Wk Sample - redacted O-1B 2nd RFE Response 10.22.16

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IAS CONSULTING - REDACTED SAMPLE DRAFT RFE RESPONSE
RESPONSE TO FORM I-129 REQUEST FOR EVIDENCE (RFE) O-1B ALIEN OF
EXTRAORDINARY ABILITY IN THE ARTS
October 22, 2016
U.S. Citizenship and Immigration
Services Vermont Service Center
30 Houghton St (VSC Premium Processing)
St. Albans, VT 05478-2399
RE: Nonimmigrant Petition for Alien Worker (Form I-129).
O-1B Alien of Extraordinary Ability in the Arts (Ballroom Dancer).
Petitioner: XXXX XX XXXXX, Inc. (DBA, XXXX XXXXXXX Dance Studio).
Beneficiary: Mr. Oleg XXXXXXXXXX
Present Petition: [EAC XXXXXX2642]
Previous Petition: [EAC XXXXXX1029]
Dear Sir/Madam:
With respect to the above-referenced case, this is our response to the RFE
received regarding the present petition, EAC XXXXXX2642, filed for the above-
referenced petitioner and beneficiary in the O-1B category. [“Present petition”] A
Request for Evidence (RFE) was issued, dated July 27, 2016 requesting XXXX XX
XXXXX, Inc. d/b/a XXXX XXXXXXX Dance Studio (here and after The Studio) provide
additional information.
A previous O-1B petition, EAC XXXXXX1029, was submitted by the petitioner
for Mr. Oleg XXXXXXXXXX (here and after Oleg), also seeking classification as an
Alien of Extraordinary Ability in the Arts under 8 CFR §214.2(o)(3)(iv). [“Previous
petition”]
References made to exhibits submitted with the previous petition are noted,
“Previous petition Exhibit __”], denoting the exhibit number referenced as marked in the
Index and exhibit set of the previous petition. Reference is also made in places to
evidence submitted with the previous RFE response. [“Previous RFE response Exhibit
___”] Please make reference to the complete Service record containing both petitions
and the previous RFE response. So as not to overburden the record, we will not be
resubmitting another copy of evidence already submitted.

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Our response here to your request for evidence will generally follow the order of
issues as they are raised in the present RFE with reference in places to evidence
already on the record.
ISSUE 1: Evidence of Prominence in Field of Endeavor
The first issue raised in the present RFE relates to Prominence in Field of
Endeavor and sustained acclaim. The RFE observes at p. 2:
While you have provided evidence of the beneficiary's dance competition records and
his work as a choreographer, the last dated dance competition was in 2013 and
evidence in the record shows he graduated from college in 2015. Based upon the
evidence, you have not demonstrated sustained national or international acclaim and
recognition in the field of expertise.
The statement above does not appear to accurately characterize the full
record. The beneficiary has a documented history of sustained accomplishment in the
field of dance going back to 2006 and has performed in lead and starring roles as
choreographer in 2015 performances for dance companies the Service stipulates are
distinguished in nature. An individual may have achieved their Extraordinary Ability
even while in college or university, or before, and may continue to develop it
afterwards. It’s not one or the other.
As the record shows, the beneficiary has been performing and competing since
2001. In Eastern Europe dance performers and competitors such as the beneficiary
begin serious training and achieve national and international recognition within an
organized structure of coaching, performance, and competition beginning as early as
age 8. By the time they reach their college years, some such as Oleg have already
achieved sustained recognition in the form of a solid record of critical and competition
successes and coaching appointments. The sustained acclaim of the beneficiary
competing in open competition against adults has indeed been established on the
record in this case, as has his artistic participation as a lead performer, coach and
choreographer in distinguished professional productions and organizations.
The studio letter dated September 17, 2015 supporting the previous O-1B filing
reviewed the detailed chronological history of Oleg’s accomplishments since 2007.
The record shows that the beneficiary has achieved the following notable degrees,
awards, prizes, and appointments with dance organizations with a distinguished
reputation, and has been recognized both nationally and internationally for his
achievements in the field as follows: [Exhibits cited below reference previous
petition]
Mr. XXXXXXXXXX has received important and advanced degrees in Choreography from
the Kyiv (Kiev) National University of Culture and Arts as follows:
1. Graduate degree; in 2015 the artist received the "Diploma of
Specialist" in Choreography,

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2. Undergraduate degree; earned in 2014 "Diploma of Bachelor of
Culture and Arts" in Choreography
3. Special Recognition as follows: Laureate Diploma - First Place -
"Present Waltz to Kiev", Adult duet, Kyiv, Ukraine, 2015;
Mr. XXXXXXXXXX also graduated from Kaniv College of Culture in 2010
earninging the Degree of "Junior Specialist with Honors" in
Choreography. In addition to this degree Kaniv College recognized the
artist multiple times with various special recognitions and certificates of
honour, for example;
2011:
• Certificate of Honour for Artist's strong contribution in the
preservation and enrichment of national culture of Ukraine,
development of dramatic art and of the 50th-anniversary from the day of
formation of People's Theatre at the Kaniv District Culture Center;
2010:
• Kaniv College of Culture and Arts within specialty, "Ballroom
Choreography" for successful achievements in studies and active
participation in culture and arts activities of college, town and region;
• Artist received certificate of honour for dedicated work, successful
achievements in study and active participation in concert activities;
• Certificate of Honour to Artist as a graduate of Kaniv College of Culture
and Arts within specialty "Ballroom Choreography" for successful
achievement in studies and active participation in culture and arts.
2009:
• Certificate of Honour given to Artist as a Young Specialist-Teacher of
Ballroom Dance;
• Artist received certificate of acknowledgement from Kaniv College of
Culture and Arts from "Choreography" department, for his active
participation in culture and arts activities of Cultural Workers and Folk
Artists Day;
2008:
• Kaniv College of Culture and Arts from "Choreography" department to
Artist, for successful achievements in studies, model behaviour, active
participation in social life in College and public events;
• Artist received certificate of acknowledgement from Kaniv College of
Culture and Arts from "Choreography" department, for his active
participation in culture and arts activities of Cultural Workers and Folk
Artists Day;
2007:
• Artist received certificate of honour from Kaniv College of Culture and
Arts from "Choreography" department, for successful achievements in
studies and active participation in culture and arts activities of the 50th
anniversary of Kaniv Colege of Culture and Arts;
As Mr. XXXXXXXXXX's years progressed through his education, the honors and
acknowledgements he received over the course of those years demonstrated his
commitment to the field of dance.

