MATTER OF F-A-D-S-

APPEAL OF VERMONT SERVICE CENTER DECISION

Non-Precedent Decision of the Administrative Appeals Office

DATE: OCT. 17,2017

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

The Petitioner, a franchised dance studio, seeks to temporarily employ the Beneficiary as a "Folk Dance Instructor/Adult Performer" in a culturally unique program. See Immigration and Nationality Act (the Act) section 101(a)(15)(P)(iii), 8 U.S.C. § 1101(a)(15)(P)(iii). The 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 Form I-129, Petition for a Nonimmigrant Worker, concluding that the record did not establish, as required, that the Beneficiary possesses culturally unique skills or that all his performances or presentations in the United States will be culturally unique events. See 8 C.F.R. § 214.2(p)(6)(ii)(A)-(C). ·

On appeal, the Petitioner maintains that the record establishes the authenticity of the Beneficiary's culturally unique skills and that all of his performances and presentations in the United States will be culturally unique.

Upon de novo review, we will dismiss the appeal.

I. LAW

Section 101(a)(l5)(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:

(I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the perfonnance of such a group, and

(II) seeks to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique ....

Matter of F-A-D-S-

The regulation at 8 C.F.R. § 214.2(p)(3) provides, in pertinent part:

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.

In addition, the regulation at 8 C.F.R. § 214.2(p)(6)(i) 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.

Moreover, 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 fonn 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.

II. ANALYSIS

The Petitioner seeks to employ the Beneficiary as a "Folk Dance Instructor/ Adult Performer'' for one year. The 0 and P Classifications Supplement to the petition indicates that he will perform with his students "at folk festivals and national competitions" and "present workshops on variety of folk dances (Latin, Cha-cha, Salsa, Russian, Moldavian, Romanian etc.) .... " Documents in the record show that the petitioning dance studio offers students of "all ages and abilities" dance lessons that include "ballroom, country, western, salsa, tango, waltz, and even nightclub dancing." Evidence confirms that the Beneficiary was a competitive dancer in ballroom and Latin dance, which comprises of 10 styles: waltz, Viennese waltz, tango, foxtrot, quickstep, samba, cha-cha-cha, rumba, paso doble, and jive. The

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record, as it stands, does not demonstrate the culture uniqueness of the Beneficiary's skills, or that all of his performances and presentations in the United States will be culturally unique events.

A. Affidavits, Testimonials, or Letters from Recognized Experts

As noted, the regulation at 8 C.F.R. § 214.2(p)(6)(ii)(A) allows a petitioner to submit affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the foreign national's skills in performing, presenting, coaching, or teaching the unique or traditional art form. The letters must give the credentials of the expert, including the basis of his or her knowledge of the foreign national's skills. Upon review, we find that the submitted letters do not attest with specificity to the "culturally unique" nature of the Beneficiary's skills.

Most of the reference letters discuss the Beneficiary's skills in performing and teaching ballroom and Latin dance. 1 For example, an executive national examiner and member of the

states that the Beneficiary is "highly trained in the highest levels of both 'International' Latin and 'International' Ballroom styles of dancing." a "world adjudicator" and a director and stockholder of the indicates that the Beneficiary has "successfully competed on and many prestigious in Standard and Latin Styles." a five-time

, provides that the Beneficiary has participated and won "many international and

in ballroom and Latin dance. Beneficiary's former dance partner), school that is associated with the

and is the three-time Other references, including (the

(a dance judge), (the director of an art (a vice

administrator of a and (the chair of the 2016 also confirm the Beneficiary's skills in ballroom and Latin dance.

According to documents in the record, ballroom and Latin dance styles originated from different parts of the world, including Europe, the United States, and Latin America. An article entitled

indicates that ballroom and Latin dance "has become popular in countries around the world and ballroom organizations can be found in locations such as, Austria, Serbia, Greece, Japan, and the Philippines, as well as a range of locations within the United States and England." The record illustrates that although ballroom and Latin dance originated from various parts of the world, these dance styles now incorporate diverse influences and are performed and taught worldwide.

While the letters in the record confirm the Beneficiary's skills in ballroom and Latin dance, they do not detail how these specific dance styles, as performed and taught by him, are "unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.'' See 8 C.F.R. § 214.2(p)(3). Additionally, they do not point to any evidence in the record that

1 We have reviewed all documents and reference letters in the record, even if not specifically addressed in this decision.

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supports a finding that the Beneficiary's skills in these styles, which are performed and taught by dancers worldwide, are culturally unique.

