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P M I C COPY U.S. Department of IIorneland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration PmICCOPY 82 IN RE: 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. 8 1153(b)(l)(A) ON BEHALF OF PETITIONER: 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 office. U bert P. Wiemann, Chief Appeals Office DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks classification as an "alien of extraordinary ability" in the arts, pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. On appeal, counsel submits a brief and evidence, most of which was already part of the record. For the reasons discussed below, the petitioner has not overcome the director's valid concerns. 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 the area of extraordinary ability, and (iii) the alien's entry into the United States will substantially benefit prospectively the United States. Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (Nov. 29, 1991). As used in this section, the term "extraordinary 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(h)(2). The specific requirements for supporting documents to establish that an alien has sustained national or international acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. fj 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the petitioner must show that he has sustained national or international acclaim at the very top level. Page 3 This petition seeks to classifj the petitioner as an alien with extraordinary ability in the field of Filipino folk music. He is the founder of a Filipino folk dance troupe in the Philippines. As evidence of his intent to continue in his field, he submits letters from small associations expressing their appreciation for providing dance workshops or invitations to provide workshops. The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or international acclaim through evidence of a one-time achievement (that is, a major, international recognized award). On appeal, counsel asserts that the director erred in concluding that the petitioner did not have a one-time achievement although the petitioner has never previously claimed such an achievement. Congress' example of a one-time achievement is a Nobel Prize. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). The regulation is consistent with this legislative history, stating that a one-time achievement must be a major, internationally recognized award. 8 C.F.R. 5 204.5(h)(3). Significantly, even a lesser internationally recognized award could only serve to meet one of the ten regulatory criteria, of which an alien must meet at least three. 8 C.F.R. 5 204.5(h)(3)(i). The selection of Nobel Laureates, the example provided by Congress, is reported in the top media internationally regardless of the nationality of the awardees and the prize itself is global, is a familiar name to the public at large and includes a large cash prize. While an internationally recognized award could conceivably constitute a one-time achievement without meeting all of those elements, it is clear fiom the example provided by Congress that the award must be internationally recognized in the alien's field as one of the top awards in that field. We will not narrow the petitioner's field to Filipino folk music for purposes of considering whether the petitioner has a major internationally recognized award. Rather, in order to demonstrate a one-time achievement, the petitioner must demonstrate that he has won an award open to members of the field worldwide and recognized internationally at least in the field of dance. As will be discussed in detail below, the petitioner's "awards" are all either regional certificates of merit, institutional expressions of appreciation, a scholarship or government grants issued to the dance troupe founded by the petitioner. As they cannot even be considered lesser nationally or internationally recognized awards, they clearly cannot serve as evidence of a one-time achievement. Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. The petitioner has submitted evidence that, he claims, meets the following criteria.' Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. I The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. The director concluded that the petitioner's "awards" consisted of certificates of appreciation for participation rather than as recognition for excellence in the field, honors conferred by local or regional organizations and a scholarship to attend a class on hnding the arts. On appeal, counsel asserts that the definition of "prize" in Black's Law Dictionary encompasses certificates of appreciation and that even individuals of extraordinary ability continue to sharpen their skills such that scholarships should be considered under this criterion. Counsel is not persuasive. The regulation at 8 C.F.R. 8 204.5(h)(3)(i) does not merely require evidence of prizes or awards, but prizes or awards for excellence in theJield of endeavor. The phrase "prizes or awards for excellence" is not open to wide interpretation. Rather, a prize or award for excellence is principally designed to recognize past achievement and is not generally contingent on hture employment or educationltraining commitments. The petitioner submitted a certificate of participation in a course on f'unding the arts from the Institute for Cultural and Arts Management (ICAM) in the Philippines and a letter from ICAM advising that the petitioner had been accepted as a "scholar" in the program entitling him to free airfare and tuition, We note that the regulation at 8 C.F.R. 5 204.5(k)(3)(ii)(A) relating to aliens of exceptional ability, a lesser classification than the one sought, allows for the submission of certificates from an institution of learning. Such certificates, while they may be indicative of a degree of expertise significantly above that ordinarily encountered in the field (the standard for aliens of exceptional ability), do not rise to the level of establishing extraordinary ability, defined as sustained national or international acclaim. We concur with the director that evidence of participation in coursework cannot be considered a prize or award for excellence. Finally, the record contains no evidence that ICAM selected the petitioner as a "scholar" for a funding the arts course based on his excellence as a musician, his claimed field of expertise. Thus, while we concur with the director that a scholarship is not a qualifying prize or award indicative of sustained national or international acclaim, we further note that there is no evidence that the petitioner's scholarship was issued in recognition of his excellence in the field of music. The petitioner also submitted the following "certificates" of recognition (two appear on company letterhead rather than formal certificate stationary): 1. A certificate of recognition and appreciation for sharing his time, skills and efforts with the Filipino-American youth in the Chicago area from the President of Red Carpet Productions, 2. A certificate of recognition for promoting Filipino culture from the Filipino-American youth group in the Chicago area, Samahang Kapatid, 3. A certificate of recognition for promoting Filipino culture from the Filipino American Council of Greater Chicago, Page 5 4. A certificate of recognition for outstanding and valuable contributions at a performance from the Center for Immigrant Resources and Community Arts in Chicago and 5. A 1999 certificate of recognition from the E. Rodriguez Jr. High School for outstanding and skillhl rendition of music which contributed to the Kalinigan Dance Troupe's third place finish in a high school competition in Turkey. The first four certificates were issued by local Chicago entities and cannot be considered nationally or internationally recognized. Moreover, they express recognition and appreciation rather than recognition for excellence in comparison with other musicians.
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