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While developing his choreography career, Mr. XXXXXXXXXX had the
opportunity to compete and place in the finals of many national
competitions in Ukraine. He is a member of the Ukrainian Dance Sport
Federation [Exhibit 4]. As a member, Mr. XXXXXXXXXX's accomplishments
as a dancer include:
NATIONAL AND INTERNATIONAL AWARDS AS A BALLROOM
DANCER:
His successes as a ballroom dancer are documented in Exhibit 3:
Formation Award:
First Place, Latin Formation, Ballroom Ensemble on behalf of Club
Kaleidoscope, May, 2012;
Couples Awards:
Second Place, Adults Duet, Open Class Salsa, Ukrainian Championship,
Kyiv, Ukraine, May, 2013;
Second Place, Adults Duet, Open Class Merengue, Ukrainian
Championship, Kyiv, Ukraine, May, 2013;
Second Place, Adults Standard Program, Ukraine;
Finalist, 6th place, "Rhythms of Spring-2011", Adults Standard Program,
Ukraine, 2011 ;
Finalist, 4th place, "Rhythms of Spring-2011", Youth + Adults C class,
Standard Program, Ukraine, 2011;
Third Place, "Kaniv 2010", Adults Open, European Program, Ukraine,
April, 2010;
Second Place, "Open Championship of Cherkassy Region-2010", Adults
Standard, Ukraine, 2010;
Second Place, "Champion Cup 2010", Adults Standard, Ukraine, 2010;
Second Place, European Program, Youth + Adults Cup, Open Cup of AllUkrainian
Public Organization and Amateur Sport Dance Federation 2011,
Kyiv, Ukraine, April, 2011;
Second Place, "Barvy", Youth + Adults C Class, European Program, Kyiv,
Ukraine, May, 2011;
etc., etc., etc. See, Exhibit 3 for additional diplomas and awards [Exhibit
3]. We have included Mr. XXXXXXXXXX's Classification book which confirms
his dance results at Exhibit 4.
ADJUDICATION:
We have included for the government's consideration documentation of Mr.
XXXXXXXXXX receiving his adjudication certification. Mr. XXXXXXXXXX has
judged many competitions throughout Ukraine as is evidenced by the
stamps in his adjudicator book [Exhibit 5]. Also, expert Mykhailo Yatsuk
[Exhibit 10] confirms Mr. Goranskyi's judging experience.
"SALUTE TO VIENNA":
Mr. XXXXXXXXXX has also been involved as a professional performer in
distinguished productions with the Ballet Troupe under the direction of the
Art Director, Aniko Rekhviashvili. Mr. XXXXXXXXXX has performed in
Montreal, Quebec, San Diego, Los Angeles, Vancouver, and Austin. We
have documented his soloist work and the distinguished production and

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venues at Exhibit 7.
ADDITIONAL PRODUCTIONS:
Mr. XXXXXXXXXX has also performed in a lead, starring or soloist role as
documented at Exhibit 8 in productions such as "The Lords of the Sound"
and "Marilyn Monroe". [Exhibit 8].
KALEYDOSCOPE DANCE SPORT CLUB:
Mr. XXXXXXXXXX performed in both a lead and critical role for Kaleidoscope
Dance Club which is one of the most widely recognized and prestigious
clubs in Ukraine. We submit for your review at Exhibit 9A letter from the
Director of the Kaleydoscope Studio, Dymtro Bazela,confirming that Mr.
XXXXXXXXXX was critical to the Club's work:
"Oleg has showed himself as a talented trainer .... His interesting
choreography and training with students have been always
appreciated on the national and international competitions ....
Oleg's training has been an important part of the club
'Kaleidoscope'. Our reputation in Ukraine and in the world - is
professional and emotional performers and Oleg has made his own
contribution to it."
As further documentation of Mr. XXXXXXXXXX's important contributions to
Kaleidoscope, we have also included at Exhibit 6 documentation of Mr.
XXXXXXXXXX's students results at competitions.
We have also included proof of Kaleydoscope's distinguished reputation
with articles and newspapers at Exhibit 9B.
PUBLICATIONS:
We have also included many publications about Mr. XXXXXXXXXX's dance
and choreography history. He has been [written about] numerous times over
the years for his greatest successes in the field of dance. [Exhibit
14]. Additional publications in programs for productions and events that Mr.
Gorainksyi was a soloist or lead in are included in Exhibits 7 and 8.
The full record shows that the beneficiary has achieved the following notable
degrees, awards, prizes, and appointments with dance organizations with a
distinguished recognition, and recognition for his achievements in the field as follows.
The full record spans the period 2001 through 2015: [Past petition exhibits]
INDEX TO EXHIBITS AND ATTACHMENTS ESTABLISHING
EXTRAORDINARY ABILITY FOR O-1 QUALIFICATIONS

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EXHIBIT 1: Education received at Kiev National University Of Culture and Arts; Degrees,
awards and honors won during the artist’s education from 2010 to 2015.
1.1- Graduate Degree in Choreography, along with “Supplement to higher education
diploma” (academic transcript) (June 25, 2015)
1.2- Bachelors Degree; in Choreography along with “Supplement to higher education
diploma” (academic transcript) (June 30, 2014)
1.3- Student Awards; and recognition earned by the artist during his education (2015)
EXHIBIT 2: Artist’s Education from Kaniv College of Culture and Arts; Diplomas and
transcripts for the artist documenting the degree along with achievements and awards received
by the artist during and prior to his study at Kaniv College of Culture and Arts.
2.1- “Diploma of Junior Specialist with honors” in Choreography along with “Supplement to
higher education diploma” (academic transcript) (June 26, 2010)
2.2- Certificates and Acknowledgements; received for the artist’s accomplishments during his
education (We submitted many Certificate of Honour dated in 2011, 2010, 2009, 2008,
2007, Certificate of Acknowledgment 2008)
2.3- Publications; recognizing the artist’s “diploma work” on the choreography and
performance of a production taking place during “Victory Day” celebrations. (Published
on May 13, 2010)
EXHIBIT 3: Artist’s Accomplishments as an international dance competitor
3.1- Diplomas, and Certificates of Honour and Achievement; documenting the artist’s
various competitive achievements starting from 2001 to 2015.
3.2- Independent Competition Results and Photographs; documenting the artist’s
accomplishments as a national and international competitive dancer
Competition results from www.Dancesportinfo.net;
A- Results for couple Oleg Goryanskyy & Anna Bogush and photographs of the couple during
competition (2011)
B- Results for couple Oleg Goryanskyy & Tatyana Yovchenko and photographs of the couple
during competition (2009 and 2010)
C- Results for couple Oleg Goryanskyy & Yryna Ternovenko (2009)
3.3- Additional documentation of the artist and his achievements;
A- Photographs; of the artist during competition (2001 and 2002)
B- Regional First Place Ranking; conferred by the Physical Culture and Tourism
Administration of Zaporizhya (2006)
EXHIBIT 4: Dance Competitor Classification Books;
4.1- International Dancesport Federation; classification book documenting the artist’s IDSF
competitions, category, organization, and results from various events. (From 2008 through
2011)
4.2- All Ukrainian Dance Sport Federation- classification book documenting the artist’s
competitions, organization and additional information for multiple events (2012)