In addition to ballroom and Latin dance, the record shows that the Beneficiary has taught and performed folk dance and European character dance. For example, the head of the sports dance club in Moldova, states that the Beneficiary offered his "professional opinion about the choreographic level of [a] folk dance group, unity of movement, expression of the nature and structure of folk dance." the president of the petitioning dance studio, provides that the Beneficiary "has taught folk and European character dancing in Moldova.'' He explains that "[f]olk dance is generally ... a type of dance that is a vernacular, usually recreational, expression of a past or present culture," and that European character dancing "is a selected borrowing of folk dance movements and styles to provide divertissements for story ballets or any type of ballroom dance.'' notes that the Beneficiary will train his students "to perform so-called character dances that use stereotyped gestures and styles selected to portray the idea of a particular nationality, occupation, or personage."

None of these letters, however, demonstrates that the Beneficiary's skills in folk dance and European character dance are unique to an identifiable group. Rather, these letters discuss folk dance and European character dance in general terms, without specifying their cultural uniqueness. As discussed, evidence that a particular dance genre originated from one part of the world, without more, is insufficient to illustrate its cultural uniqueness if many countries have adopted and are now performing the same dance style. Moreover, while the authors of these letters may be familiar with ballroom and Latin dance, they do not explain or establish their credentials as folk dance or European character dance experts. See 8 C.F.R. § 214.2(p)(6)(ii)(A).

The remaining letters state that the Beneficiary's dance skills are unique to the Moldovan culture. For example, a letter from of the notes that the Beneficiary "presents a unique performance representative of the cultural heritage and musical traditions of Moldova." a high school principal associated with the

indicates that the Beneficiary worked with' a children's folk dance team who performed during ' which is "an event dedicated to the

Similarly, a coordinator of a public association in Moldova that develops children's talents, provides that the Beneficiary was the head of a children's folk dance team, and taught the students "the traditions of Moldovan people," "the most popular dances and love of folk music." None of the letters, however, states or offers credentials establishing that the author qualifies as an expert on Moldovan folk dance. As such, their unsubstantiated statements are insufficient to demonstrate the cultural uniqueness of the Beneficiary's skills.

and indicate that the Beneficiary's dance groups performed during The Petitioner offers documents stating, ' is "a Romanian celebration at the

beginning of spring." Another document explains that the is held in Moldova, during the first days of spring, and it presents performances ''from classical

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music, to folklore, to traditional and modern dance," and it brings "artists from many countries such as Austria, Germany, Poland, Romania, Belarus, China, [and] Russia" to Moldova. Without additional corroboration, the Beneficiary's involvement with dance groups that performed in an event which had individuals from different parts of the world performing various dance styles and art forms is insufficient to verify that his skills are culturally unique to Moldova.

As a matter of discretion, U.S. Citizenship and Immigration Services (USCIS) may accept expert opinion testimony.2 USCIS will, however, reject an expert opinion or give it less weight if it is not in accord with other information in the record or if it is in any way questionable. Matter of Caron Int"l, Inc., 19 I&N Dec. 791, 795 (Comm'r 1988). USC IS is ultimately responsible for making the final determination regarding a foreign nati·onal's eligibility for the benefit sought; the submission of expert opinion letters is not presumptive evidence of eligibility. !d.; see also Matter of Skirball Cultural Center, 25 I&N Dec. 799, 805 (AAO 2012) (holding that the petitioner bears the burden of establishing by a preponderance of the evidence that the beneficiaries' artistic expression, while drawing from diverse influences, is unique to an identifiable group of persons with a distinct culture; it is the weight and quality of evidence that establishes whether or not the artistic expression is "culturally unique").

Here, the record lacks expert letters that detail the culturally unique aspects of the Beneficiary's skills in ballroom, Latin dance, folk dance, or European character dance. Although the record affirms the regions in which these dance styles originated, the letters do not attest with specificity to the cultural or traditional elements of the Beneficiary's skills. References to a dance style being culturally unique to a region, without further information or documentation articulating or defining precisely what is culturally unique about the Beneficiary's performance or instruction method of the style, are insufficient to meet the Petitioner's burden of proof. In addition, as noted, several of the letters do not establish the credentials of the authors. Based on the above, the Petitioner has not satisfied the evidentiary requirements at 8 C.F.R. § 214.2(p)(6)(ii)(A).

B. Reviews in Newspapers, Journals, or Other Published Materials

The regulation at 8 C.F.R. § 214.2(p)(6)(ii)(B) allows a petitioner to submit documentation verifying that the performance of the foreign national or group is culturally unique, as evidenced by reviews in newspapers, journals, or other published materials. Here, the record does not contain evidence satisfYing this requirement.

