Grammy awards receive significant media attention as the result of their recognition, and the awards themselves are considered among the highest achievements attainable in the performing arts.

Several of the submitted testimonial letters praise the Beneficiary's achievement in receiving the _ award. A letter from , CEO of ., the

company that runs and presents the awards, describes the Beneficiary as a qualified and deserving recipient based on her being "[n]ot only ... phenomenal on the dance floor in talent, but a kind and respectable leader to all." Additional letters from the Petitioner's creative director and a instructor, and dancer - . a participant in ·

, praise the Beneficiary's achievement. The letters, however, do not detail the level of recognition associated with this accomplishment, or indicate that her achievement in winning the award received attention consistent with a significant national or international award.

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Further, while there is some evidence of media interest in the Beneficiary's accomplishments, the record does not show that such media coverage was at the national or international level. The Petitioner provided articles that mention the Beneficiary's participation in and her receipt of award, published in the Canadian media sources the

and for which it has not established national circulation. 3 As the Petitioner has not demonstrated the prominence of the and it thus has not confirmed that the award is nationally or internationally recognized.

3 We examine this evidence in more detail below in our discussion of the criterion at 8 C.F.R. § 214.2(o)(3)(iii)(B)(2).

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Matter ofG-2T-A-, Inc.

2. Alternative Criteria

The Petitioner alternately seeks to demonstrate the Beneficiary's sustained accla.im and recognition of achievements through evidence corresponding to at least three of the six regulatory criteria at 8 C.F.R. § 214.2(o)(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, contracts, or endorsements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(J).

The Director determined that the Petitioner met this criterion. For the reasons outlined below, however, we conclude that the Petitioner has not established that the evidence meets this criterion and we will withdraw the Director's finding on this issue.

The Petitioner maintains that the Beneficiary satisfies this criterion by her dance roles in several TV and film productions, as follows:

• Backing dancer for on the song' Awards (2013)

• Dancer in finale of . • Dancer at • Backing dancer for the band

Awards (2015) • Dancer in the opening ceremonies of the • Guest dancer for on the song ' • Dancer in the opening ceremonies of the

(2016)

(2014) (2014)

on the song"

featuring ' (2016)

featuring

'at the

at the

(2015)

• in the film in , I (2016) • Dancing in the TV miniseries ~2016)

The Beneficiary's record also indicates the following stage roles in productions for the touring dance conventions and as follows:

• Dancer in the intensive piece by at the • Dancer in the intensive piece by at the • Dancer in the intensive piece by • Performing in the Fashion Shows (2012) • Dancer in the intensive piece by · at the • Dancer in piece by at the • Dancer in p1ece . by ·

(2012) • Dancer performing a piece by m

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(2009) (2010)

at the (2011)

(2012) (2012)

at the

(2013)

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Matter ofG-2T-A-, Inc.

• Company member, • Dancer in the

tour (2013-2014) production . (2014)

The Beneficiary's participation in the above events was documented through video footage and photographs of some of her performances, materials from the conventions' websites, a crew call sheet for the miniseries and a timesheet for the movie Upon review, those exhibits confirm that the Beneficiary was one of several background dancers featured in those productions, or performed in ensemble parts that do not rise to the level of a lead or starring role within the scope of the productions.

The Petitioner also provided articles that mention some of the Beneficiary's above-mentioned dance roles, published in the Canadian media sources the and The articles do not establish that the Beneficiary's role was lead or starring in those productions. The article ' _ ," indicated that she was "one of the brightly coloured dancers" who performed with the band at the A wards. The piece " ' stated that the Beneficiary "and a team of female dancers" wo~ld perform at the finale of The article ' relates that she was one of 25 backup dancers that performed with at the

Awards.

The Petitioner further submitted numerous testimonial letters from persons who were personally involved in the stage productions for and 4 While the authors confirm that the Beneficiary was one of several dancers performing in those productions, they do not show that her role was leading or starring. ; and both choreographers whose work the Beneficiary performed, describe her as "profoundly gifted," "passionate," and "incredibly talented," but do not indicate her role in their productions was as a lead or starring dancer. and of praise the Beneficiary's work as a cast member in their show but they do not identify what role she danced or whether it was a lead or starring part. Materials from the website reflect that she was one of several cast members and, therefore, are not sufficient to distinguish her role as lead or starring within that production. Further, the record also does not contain critical reviews, advertisements, publicity releases, publications, or other evidence showing that the stage productions of those dance conventions have a distinguished reputation in the field.

Next, in order to meet this criterion, the Petitioner must establish that the Beneficiary will perform services as a lead or 'starring participant in productions or events which have a distinguished reputation upon approval of the petition. The submitted itinerary lists events in the United States and Canada for three employers, and , 6 both of and of the the Beneficiary's former teacher.

4 While we discuss only a sampling of the submitted letters, we have reviewed and considered each one. 5 Mr. is also the Petitioner's creative director. 6 We note that Mr. reference letter is on the Petitioner's letterhead.

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Matter ofG-2T-A-, Inc.

Deal memos with those employers indicate that the Beneficiary will perform services for as a dancer/assistant teacher/choreographer, and for the as

a Hip Hop teacher/choreographer. The Petitioner has not offered evidence that would distinguish the Beneficiary's proposed dancing role as lead or starring within the employers' upcoming productions.