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4.3- Independently reported results; found on www.dancesportinfo.net from confirming details
and results of various events the artist took part of. (From 2007 through 2011)
EXHIBIT 5: Adjudicator Classification Book
5.1- Adjudicator book; documenting qualifications as a second, third, and fourth category
judge for the International Dancesport Federation. Also includes listed competitions the artist
judged. (2010)
5.2- District Festival of Children and Youth Activities; event listing of judges for the years
2013, 2014 and 2015.
EXHIBIT 6: Documentation of the artist’s work with students;
6.1- Students’ Letters; of recommendation, photographs and results documenting the work
with students;
A- Pletniov Oleksii & Tretiak Olena; Letter, picture, Results from Dancesportsinfo.net (2014 and
2015. They were champions in 2015 at the competition “Black See Open Cup")
B- Kryzhanovskyi Danylo & Devlysh Kseniia; Letter, picture, results from
Dancesportinfo.net (2014 and 2015. They were champions in 4 events in 2015.)
C- Igor & Svetlana Rakitskiy; Letter and picture. (2014)
6.2- Studio listings; documenting the artist as a teacher;
A- Bekasovschool.com; teachers page for the artist
B- e-Motion teachers directory page; displaying the artist
EXHIBIT 7: The artist as a starring and critical role in the major international dance
production “Salute to Vienna”, a production which has a distinguished reputation
7.1: Documentation of the artist’s key and critical role in the production
A- Expert letter from Aniko Rekhviashvili, addressing artist’s work in major productions including
the “Salute to Vienna” (From 2013 through 2015, Oleg participated in Salute to Vienna on the
following prestigious venues: Canada, Montreal, L’opera de Montreal and Quebec; USA
California, San Diego, San Diego Symphony; Los Angeles, Walt Disney Concert Hall; and
Canada, Vancouver, Orpheum Theatre; Texas, Austin, Long Center of the Performing Arts.)
B- Salute to Vienna Program; from the New Year’s concert at the Orpheum in Vancouver
Canada.
C- Photographs of the Artist; During various productions of “Salute to Vienna” during the 2013
Tour, from
https://www.youtube.com/watch?v=gcOANJCsFA&index=2&list=PLfzM09pq0ef4Cck8pnbFowReC
2az4tps
7.2: Salute to Vienna as a Distinguished and Major Production;
A- Salute to Vienna Webpage; listing its distinguished director, the “major venues” visited, and
some of the various awards won by the production
B- Publications; documenting A Salute to Vienna as a major and distinguished production
C- Venues; Information regarding the venues attended by the artist while performing with A Salute

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to Vienna including Grand Threatre de Quebec; The Orpheum, Vancouver BC; The Long
Center, Austin Texas;
EXHIBIT 8: The artist as a starring or solo performer in major productions
8.1- “The Lords of the Sound” production; major production held annually at the Ukraine
National Arts Palace;
A- Advertisement poster
B- Event description; documenting and the role of the artist as one of two soloists in the entire
show
8.2- “Marilyn Monroe the Image, Which Shaded the Life” Musical; major musical production
where the artist performed a solo, documented by;
A- Advertisement Poster;
B- Event summary; describing this major event, and also describing the role that the artist had as
a solo performer.
EXHIBIT 9: The artist’s lead and critical role with Dance Studio Kaleydoscope, a studio
which has a distinguished reputation
9.1; Documentation of the artist’s lead and critical role at Kaleydoscope;
A- Letter from Dmytro Bazela; President of the Dance Club “Kaleydoscope” on the artist’s role
with the studio
9.2; Documentation of Kaleidoscopes’ Distinguished Reputation
A- Advertisements; of major and distinguished events hosted by the studio
B- Publications; about the studio and its accomplishments
EXHIBIT 10: Expert Letters
 O. B. Tereshchenko; Head of Dept. of Culture Boguslavsky District State Administration
 V. P. Tykhomyr; Principal at Kaniv College of Culture and Arts
 S. A. Liasota; Chairman of the “Musical Theatre Development Association”
 L. Ye. Maister; President of Sport Dance Public Organization “Dance Maister”
 I. I. Ivanovska; Director of Junior Academy of Arts
 Dmytro Bazela; Vice- President of Ukrainian Dance Board
 Dmytro Bazela; Head of Department “Ballroom Choreography” at Kyiv National University of
Culture and Arts; regarding the artist’s productions
 Dmytro Bazela; Various titles, writing to confirm competition results
 Mykhailo Yatsuk; Former colleague,
 Maria Tarsinov; Dance Director and Coach
 Bruno Collins; Professional ballroom dance coach and dancer
The O-1B evidentiary standard requires “sustained acclaim” measured by a
record of quality achievements, not necessarily a career that spans decades. The O-1B
regulations provide that sustained acclaim can be demonstrated through either
evidence of a one-time achievement (a major, nationally or internationally recognized
award) or at least three of the criteria listed in the regulations. [8 CFR §214.2(o)(3)(iv)]

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Conducting a thorough review of the evidence, especially the letters of support,
we find additional testimonials from experts familiar with the beneficiary's record and
achievements as a nationally and internationally recognized dancer, choreographer and
dance coach of students who themselves compete regularly or have achieved success.
These experts attest to the sustained acclaim accorded the beneficiary over a period
going back to 2007 through the present. His achievements during that time are all the
more remarkable for his relative youth.
ISSUE 2: First Criterion, Lead or Starring Participant in Distinguished
Productions
I. Beneficiary’s Lead or Starring Role in Distinguished Events in the Past
The next RFE issue we address is a question whether the beneficiary indeed
played the lead or starring role in past productions (acknowledged by USCIS to be
distinguished) and whether the evidence that has been heretofore provided is in a
prescribed form. The RFE states as follows:
You state that the beneficiary has performed in a lead role for events or productions of a
distinguished reputation such as: Salute to Vienna, Nuangels and Kaleidoscope Dance
Club. Review of the evidence submitted shows that the beneficiary did perform as
a dancer in the production of Salute to Vienna in 2015 as part of a group of
performers. While the event has a distinguished reputation, you have not
demonstrated the beneficiary performed a lead or starring role, rather than as pair
of a group with other performers. You also provided photographs featuring the
beneficiary as a dancer among other dancers. Again, this is not sufficient to
demonstrate the beneficiary performed in a lead or starring role.
You submitted Exhibits 28-31 which you indicate show the beneficiary in a lead and
critical role as a choreographer and soloist with the ballet group "Nuangels". Review of
evidence shows Mamamusic is the production company that produces the music of the
musical team "Nuangels" in Kyiv and in a letter from the creative director of Mamamusic,
it is indicated that the beneficiary is a choreographer and solo performer of the
ballet of music group Nuangels; that he made the choreography for the ballet and
created dance movements for vocalists and musicians from March 24, 2016 until
May 12, 2016. The remaining evidence shows the musical group ''Nuangels" has a
distinguished reputation and participates in tours. The evidence provided is
insufficient to show the beneficiary performed as a soloist with the musical group
or that he performed in a lead or critical role as the choreographer for the group.
[ . . . ]
You may still submit evidence to satisfy this criterion. Evidence may include, but is not
limited to:
• Written reviews from critics;
• Advertisements or publicity releases;
• Publications contracts;
• Endorsements;