The Petitioner has submitted articles that discuss the Beneficiary's ballroom and Latin dance performances and competitions. For example, an article entitled' reports on the Beneficiary and his partner competing in and performing a number of ballroom and Latin dance styles. Another article, ' ' states that the Beneficiary and his partner were "great champions of the evening" during the 2002, an international

2 Depending on the specificity, detail, and credibility of a letter, we may give the document more or less persuasive weight in a proceeding.

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dance competition. The record also includes an article entitled '' ' in which the Beneficiary and his partner discuss their competitive successes in ballroom and

Latin dance, and an untitled article that mentions the Beneficiary winning a bronze medal at a competition. None of these articles, however, establishes or states that the Beneficiary's dance styles are culturally unique.

Unlike the published material in Skirball Cultural Center, 25 I&N Dec. at 803-04, the published materials in this case do not specify how the Beneficiary's dance types are culturally unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons. See 8 C.F.R. § 214.2(p)(3) (defining "culturally unique''). The Petitioner's broad position that the Beneficiary's styles of dance constitute an art form culturally unique to their countries of origin, absent corroboration, does not satisfy the evidentiary requirements at 8 C.F.R. § 214.2(p)(6)(ii)(A) or (B). As discussed, the fact that, for example, the samba might have originated in Brazil is insufficient to support a finding that all samba dance programs continue to otTer "culturally unique'' activities. In light of the above, the Petitioner has not submitted documents confirming that the Beneficiary's performances are culturally unique, as evidenced by reviews in newspapers, journals, or other published materials

C. Evidence that all of the Performances or Presentations will be Culturally Unique Events

Finally, the Petitioner has not shown that all of the Beneficiary's performances and presentations in the United States will be culturally unique events. The petition indicates that Beneficiary will be a "Folk Dance Instructor/Adult Performer," who "will perform with his students ... at folk festivals and national competitions" and "present workshops on variety of folk dance (Latin, Cha-cha, Salsa, Russian, Moldavian, Romanian etc.) at [the petitioning] dance studio and throughout the U.S.''

The record shows that the Beneficiary will spend a good portion of his time in the United States teaching ballroom and Latin dance classes to students of varying abilities. Specifically, the petitioning dance studio's calendar illustrates that he will be teaching classes such as "

and ' According to the employment contract, the Petitioner offers a "distinctive and proprietary dance curriculum taught pursuant to a proprietary dance instruction method set forth in the videotapes, teacher training techniques and related materials."

The Petitioner has not sufficiently shown that these classes, as taught by the Beneficiary, will be "culturally unique events." As noted, while some of these dance styles have originated from a particular region, the Petitioner must establish that the Beneficiary's instruction of the styles, which are now taught worldwide, is culturally unique. The Petitioner has not made such a showing. The record does not support a finding that the Beneficiary's classes constitute "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." See 8 C.F.R. § 214.2(p)(3) (defining "culturally unique"). In addition, at least one of the classes - ' - does not appear

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to be associated with any particular dance genre, nor has the Petitioner demonstrated that the ethics class qualifies as a culturally unique event.

Moreover, the Petitioner indicates that the Beneficiary will perform with his students at "national competitions." An online printout from its website indicates that its students will participate in a number of competitions, including the

and The record includes minimal information on these competitions, and does not illustrate

that the Beneficiary's performances at these events are unique to an identifiable group of people.

While during some of his time the Beneficiary will also be participating in folk festivals and teaching folk dance workshops, including '

the Petitioner has not submitted documentation establishing the nature of these events or confirming their cultural uniqueness. Without corroboration, unspecified folk festivals and dance classes with the above referenced titles are insufficient to support a finding that these proposed events are culturally unique. In light of the above, the Petitioner has not established that all of the Beneficiary's performances or presentations in the United States will be culturally unique events. as required under 8 C.F.R. § 214.2(p)(6)(ii)(C).

III. CONCLUSION

The Petitioner has not established that the Beneficiary is entering the United States solely to perform, teach, or coach as an artist or entertainer under a "program that is culturally unique:' Section 101 (a)(l5)(P)(iii)(l) and (II) of the Act. It has not demonstrated the cultural uniqueness of the Beneficiary's skills or shown that all of his proposed performances or presentations in the United States will be culturally unique events. 8 C.F.R. § 214.2(p)(3), 214.2(p)(6)(ii)(A)-(C). Accordingly, the Petitioner has not established eligibility for the immigration benefit sought.

ORDER: The appeal is dismissed.

Cite as Matter ofF-A-D-S-, ID# 596756 (AAO Oct. 17, 2017)