MATTER OF F-E-, LLC

APPEAL OF VERMONT SERVICE CENTER DECISION

Non-Precedent Decision of the Administrative Appeals Office

DATE: JAN. I L 2018

PETITION: FORM I-129, PETrriON FOR A NONIMMIGRANT WORKER

The Petitioner, a business engaged in promoting musical productions, seeks to classify the Beneficiaries as performing artists in a culturally unique program. S'ee Immigration and Nationality Act (the Act) § 101(a)(l5)(P)(iii). 8 U.S.C. § 1101(a)(15)(P)(iii). This P-3 classification makes visas available to foreign nationals who perform, teach, or coach as artists or entertainers, individually or as part of a group, under a culturally unique program.

The Director of the Vermont Service Center denied the petition. concluding that the record did not establish, as required, that the Beneficiaries' performances are culturally unique and that their proposed ones in the United States would be culturally unique events.

On appeal, the Petitioner asserts that it has demonstrated the Beneficiaries' eligibility for the requested classification. In November 2017, we issued a notice of intent to dismiss (NOlO) the appeal. The Petitioner did not respond within the prescribed period.

Upon de novo review, we will dismiss the appeal.

I. LAW

Section 101 (a)(IS)(P)(iii) of the Act provides for classification of a foreign national having a foreign residence which the foreign national has no intention of abandoning who performs individually or as a group and seeks to enter the United States temporarily solely to participate in a program that is culturally unique.

The regulation at 8 C.F.R. § 214.2(p)(6)(i) expands on the statute as follows:

(A) A P-3 classification may be accorded to artists or entertainers, individually or as a group, coming to the United States tor the purpose of developing, interpreting, representing. coaching, or teaching a unique or traditional ethnic. folk. cultural. musical, theatrical, or artistic performance or presentation.

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Matter of F-E-, LLC

(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 )(3) provides, in pertinent pa11:

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)(6)(ii) also states that a petition tor P-3 classitication 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, we have held that, "truth is to be determined not by the quantity of evidence alone but by its quality." Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). That decision explains that , pursuant to the preponderance of the evidence standard, we "must examine each piece of evidence for relevance, probative value, and credibility, both individually and within the context of the totality of the evidence, to determine whether the fact to be proven is probably true." /d.

II. ANALYSIS

The Petitioner promotes musical productions and seeks to hire the Beneficiaries, members of a band. to perform at clubs. The Petitioner initially characterized the group as fusing "Nigerian music and the Western world's popular rapper/hip hop genres." The compact disc for describes the second track as a hip hop mix .

At issue are whether the Petitioner included the requisite evidence demonstrating that the Beneficiaries' performances are culturally unique and whether it established that all of the perfom1ances or presentations will be culturally unique events. For the reasons discussed below. the Petitioner has not met these requirements.

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A. Discrepancies

In our NOlO, we advised the Petitioner about certain discrepancies. First, to satisfy 8 C.F.R. § 214.2(p)(6)(ii)(A), the Petitioner supplied several letters, including ones from

of ofthe and director of culture for Ministry of Culture and Tourism in Nigeria. We informed the Petitioner that we were unable to verify that and have relevant expertise. indicates that she is the dean of the faculty of arts at her university. The university's website, however, lists her as the head of the Demography and Statistics Department. identifies himself as the head of his university's arts department. The website, however, does not mention when discussing their department of performing arts. While the website does mention an he is a member of the management science faculty who has authored articles in business administration journals. Finally, while the U.S. consulate in confirmed that holds the listed position, he did not respond to attempts to contact him by representatives from U.S. Citizenship and Immigration Services (USCIS).