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• Materials from trade journals; and
• Magazine articles.
In this regard, we herewith submit new evidence in the form of written reviews
from a pair of internationally renowned dance critics who attest to the lead and
starring role of the beneficiary in the distinguished productions, Salute to Vienna and
Nuangels. The first written review is from Didio Barrera: [Ex.___]
I am the Features Editor of and I am a professional dance critic for, Dance Beat
magazine which is the leading international trade publication reporting on
competitive ballroom dancing in the USA and abroad. I was also a licensed
international adjudicator with the World Dance Sport Federation and am currently a
national adjudicator with the National Dance Council of America (NDCA) and am also
registered with the World Dance Council as an adjudicator. I am the organizer of one of
the most prestigious dance competitions in the United States, the Caribbean Dancesport
Classic held annually in San Juan Puerto Rico, in November and the DBDC competition
held in Boston each September. I am a sought after coach and choreographer in the
dance industry.
Given my extensive background and knowledge in the world of dance, I have the
expertise and the knowledge to offer this expert testimonial and render my professional
opinion regarding Ukrainian dancer Oleg XXXXXXXXXX and his national and
international renown in choreography, his lead or starring roles in distinguished past
performances, and his lead or starring duties and essential responsibilities that he will
have if approved
to work in the United States.
First, I have reviewed Mr. XXXXXXXXXX's professional background as a dancer and I
find that his performances have been lead and starring roles in productions that were
excellent by industry standards and by my own expert opinion as a leading critic in the
field. He played a lead and starring role for the US-Canada production of "Salute to
Vienna". He has clearly danced in a lead part in a duet with his partner.
Also, he has choreographed and danced as part of the internationally renowned
group, Nuangels. He appears in a lead role as a dancer in videos of the production
I have seen. It is also my understanding that he did the choreography for
Nuangels in 2016. Based on my review of the choreography he designed, it is my
professional opinion that Mr. Gorianksyi has provided a critical role in designing
the excellent and original choreography which captures the essence of the
Nuangels' music and vocals.
In another newly provided exhibit, a second internationally recognized critic
and eminent figure in dance, Taliat Tarsinov, writes: [Ex. __]
This letter is provided to address the issue that has been raised regarding the role of
Mr. XXXXXXXXXX as choreographer for the professional dance and music production,
"Nuangels." It is my expert opinion that as principal choreographer, Mr.
XXXXXXXXXX
played a leading and starring role in that distinguished production that toured the
United States performing at many major venues to large audiences to favorable

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reviews.I would also like to provide my expert testimony regarding the lead and starring
role that Oleg will have a lead dance coach and instructor for XXXX XX XXXXX, Inc.
First, I would like to introduce myself and present my credentials and qualifications to
render this opinion, as well as to explain how I know the above facts to be true. My
name is Taliat Tarsinov. I am the Two-time Russian National Ten-Dance Champion
Russian National Latin Champion, Soviet Union and Russian National Standard and
Latin Showdance Champion, European Ten-Dance Finalist, World Exhibition Finalist,
Coach of world and national amateur and professional champions in all types of dance
sport, World Dance and Dance Sport Council Licensed Adjudicator, National Council of
Dance World Class Adjudicator, etc.
I have over 35 years experience in the field of dance and dance productions. I am the
creative director for Dance Legends which is an annually held event in NYC which
showcases some of the best dancers in the world. For three years, I hosted a Russian
television show called "Dance Globe" and I starred in many other popular television
shows in Russia. I am also the artistic director of "Star Duet" an annually held event in
Moscow, Russia, which also showcases some of the best dancers in the world.
I have been invited all over the world to lecture on dance including before the
World Dance Congress at the British Open Dance Festival in. Blackpool, England.
I am the author of several articles that have been published in many trade
magazines such as Dance Beat, Dance News , Dance Sport and Dance Notes. I
have evaluated, served as a dance adjudicator or been recognized as a critic by
World Dance Council and the National Dance Council of America I have attached
my background information for your review.
It is my professional opinion that Mr. Oleg XXXXXXXXXX, being the lead
choreographer for NuAngels, has demonstrated his capacity as a lead and
starring part of this major production.
[ . . .]
His role was far more than just as one of a group of other performers. Coupled
with his degrees in Choreography from the Kyiv National University of Culture and
Arts and his outstanding work for Salute to Vienna Productions with which he
toured the US and Canada, Mr. XXXXXXXXXX has shown himself to be an
outstanding choreographer who has reached the top of his field.
II. Distinguished Events in the Future
In regards to the beneficiary performing in the future in a lead or starring role for
distinguished events or productions, you state that the beneficiary will perform the
following:
• Explain and demonstrate choreographic techniques to individuals and groups of
students;
• Train students who are preparing for major national and international showcases and
competitions;
• Continue to develop the studio's artistic program;
• Perform at many dance events as a professional dancer;

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• Work with students to represent the studio at domestic competitions and in ballroom
events organized by XXXX XXXXXXX Dance Studios;
Review of the above duties show that the beneficiary will be employed as an
instructor/choreographer.
While you indicate in the "Proposed Schedule for Oleg XXXXXXXXXX for 2016-2019"
that he will perform in events with students from your studio, review of the listed events
do not show they are of a distinguished reputation and this is a proposed scheduled
wherein you "anticipate" he will participate but have not demonstrated he will be the lead
or star performer.
You state that your organization is " ... in urgent need of a highly qualified dancer and
choreographer ... .in order to lead the studio's dance program. The studio, which
currently has a total of eight instructors and support staff, has recently lost or will be
losing instruction services of five experience instructors ... if the studio is unable to
promptly obtain the services of Mi-. XXXXXXXXXX .. .it will suffer economic loss and
hardships." Based upon the duties and your statements, you have not demonstrated that
the beneficiary will be performing in a lead or starring role and you have not
demonstrated that any of the events are of a distinguished reputation. You may still
submit evidence to satisfy this criterion.
Evidence may include, but is not limited to:
• Written reviews from critics;
• Advertisements or publicity releases;
• Publications contracts;
• Endorsements;
• Materials from trade journals; and
• Magazine articles.
As for the future, with regard to the proposed role described for the beneficiary and
the distinguished reputation of the petitioning studio and its performances and activities,
the eminent dance critic Mr. Barerra goes on to write:
I would be pleased to know that Mr. XXXXXXXXXX is given the opportunity to bring his
immense talent to the United States for the XXXX XXXXXXX Dance Studio in
Greensboro, North Carolina.
That being said, I would also offer this expert letter to confirm that in
fact, the Greensboro XXXX XXXXXXX Dance Studio is an outstanding studio
that requires the services of a lead choreographer such as Mr. XXXXXXXXXX
in order to maintain and even increase its significant presence in the
dance industry. I have personal knowledge that the studio has a
distinguished reputation within the U.S. dance community on account of
the fact that the studio's Amateur students along with their professional
coaches are present at competitions that I adjudicate. At those events, I
became familiar with Greensboro XXXX XXXXXXX Dance Studio's excellent
reputation for producing some of the best dancers who have won major
titles.

