REXER

                                                      Interim Decision 44435




                               Mew= OP REM .
                         In Visa Petition Proceedings
                                  NYO-N-15M

           Decided by Regional Commissioner Janicary 12,1965
    Beneficiaries, who are entertainers, comedian ventriloquist and       acrobatic
     dancer, are ineligible for classification under section 101(a) (15) (H) (I),
      Immigration and Nationality Act, as aliens of distinguished merit and ability
     since the -evidence does not establish that they have played starring or
     leading roles or have been prominently featured by name as entertainers,
     or that they have been acknowledged as eminent by recognized critics or
     other experts in the field of entertainment.


•     This matter is before the Regional Commissioner on an appeal
    from the decision of the District Director denying the petition
    to accord the beneficiaries nonimmigrant status under section
    101(a) (15) (H) (i) of the Immigration and Nationality Act.
    The petitioner is a theatrical agent and producer who seeks to
  import the beneficiaries temporarily for bookings through his office
  as entertainers. The beneficiaries are natives and citizens of France.
  Their address is given as Montreal, Canada. The male alien, aged
  52, is described, as an "international comedian ventriloquist (the man
  with the speaking hand)". His wife assists him and is also a ballet
  dancer.
    To qualify for classification under this section of the law, these
  entertainers must be persons of distinguished merit and ability, and
  further, must be coming to the United States to perform services
  requiring such merit and ability.
    The evidence submitted as to the personal qualifications of the
• beneficiaries consists of
          (1) Publicity release of Bob Bellamy and Company, vocal impressionist,
       ventriloquist, gags and comedy.
          (2) Publicity release of Betty Gromer, "acrobatic dancer in Spanish
       style, the only artist in Europe performing somersaults while playing castanets;,,
         (3) Photographs, and

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     (4) Clippings from unnamed and undated publications showing appearances of the couple as entertainers at cafes, restaurants, a music hall,
   hotels, and civic celebrations.
  These documents do not establish that the beneficiaries have played
starring or leading roles, that they have been prominently featured
by name as entertainers, nor that they have been acknowledged as
eminent by recognized critics or other experts in the field of entertainment. It is concluded that the petitioner has failed to establish
that the beneficiaries are eligible for classification under section
101(a) (15) (H) (1) as persons of distinguished merit and ability.
It is unnecessary, therefore, to consider whether the engagements
obtained or to be obtained by the petitioner in their behalf require
persons of such merit and ability. The appeal must be dismissed.
  It is ordered that the appeal be and the same is hereby dismissed.




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