Second, to satisfy 8 C.F.R. § 214.2(p)(6)(ii)(B), the Petitioner offered what appears to be a 2014 cover story in magazine. We notified the Petitioner that we were unable to locate that cover online and that the magazine covers we did locate from both before and after 2014 have a different look. Therefore, in accordance with 8 C.F.R. § 103.2(b)(5), we requested the original document for review. Third, while the Petitioner provided an award from the record lacked corroboration of the existence of the award or the issuing organization. We notified the Petitioner that it must resolve these inconsistencies with independent, objective evidence pointing to where the truth lies. Malter ql Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). As the Petitioner did not respond to our notice, it has not addressed any of these irregularities. Unresolved material discrepancies may lead us to reevaluate the reliability and sufficiency of other evidence submitted in support of the requested immigration benefit. !d.

B. Artist or Entertainer in Culturally Unique Program

The regulation at 8 C.F.R. § 214.2(p)(6)(ii) requires that the Petitioner show that the Beneficiaries' performance or art form is culturally unique either through the submission of atlidavits, testimonials. and letters, or through published reviews of the Beneficiaries' work or other published materials. Regardless of which form of evidence is offered, it must establish that the Beneficiaries· group presents. performs. teaches, or coaches 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.

1. Affidavits, Testimonials, or Letters from Recognized Experts

The Petitioner relies on Matter (~(' Skirball Cultural Center. 25 I&N Dec. 799. 805 (AAO 2012) (holding that the weight and quality of the evidence confirms whether or not the artistic expression is "culturally unique.'') In that case, we found sufficient scholars' letters explaining in detail how Klezmer

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music in general is the music of an ethnic group of people, and how the Argentine version, which combines Eastern European roots with native Argentine culture, produces a unique Jewish Argentine music. !d. at 802-03. The letters in that case discussed the beneficiaries· band specitically and how the band itself was culturally unique. While the group in that matter fused different elements, their music was ·'first and foremost, Jewish klezmer music." Jd. at 805. The decision further noted that there existed "a musical movement in Argentina that fuses Argentine styles with influences from Jewish music and other Eastern European styles." !d. at 806.

While the Petitioner submitted several letters, it has not demonstrated that the authors are recognized experts who have clarified how the Beneficiaries' performances are culturally unique, especially the three letters mentioned in our 1\0ID. confirms that the lead Beneficiary is ·'very unique," and references his "outstanding Yoruba lyrics" that promote ' 'the Yoruba culture and tradition." In a later letter she re-affirms that the content of her first one applies both to the leader and ''his marvelous traditional band." She also maintains that the members of the band promote indigenous dance steps and include drum samples that depict core Yoruba cultural values. praises the performances of the Beneficiaries and affinns that, in 2013, the leader received a

award. He characterizes the leader' s dress as traditional. As discussed above. however. we were unable to confirm that either author has an expertise in the arts. Finally, describes the group's leader as a rising and gifted musician who has collaborated with African hip hop artists and predicts that his U.S. performances will introduce Yoruba culture. separate letter, however. indicated that his 0\\<11 background is in history and literature. Moreover. he did not respond to inquiries about the Beneficiaries from an overseas investigator.

The record does contain additional letters, but they are insufficient. a legal representative, states that he has known the group's leader for 12 years and praises his character.

does not profess any expe11ise in the arts or explain how the group is culturally unique. Other letters, while making general attestations relating to African culture, provide insufficient detail.

acting president of the praises the lead performer's "outstanding performance" which promotes African culture. national president, ofNigeria, describes the leader's style of music as "unique based on his unique melodious voice and traditional manner of dressing which attractfs] numerous audiencc[s] wherever he performs."' Without more specifications, these letters do not demonstrate that the Beneficiaries' performances are culturally unique .

Finally, we acknowledge that the Petitioner provided a "no oqjection" labor consultation letter from President of the stating that the

supporting documentation "clearly establishes that the performance in question by this/these Nigerian performer(s) meets the standards tor cultural uniqueness." While the letter satisfies the Petitioner's burden to supply a v.Titten consultation from a labor organization pursuant to 8 C.F.R. § 214.2(p)(2)(ii)(D), consultations are advisory and are not binding on USCIS. See 8 C.F.R. § 214.2(p)(7)(i)(D). Regardless, the fetter does not constitute a letter from an expert in Nigerian culture attesting to the authenticity of the Beneficiaries' skills in performing a unique or traditional art form .