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Such a studio leaves a desirable and favorable impression on the greater
US dance community.
It is also my understanding that Mr. XXXXXXXXXX has been offered a lead
role as Head Choreographer for the studio by designing original
choreography for the studio, performing in major events and showcases
and charities, preparing and showcasing students at major dance events
and performances, etc. It certainly appears that his role will be
significant and important to the studio as this studio is determined on
continuing its distinguished reputation in the field of dance.
Similarly, Mr. Taliat, a towering international figure and critic in dance, writes
about the key and starring role Oleg will play for the distinguished petitioning studio:
[Exhibit __]
Finally, I am familiar with the reputation of XXXX XX XXXXX, Inc., and can attest
that the quality of its instruction and its in-house performances and spotlights are
of exceptional quality. This particular studio is well known for its significant
acclaim for ranking at or near the top of its region amongst 38 XXXX XXXXXXX
Dance studios. It has as a director, Alosha Anatoliy, who has demonstrated
excellence in the field of dance by producing many dancers who have performed
at the highest level in XXXX XXXXXXX national performances including Amateur
partner, Carolyn Woodruff. This is known to me personally because I am generally
present at many of these events whether as an Adjudicator or Choreographer.
Oleg is an exceptionally well qualified dancer, performer, coach and choreographer.
I can state based upon my overall understanding of dance instruction and my
specific knowledge of Oleg and of the XXXX XX XXXXX Studio that he will have a
lead and starring role in leading their dance program.
Furthermore, the Itinerary submitted for the beneficiary actually included events
or dance competitions stated having a distinguished reputation the petitioner expects
Oleg to participate in. We herewith include exhibits that establish the distinguished
reputation for eight such events:
 The Ohio Star Ball [Exhibit __];
 FADS World Championship [Exhibit __]
 Millennium DanceSport Championships [Exhibit __]
 United States Dance Championships [Exhibit __]
 Heritage Classic DanceSport Championships [Exhibit __]
 Dancing with the Highpoint Stars [Exhibit __]
 Dance Legends [Exhibit __]
 Only in America (Performance hosted by petitioner) [Exhibit __]
In addition, the record contains an abundance of evidence leading to the

14
conclusion that the beneficiary has and will perform a lead, starring or critical roles in
performances, events and for organizations of distinguished reputation.
Section 214.2(o)(3)(iv)(B)(1) entitles the petitioner to submit “critical reviews,
advertisements, publicity releases, publications contracts, or endorsements” to
show that the productions or events have a distinguished reputation.
A review of the record indicates that the petitioner produced relevant and suitable
evidence to demonstrate that Kaleidoscope 2011 and Sky Dance 2011 are very
distinguished events or productions. To realize this, careful attention must be paid to
the advertisements and endorsements previously submitted as evidence. [Exhibit
____ in original filing].
Kaleidoscope (as a Dance Competition):
Article: “When Children Dance, The Soul is Singing”
In her article published in the Kyivien Newspaper, Natalia Troshkina reported that
Kaleidoscope, as a dance competition, has been held for the first time in 2001 under the
name “Kaleidoscope-2001”. [Exhibit __ in original filing].
On 12 – 13 May in Zhovtnevyi district in Kyiv city the sport ballroom
dancing all-comers competitions “Kaleidoscope-2001” has been held for
the first time.”
Since it was founded in 2001, Kaleidoscope has earned significant acclaim at the
national level. The article contains several points that attested to this:
1. “600 children” participated in the competition;
2. The 600 children “arrived not only from Zhovtnevyi district, but also from other
districts of the capital and from the regions of such cities as Chernihiv,
Khmelnytskyi, Cherkasy, as well as Kyiv region”;
3. The Chairman of the Judges was Dmytro Bazela an “Honored Artist of Ukraine”;
4. The competition is endorsed by the City Council.
The competitions have been held under the patronage of the deputy of the
Kyiv city Council of the 23d election district Serhii Kyianchenko, thanks to
whom the dancers could on the mirror parquetry the exotic rumba and
classic tango…
Article: “Vienna Waltz”

15
As well as in the previous article, Iryna Tyran’s published newspaper article attested to
that:
1. 600 competitors, from 6 to 18 years old, participated in “Kaleidoscope-2001”
2. Participating in Kaleidoscope-2001 is a “costly affair”;
3. The competitors came from 6 cities and regions of Ukraine; and,
4. Public officials such as the Kyiv city Council of the 23d election district and the
officers of the Zhovtnevyi district in Kyiv city State Administration aided in
organizing “Kaleidoscope-2001.” [Exhibit___ in original filing].
Article: “We compete through the dance”
Dmytro Bazela, an Honored Artist of Ukraine, wrote and published an article in a
Ukrainian newspaper stating that “Kaleidoscope-2002” took place on 13-14 April.
[Exhibit___ in original filing]. It is essential to highlight several elements contained in
the article show again “Kaleidoscope 2002” is an event of great reputation:
1. Dmytro Bazela described the event as a “grandiose feast”;
2. The event is hosted and sanctioned by the Ukrainian Dance Board;
3. The event is organized by the Solom’yankyi district in Kyiv City State
Administration, a government entity, among other organizers;
4. 600 participants;
5. The participants came from 32 Ukrainian cities; and,
6. Also guests from other country, such as Moldova, competed. [Exhibit __ in
original filing]
The record shows that since its inception and launch, the dance event “Kaleidoscope”
has been successful because of the number of participants and the reputation it has
earned. Over the years, the reputation of this event has been increasing. As of today, it
has been held at least 11 events including Kaleidoscope 2011, which was the subject
event addressed in the RFE. [Exhibit __ in original filing]. We now proceed to
responding to the government’s request for additional documentation of the event’s
distinguished reputation:
“Kaleidoscope-2011”:
Similarly to the “Kaleidoscope” events held in previous years, Kaleidoscope 2011 also is
highly reputed considering the following arguments:
1. It is intensely publicized across Ukraine according to the advertisements
attached at Exhibit ___;

16
2. It is hosted and organized by the All-Ukrainian Dance Sport Federation (AUDSF)
which is a member of the World Dance Sport Federation (WDSF) formerly known
as the International Dance Sport Federation; [Exhibit __]
3. It is endorsed by Dmytro Bazela who holds the title of “Honored Artist of
Ukraine”; [Exhibit __]
4. It is sanctioned according to the rules of the International Dance Sport Federation
which is now the World Dance Sport Federation (WDSF); [Exhibit __]
5. Ukrainian and invited foreign judges adjudicated the competition and pursuant to
§4.7 of the WDSF rules “the Adjudicators must be recognized by the WDSF
Presidium.” [Exhibit __]
The RFE also questioned the distinguished reputation of Sky Dance 2011. To that end,
we submit the following:
“Sky Dance 2011”:
§214.2(o)(3)(iv)(B)(1) provides that distinguished reputation can be evidenced
with “critical reviews, advertisements, publicity releases, publications contracts, or
endorsements.”
This event was featured in “EXCLUSIVE Style”, a widely published magazine in
Ukraine in which Oksana Duma, the author of the article, described “Sky Dance 2011”
as a high-level event that “turned into a true fest of soul and inspiration” and whose
purpose is laudable because it contributes in:
1. Promoting “sport dance as an important component of aesthetic education
of children and youth”;
2. Maintaining the “image of Kiev as a modern and developed cultural center
which provides young dancers with an opportunity to develop and achieve
a long awaited success”; [Exhibit __]
Both events “Kaleidoscope 2011” and “Sky Dance 2011” are sanctioned pursuant to
the WDSF rules and as one of two major global dance organizations is recognized by
USCIS as having a distinguished reputation, it also follows that the competition events it
sanctions follows, including those in which the beneficiary competed as a
choreographer and/or a dance coach, he or his students won, or had numerous high
podium finishes, as has been demonstrated by evidence on the record, have a
distinguished reputation, as well.
The attached written reviews from two eminent dance critics and experts in the
field constitute conclusive new evidence submitted in response to the RFE. It comes
atop an existing record which already established that the beneficiary has earned