Further, the Petitioner has not established that the Beneficiary meets this criterion through her work as a dance instructor, by submitting evidence that she held a teaching position that constituted a leading role at distinguished productions or events. The record contains a contractor agreement indicating that between 2014 and 2015 the Beneficiary worked as a dance teacher with

Although the Petitioner's initial letter claimed the Beneficiary instructed that company's "elite" dancers, the contractor agreement does not indicate at what level she taught for this employer or describe how she was involved with its productions or events. In addition, several of the · testimonial letters refer to the Beneficiary's past duties as an assistant instructor. Mr. stated that as an she would "assist my advance[ d] classes." Mr. explained she was "assisting Faculty on stage in demonstrating and leading the dance and choreography." Other letters indicated that she has volunteered as an assistant to many established choreographers. While the authors acknowledge the Beneficiary's talent and professionalism, none of them identify a leading role that she played with respect to a specific event or production, and it is not clear at what level she taught for those other employers.

Finally, the Petitioner has not established that her prospective role as an instructor would be leading for productions or events that have a distinguished reputation. It has not specified at which level the Beneficiary would teach, and also has not submitted critical reviews, advertisements, publicity releases, publications, or other evidence to establish that the upcoming events have a distinguished reputation. Based on the foregoing, the submitted evidence 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 other publications. 8 C.F.R. § 214.2(o)(3)(iv)(B)(2).

To meet this criterion, the Petitioner cites published material about the Beneficiary's dancing career published in the Canadian media sources the and The Director determined, and we agree, that the record does not contain probative evidence showing that the submitted articles appeared in major media. 7 On appeal, the Petitioner submits material from

showing that it is a weekly publication described as a "local community newspaper" delivered to residents of the and Ontario, with a circulation of approximately 50,000. The materials pertaining to the show that it is a daily newspaper distributed to the and with a circulation of approximately 20,000.

7 To qualify as major media, the publication should have significant national or international distribution. Some newspapers, such as the New York Times, nominally serve a particular locality but would qualify as major media because of significant national distribution, unlike small local community papers.

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Matter ofG-2T-A-, Inc.

The submitted circulation and distribution data indicates that these publications are local publications, and not major media. 8

Evidence that the alien has received sign(ficant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(5).

As noted above, the Petitioner submitted numerous testimonial letters in support of the petition. The Director determined, without discussion, that the Petitioner met this criterion. We find, however, that the submitted testimonials and other documentary evidence do not satisfy this criterion, and we will withdraw the Director's favorable determination on this issue.

The letters primarily discuss the Beneficiary's innate talent, work ethic, personal traits, and artistry rather than her achievements as a hip-hop/street jazz dancer. While some letters did address her specific achievements, such as her participation in productions of·

and her performances as a back-up dancer for and they do not explain how the Beneficiary's achievements to date have

received significant recognition from organizations, critics, government agencies or other recognized experts in the field. 9

United States Citizenship and Immigration Services (USCIS) 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'r. 1988). However, USCIS is ultimately responsible for making the final determination regarding a foreign national's eligibility for the benefit sought. The submission of letters from experts supporting the petition is not presumptive evidence of eligibility; USCIS may evaluate the content of those letters as to whether they support the foreign national's eligibility. USCIS may give less weight to an opinion that is not corroborated, or in accord with other information. Furthermore, merely repeating the language of the statute or regulations does not satisfy the petitioner's burden of proof. Fedin Bros. Co., Ltd. v. Sava, 724 F. Supp. at 1108.

Further, although many of the testimonials mention the Beneficiary's receipt of the award for 2011/2012, as discussed above, the Petitioner has not corroborated the scope and

significance of this competition in the field of dancing. It is the Petitioner's burden to establish the recognition that accrues from an award. The testimonial letters do not meet this burden, nor has the Petitioner provided other documentation, such as press coverage evidencing "significant recognition for achievements from organizations in the field," pursuant to the plain language of the criterion. Overall,

8 The Petitioner has not claimed, or provided evidence, showing that the articles appeared in other major media, such as trade publications or magazines. 9

We also note that all of the letters submitted are from the Beneficiary's own current and former teachers, colleagues, and employers, and, therefore, do not demonstrate significant recognition outside of that circle.

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while the Beneficiary has earned the respect of her colleagues and teachers in the dance field, the exhibits are insufficient to demonstrate that she has received significant recognition for achievements in the field.

B. Intent to Continue to Work in the Area of Extraordinary Ability in the United States

According to deal memos between the Beneficiary and her intended employers, she will perform services not only as a dancer, but also as a teacher and choreographer. However, as the Petitioner has not established the Beneficiary's extraordinary ability, we need not analyze whether these proposed roles qualify as continuing to work in the area of extraordinary ability, as required under section 101(a)(l5)(0)(i) ofthe Act and 8 C.F.R. § 214.2(o)(1)(ii)(A)(l).

III. CONCLUSION

For the reasons discussed above, the Petitioner has not established that the Beneficiary is eligible for the 0-1 visa classification as a foreign national with extraordinary ability in the arts.

ORDER: The appeal is dismissed.

Cite as Matter ofG-2T-A-, Inc., ID# 355641 (AAO June 21, 2017)

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