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also does not explain how reached its conclusion based on the evidence submitted with the petition, some of which, as discussed above, we have been unable to authenticate.

Ultimately, the letters characterize the group leader as a performer who enjoys a following in Nigeria and abroad, employs Yoruba lyrics, and sometimes wears traditional dress (although not in the promotional flyers or compact disc covers submitted). The Beneficiaries as a group incorporate indigenous dance steps and drum samples. Although the letters generally suggested that there are cultural elements to the Beneficiaries' performance, the authors have either not established their credentials as recognized experts in this area or do not sufficiently detail how Beneficiaries· performances as a whole are culturally unique.

2. Documentation that the Performance is Culturally Unique

The regulation at 8 C.F.R. § 214.2(p)(6)(ii)(B) allows the Petitioner to offer documentation that the Beneficiaries' performance is culturally unique, as exemplified by reviews in newspapers, journals, or other published materials. The Petitioner's initial filing included a copy of an undated award received by the group leader from for '

' and for his ' The Petitioner also supplied what appears to be a cover story about the lead singer in magazine. As discussed above, the record contains no corroboration of the existence of this award and the entity that issued it or the original magazine, and we received no response to our request tor verification.

The Petitioner also provided a photograph of the lead Beneficiary's 2013 plaque for He received an additional award certificate in 2013 for from

in recognition of his "unique performance, Style, Outstanding Melodious Voice of Music to the Fans and loyalty to the Society at large for the past 3 years." Further, the record contains a photograph of him, not in traditional dress, singing at stadium in Nigeria in 2013. Finally, the Petitioner ofJered three additional articles about the leader from Nigerian publications. two of which have the same headline.

While the awards received by the leader and the photograph of him performing are relevant to his recognition, they do not demonstrate how the Beneficiaries' performances are culturally unique. The

described the music only as a · and while the award references a unique performance, it does not suggest that his performances are unique to a particular country, nation. society, class, ethnicity, religion, tribe, or other group of persons.

The two articles titled •· ' one of which does not list an author. provide the leader's own description of his music as ' and different from hip hop, but do not constitute independent assessments of his music style by music journalists. They also both indicate that he was collaborating with the rapper at the time. They do not clarify how the Beneficiaries performances are culturally unique. The third article,

contends generally that the lead Beneficiary's style is Atfocentric rather than hip hop, but offers no specific details as to how the Beneficiary's perfonnances are culturally unique.

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Unlike the published material in Skirball Cultural Center, 25 l&N Dec. at 803-04, none of the items in the matter before us specify how the skills the Beneficiaries will perform in the United States are culturally unique to Nigeria or other qualifying group. Nothing in ,'-,'kirball Cultural ('enter suggests that performing music in a foreign language is suflicient to establish that a performance is culturally unique. While the Beneficiaries' band may have a unique sound, the published mate1ials do not sufficiently corroborate that their performances are unique to a particular country. nation. society, class. ethnicity, religion. tribe, or other group of persons.

3. Evidence that the Performances or Presentations will be Culturally Unique Events

The Petitioner's initial tiling included promotional flyers for six of the Beneficiaries· upcoming performances at music or dance clubs. While a culturally unique group could perform at these venues, the flyers do not characterize the events as showcasing culturally unique performances, or otherwise demonstrate how the Beneficiaries' performances at the specified venues will be events culturally unique to Nigeria or a qualifying group of persons.

III. CONCLUSION

The Petitioner has not demonstrated with credible evidence that the Beneficiaries performances are unique to a particular country, nation, society, class, ethnicity. religion. tribe, or other group of persons or that the events where they will perform will be culturally unique.

ORDER: The appeal is dismissed.

Cite as Matter of F-E-. LLC, lD# 73083 (AAO Jan. II, 20 18)