17
sustained acclaim as a leading dancer and choreographer in distinguished productions
and will continue to perform a lead or starring role for the petitioning studio. We would
like to point out that the May 9, 2016 decision rendered in the previous petition
concluded at pp. 5-6, as follows:
The evidence in your original submission, as well as with your RFE response,
established that the beneficiary performed as a lead or starring choreographer and
coach in productions or events that have a distinguished reputation.
While USCIS is not bound by decisions in previous or related petition
determinations, the record in this matter does not reasonably support the conclusion
drawn in the present RFE; we believe that the new evidence atop the existing record
more than adequately meets the regulatory standards for sufficient evidence of the
beneficiary’s lead or starring role, both in the past and prospectively. We would also
remind USCIS that in interpretation of regulation, plain-meaning is always to be
preferred with regard to phrases such as “written reviews of critics.”1
ISSUE 3: Second Criterion, National or International Recognition
The USCIS RFE addressed Criterion Two as follows:
Review of some of the awards show the beneficiary received them while a student in
college. These are not sufficient to demonstrate national or international recognition for
his achievements.
You have provided Certificates of Honour granted to the beneficiary in 2009, 2010 and
2011 for contributions and participation in cultural events while attending college; as a
graduate of Kaniv College of Culture and Arts; and as a young specialist-teacher of
ballroom dance. These documents do not sufficiently show the beneficiary has achieved
national or international recognition, rather they demonstrate he attended college,
performed while in college and then graduated.
1 See, 372 Michigan Law Review, INTERPRETING REGULATIONS, Kevin M. Stack [Vol. 111:355]:
In Seminole Rock, the Court advised that its “tools . . . are the plain words of the regulation and
any relevant interpretations of the Administrator.” [Seminole Rock, 325 U.S. at 414 (emphasis
added).] A strain of precedent relies primarily on the plain meaning of the regulation. In Auer, for
instance, the Court upheld the Secretary of Labor’s interpretation of his own regulations based
primarily on dictionary definitions of the critical regulatory phrase (“subject to”). Auer, 519 U.S. at
461 (citing definitions from two dictionaries to support conclusion that the phrase “comfortably
bears the meaning the Secretary assigns”); see also, e.g., Sec’y of Labor v. W. Fuels-Utah, Inc.,
900 F.2d 318, 321 (D.C. Cir. 1990) (looking to ordinary usage and the Merriam-Webster
Dictionary definition to determine the meaning of “supervisory”). Likewise, in Christensen v. Harris
County, on the basis of the text alone, the Court rejected an agency’s construction of a regulation
(529 U.S. 576, 586–88 (2000) (“The regulation in this case, however, is not ambiguous—it is
plainly permissive. To defer to the agency’s position would be to permit the agency . . . to create
de facto a new regulation.”)See, related,

18
Review of the beneficiary's Dance Sport Federation Classification Books show that he
performed in dance competitions. However, the books show that he primarily finished in
2nd and 4th places and his last competition was in 2013. You may still submit evidence
to satisfy this criterion.
Based upon the evidence you have not demonstrated the beneficiary has achieved
national or international recognition for his achievements.
The USCIS RFE states its reservations with regard to the evidence:
1) It categorically discounts or disregards the evidence submitted related to
awards given to the beneficiary while he was an undergraduate and
graduate student because they were received for activities while he was
in college.
2) It categorically discounts or disregards all the beneficiary’s competition
achievements in World Dance Sport Federation (WDSF) events because
they were not all First Place finishes.
With regard to the reservation about the awards received while the beneficiary
was in college, this is essentially the same unfounded reservation as expressed about
his age and the span of his career at Issue 1, above. This categorical approach to
judging the value of the award and the importance of the competition according to the
age of dancer does not align with the realities of dance in Eastern Europe. As has
been explained and documented at the First Issue above, Dancesport in that part of
the world has far wider audience and participation base than in the United States.
Competitors are taught and compete in a far more intensive, rigorous, and
institutionalized system of instruction and competition from a far earlier age than they
do here. Standards of performance, along with the level of competition and
adjudication, coaching and choreography at the youth and university levels in Eastern
Europe are generally among the highest in the world. As attested to by Taliat
Tarsinov, the beneficiary has risen to the top of his field, mentioning that is in part due
to his degrees earned from Kyiv National University of Culture and Arts, and the quality
of dance degrees and programs at that distinguished university.
Awards and recognition for excellence in university dance education programs
and podium finishes, not just First Place awards, in competition in that region are held
to be highly significant and prestigious as indicators that the person earning such
recognition is among the very best in the world. Levels of skill, competition, and
recognition in College level competition and performance in the U.S. is generally very
different from the standards that apply in Eastern Europe. The differences has been
documented by the attached treatise on DanceSport as follows: [Ex. __]
In the US, many people are first exposed to ballroom dancing in college, through
recreational classes, ballroom clubs, and ballroom teams. Most such students will not
really stick with ballroom much beyond these initial experiences but, in the US, the
collegiate competition circuit has also proven to be a popular point of entry for many
competitive ballroom dancers. I do not use the term “college circuit” to indicate a
singular, unified, or organized sense of the collegiate ballroom scene but, rather, to

19
differentiate it from the wider circuit circuits of ballroom competitions in the US. College
teams often work with outside coaches, brought in to assist with the ballroom training of
team members. [page 200]
[ . . . ]
The comparatively late start of [U.S.] competitors first exposed to ballroom in college
makes it difficult for any of them to break into the highest levels of competition outside
the collegiate circuit, this does not mean that dancers who first started in college do not
sometimes reach very high levels of skill, either as amateur or professional
competitors. [Id., 201]
The beneficiary has been recognized as one who despite his relative youth has
in several dance related areas as being among the very best performers, competitors,
and choreographers. As Didio Barrera, the first of two top critics, writes about the
beneficiary: [Ex. __]
Given my extensive background and knowledge in the world of dance, I have the
expertise and the knowledge to offer this expert testimonial and render my professional
opinion regarding Ukrainian dancer Oleg XXXXXXXXXX and his national and
international renown in choreography, his lead or starring roles in distinguished past
performances, and his lead or starring duties and essential responsibilities that he will
have if approved
to work in the United States.
Meanwhile, Taliat Tarsanov, a second leading global dance authority and critic
concurs in his judgment about the beneficiary and the world-class caliber of the quality
of dance instruction at Kyiv National University of Culture and Arts:
I have reviewed Oleg Gorianksyi's professional dance background and can
attest that he is a stellar talent as a dancer and choreographer. His contribution to
the production as choreographer was highly original, creative, and at the top levels
of the field of dance choreography. His role was far more than just as one of a group
of other performers. Coupled with his degrees in Choreography from the Kyiv
National University of Culture and Arts and his outstanding work for Salute to Vienna
Productions with which he toured the US and Canada, Mr. XXXXXXXXXX has
shown himself to be an outstanding choreographer who has reached the top of his
field.
ISSUE FOUR: Third Criterion, Lead, Starring, or Critical Role
The USCIS RFE raises issues with documentation submitted with the present
petition regarding the beneficiary’s role with the Kaleidoscope Dance Club, an
organization in the Ukraine where he competed, coached and choreographed award-
winning performances during the period he was also attending the Kyiv National
University of Culture and Arts. We note that the RFE does not express any other

20
perceived deficiencies in evidence provided for any the several other distinguished
organizations and institution with which the beneficiary shows he later played a Lead,
Starring, or Critical role.
Given that USCIS by regulation, authoritative expression of policy and
precedent decision based in court decisions that examiners consider all evidence on
the record that is “relevant, probative and credible” – and that any questions or
concerns should be raised in the RFE, but it is silent on these points at this Criterion --
we conclude that USCIS stipulates that the beneficiary has played a lead, starring or
critical role with the following organizations, and that they hold a distinguished
reputation:
 The production company that produced NuAngels in which the
beneficiary played a starring duet role as a dancer and a critical role as
choreographer;
 The Salute to Vienna Ballet Production company Ballet Troupe under the
direction of the Art Director, Aniko Rekhviashvili. Mr. XXXXXXXXXX
performed as a soloist in the touring company’s appearance at
prestigious venues in Montreal, Quebec, San Diego, Los Angeles,
Vancouver, and Austin, as we have documented his soloist work and the
distinguished production and venues.
On the basis of the above, the beneficiary meets the regulatory requirements for
Criterion Three under the O-1B category.
The RFE restricts itself at this Criterion to discussion of the following items:
• Exhibit 22 • Letter from Kaleidoscope, Dmytro Bazela, claims he met the beneficiary in
2010 when he began dance training at the club and they then hired him as "starring
choreographer and lead coach".
• Exhibit 24 - Letters from students, abroad, that they received lessons from the
beneficiary and they went on to become champions. Review of those letters show the
students performed in 2015 as amateurs and junior competitors.
• Exhibit 25 - Documentation relating to the Kaleidoscope Dance Sport Club - While this
evidence does show the organization has a distinguished reputation, the letters
and evidence submitted regarding the beneficiary's role is not sufficient to demonstrate
that he performed in a lead or starring role.
You have provided additional letters which indicate the beneficiary has worked at the
Kyiv Musical Theatre as a ballet dancer and performed on stage in 2014 and 2015.
Review of the beneficiary's educational documentation shows that he had been
attending school during that time period to earn his diploma as a dancer/choreographer.
Further, review of the beneficiary's Form DS-160 Report (Visa Application), which the
beneficiary signed and dated December 11, 2014, indicates that he was a student at that
time with no history of employment. Due to this discrepancy, USCIS is not able to

21
determine that the beneficiary was in fact employed by Kaleidoscope Dance Sport Club
as the above letter claims.
While the beneficiary has already met his burden with regard to the Third
Criterion, we nonetheless address the above issues individually, as follows:
 Exhibit 22 – Please see our discussion below regarding discussion item (B).
 Exhibit 24 – Please see our discussion at Issues 2 and 3, above, regarding
the inappropriate application of categorical determinations based in age and
amateur status.
 Exhibit 25 – Please see our discussion and Exhibits at Issue 2, First Criterion,
regarding beneficiary’s lead and starring role for several productions of dance
organizations, including Kaleidoscope Dance Sport Club.
 Discussion item (A) – Beneficiary worked at the Kyiv Musical Theatre as a
ballet dancer and performed on stage in 2014 and 2015 while earning a
bachelor’s degree and advanced degree in choreography. Please see our
discussion and Exhibit at Issue 3, Second Criterion.
 Discussion Item (B) – Beneficiary omitted mention of his activities at
Kaleidoscope Dance Sports Club on his DS-160 visa application he signed
December 11, 2014 on his way back into the United States to continue
performing here as P-1 dancer and choreographer. We will discuss this
immediately below:
Prior to this series of O-1B petitions filed by the petitioner, the beneficiary held a
pair of P-1 visas during which he performed in the United States, as detailed above.
For part of the period in 2013 and 2014, he returned to the Ukraine, during which time
he was involved in activities including completion of his two degrees in choreography
and he also coached and choreographed productions and dance routines for
Kaleidoscope Dance Sport Club and the Kyiv Musical Theater. In December 2014, he
applied for the second P-1 at the US Embassy to return to the US for a second
professional dance engagement.
We will address this alleged discrepancy in the record at this time. First, it is our
understanding that the DS-160 visa application referenced was submitted and signed
pursuant to approval of an I-129 P-1 Nonimmigrant petition with supporting
documentation submitted and on the record. However, as we were not the attorney on
record, we have no means of verifying this information until Mr. XXXXXXXXXX’s FOIA
request with the NY Department of State is completed. We will assume for the purpose
of this response that P-1 petition and exhibits were available to both USCIS and the US
Consul who reviewed and approved issuance of the visa.
While the visa application submitted in 2014 was prepared by the petitioner, and
counsel of record in the present matter has not had opportunity to review it pursuant to
a pending FOIA request, we are informed by Mr. XXXXXXXXXX that he recalls that the
petition was submitted with several dozen other performers. He is not certain why that
particular information was omitted on the DS-160 application, but recalls that the

22
preparer was unsure whether it was proper to list Oleg’s activities with Kaleidoscope as
“employment.” The beneficiary was a student at the time most of the activities with that
Dance Sport Club took place. It was unclear whether Oleg’s activities with the
Kaleidoscope Sport Club were actually employment or a paid internship. Mr.
XXXXXXXXXX, in fact, had just graduated from university in June, 2014.
We do not believe that this alleged discrepancy on the second visa petition is
either significant or material. We can think of no basis to conclude that it in any way
impacted the outcome. There is no basis to conclude there was any intent to mislead or
that it cut off a potential line of inquiry. Indeed, we cannot imagine any reasonable
basis to conclude that Oleg or the dance company could have gained anything by
omitting reference to Kaleidoscope Dance Sports Club. It appears that the omission
was nothing more than the result of confusion on the part of the preparer and
uncertainty about whether the activity amounted to employment that might be relevant.
Indeed, the omission was clearly not relevant or material to issuance of the second P-1
visa. Therefore, it does not present a significant discrepancy in the evidence in
adjudication of this visa petition. It certainly does not draw into question the credibility
of the letter from Kaleidoscope’s director, Dmytro Bazela, or any other evidence bearing
on Oleg’s eligibility for an O-1B visa.
USCIS is free to interpret as it wishes the narrow technical question of whether or
not Oleg’s activities with Kaleidoscope amounted to actual “employment”, but,
regardless, that makes the facts asserted in the Bazela letter no less true. Indeed,
given that the beneficiary need not even claim that particular activity in order to qualify
for an O-1B visa under this Criterion makes this issue irrelevant to the outcome of this
petition’s adjudication.
The final issue with regard to Criterion Three raised by USCIS is the following
question about whether the beneficiary will have a lead or starring role with the
petitioner:
While you have submitted sufficient evidence to show that your organization is of a
distinguished reputation in your area, based upon the duties and your statements, you
have not demonstrated that the beneficiary will be performing in a lead or starring role.
You may still submit evidence to satisfy this criterion.
The preponderance of the evidence makes it clear that the beneficiary is
expected to fill the role of several employees who have left or will be leaving the
petitioning studio, and the role he will fill is thus clearly critical to the operations of the
the studio. USCIS stipulates the studio itself enjoys a distinguished reputation as a
dance studio whose students both compete and perform in artistic showcases, so it
follows that the beneficiary will indeed perform a “lead or starring” role in the dance
activities of the studio. Additional evidence to this effect is herewith provided in the
letters from two eminent dance critics who attest to the lead or starring role of the
beneficiary for the distinguished productions of the studio and its distinguished
reputation, as referenced at Issue 2 above.

23
ISSUE 5: Fourth Criterion - Commercial or Critically Acclaimed Successes
The RFE states:
The evidence you submitted is insufficient. You claim the beneficiary has met this
criterion based upon his independent competition results and the Certificate of Honour
he received while performing at a celebration in 2015. USCIS acknowledges the
certificate the beneficiary has received for his participation in a celebration. However,
this is not sufficient to demonstrate a record of major commercial or critically acclaimed
successes.
Review of the beneficiary's independent competition results show that he competed at
various dance competitions from when he was a youth up until 2013. While he did place
first in in 2012 and 2013 in a couple of dances, this is not sufficient to demonstrate a
record of successes. Rather, it demonstrates he has competed along with hundreds of
other dancers. You may still submit evidence to satisfy this criterion.
• Title, rating, standing in the field;
• Box office receipts;
• motion picture or television ratings;
• Chart ratings; and
• Other evidence of occupational achievements reported in trade journals, major
newspapers, or other publications (include circulation figures).
The decision of May 9, 2016 rendered on the previous petition states:
In your original submission, your attorney indicated that the beneficiary qualifies
for this criterion based upon his ranking as listed on dancesportinfo.net, his
receipt of the Laureate Diploma for his work on Present Waltz to Kiev, and his record of
critically acclaimed successes as supported by testimonials.
The most recent entry on the dancesportinfo.net list is May 22, 2011, and the information
presented on the print out from appears to show the beneficiary's achievements as a
dancer. Therefore this evidence was insufficient to establish that the beneficiary had
sustained national or international acclaim in the field of dance coaching and
choreographer, the field of endeavor for the instant petition.
The evidence on the record submitted with the original petition acknowledged by
USCIS, above – the beneficiary’s ranking as listed on dancesportinfo.net – meets the
regulatory required form as “rating, standing in the field . . . “reported in a trade journal.”
That evidence must be discussed and considered in the light of all evidence on the
record, which includes the newly submitted written reviews from critics and the already
submitted testimonials from other experts and eminent figures that attest to the
beneficiary’s recognition in dance, dancesport, dance coaching and choreography.
There is no artificial distinction between these fields as critically acclaimed success in
each is all subsumed within the field of dance. Reference is made here to Sections I
and II of this RFE Response. All evidence on the record that is “relevant, probative and

24
credible” of Criterion Four Critical Acclaim must be considered in the forthcoming
Decision.
ISSUE 6 – Fifth Criterion - Significant Recognition
The RFE states:
The evidence you submitted is insufficient. You have provided a letter from Kyiv Musical
Theatre which states the beneficiary worked there from September 2014 to July 2015 as
a ballet dancer and actor.
A letter from Maister Leonid Yeheniyovych, states he has trained the beneficiary since
2006 and from 2009-2011 the beneficiary achieved second places in competitions and
achieved one first place award in 2011. The letter also states the beneficiary is a
"talented trainer".
A letter from Kaniv Academy of Arts indicates the beneficiary worked as a teacher of
ballroom sport dance from 2008 until 2010. Again, looking at the beneficiary's Form DS-
160, there is no mention on the form of any employment history. Due to this
discrepancy, USICS is not able to determine that the beneficiary has ever been
employed.
While the letters are from some recognized experts in the fields, they are not sufficient
evidence to show the beneficiary has received significant recognition for his
achievements as a dancer/choreographer.
You may still submit evidence to satisfy this criterion. Evidence may include, but is not
limited to, testimonials from experts in the field which clearly indicate the author's
authority, expertise, and knowledge of the beneficiary's achievements.
In the May 9, 2016 Decision, it was determined that Criterion Five was
satisfied but on the petition re-filing, the present officer stated it was not satisfied
although the evidence is virtually identical. The RFE raises an alleged
discrepancy – the omission of irrelevant and immaterial employment in the 2014
DS-160. The examiner now seeks at this Criterion to nullify all evidence of the
beneficiary’s past employment-related activities going back to 2010 on that basis.
Please see our response above at Issue 4. That is the sole basis on which the
RFE might reasonably differ from the previous decision. Reference is also made
to substantial new evidence going to Significant Recognition of the beneficiary
discussed at Issue 2.
ISSUE 7: Sixth Criterion – Remuneration
The RFE states:
The evidence you submitted is insufficient You claim the beneficiary has met this
criterion based upon the fact that you will be paying him a yearly wage of $65,000 which
you state is significantly higher than the previous salary and higher than the salary listed

25
for a dancer according to the http://foreinglaborcert.doleta.gov website. Review of the
website document shows the wage applies to dancers who perform, rather than
dancers/choreographers. This evidence is not sufficient to demonstrate that the
beneficiary will command a high salary compared to other dancers/choreographers of
the same caliber as the beneficiary.
We herewith submit new evidence in the form of BLS wage figures based
in OES data for Dancers (27-2031) and Choreographers (27-2032). [Ex. __]
The wage offered of $65,000 is close to the 90% percentile wage for Dancers is
$33.03/hr (2080 hrs/yr - $68,702) while for Choreographers, the wage offered is
near the 75% percentile wage ($68,220). There is no determined wage for
dancers/choreographers. Taken together, this is a high salary compared to
similar others in the same field.
CONCLUSION
Based on the enclosed documentation and the existing record, Mr.
XXXXXXXXXX has met more than three of the criteria under 8 CFR §214.2(o)(3)(iv)
to be classified as an Alien of Extraordinary Ability in the Arts in the O-1B category.
The evidence submitted with the previous filings along with this RFE response, show
he qualifies for the classification based on a “career of acclaimed work.” At this time,
we respectfully request that the Form I-129 petition filed on his behalf be approved. If
you have any questions, please do not hesitate to contact me.
Sincerely,
XXXXXXXXXXXXXX, Esq.
Attorney
NY State Bar Association No. XXXXXXX
Enclosures

Wk Sample - redacted O-1B 2nd RFE Response 10.22.16

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