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the best-in fact the only-evidence she has available. It must, therefore, be accorded the most careful and objective evaluation possible, in the light of acceptable official knowledge.

Our careful review of this record fails to reveal that the special inquiry officer has complied with the foregoing fundamental requirements herein. We will, therefore, remand the case to said official for appropriate action accordingly. In this connection, the respondent should be given the opportunity to present any obtainable pertinent evidence supporting her application.

ORDER: It is ordered that the special inquiry officer's decision of December 7, 1965 be withdrawn and that the case be remanded to said official for appropriate action not inconsistent with the foregoing opinion.

MATTER OF LAMBETH PRODUCTIONS

In Visa Petition Proceedings

NYC-N-18805

Decided by Regional Commissioner January 4, 1966

Beneficiaries, members of a British theatrical group-8 members of which participated in a theatrical tour of American colleges and universities ending in 1965-whose services are desired for a period of 6 months to perform at Douglass College in New Jersey and at St. Marks Playhouse in New York City, are ineligible for nonimmigrant classification under section 101(a) (15) (H) (i), Immigration and Nationality Act, since it has not been established that these aliens, either individually or as a group, have achieved sufficient prominence in the acting field or received favorable acclaim by recognized theatrical experts who have actually witnessed their performances; their competent presentations on college campuses are inadequate to establish they are actors of distinguished merit and ability and the services to be performed by them are not of an exceptional nature requiring such merit and ability; further, the opinion of the relating organization or association described the beneficiaries as young amateurs who have not appeared professionally and decidedly are not of distinguished merit and ability.

This matter is before the Regional Commissioner on appeal from the denial of the visa petition to classify the benficiaries as nonimmigrants under section 101(a) (15) (H) (i) of the Immigration and Nationality Act.

The thirteen individuals in whose behalf the instant petition has been filed are members of a British theatrical group who entered the United States on November 17, 1965 as temporary visitors for business. The petition states that their services are sought for a period of six months at a salary of $65 each per week plus $15 for expenses. They are to perform at Douglass College in New Brunswick, New Jersey and at St. Marks Playhouse in New York City. In support of this petition, there have been furnished eleven undated newspaper items relating to the performances of a predecessor troupe, Theatre Group 20, in which eight members of the present company participated in a theatrical tour of American colleges and universities which

terminated in the spring of 1965. The articles reflect that the cast's repertoire of English plays, highlighted by John Gay's "The Beggar's Opera", received laudatory reviews on the basis of these school performances. It has been asserted that the character and technique of that group, exemplifying the approach to modern theater stressed by Drama Centre, London, have been retained by the present company.

In connection with the instant appeal, there have been submitted statements from various college representatives, theatrical personages and other individuals attesting to the artistic ability, dedication and professional quality of the group and urging that they be permitted to perform in the United States.

Careful consideration has been accorded this matter in the light of the representations made on appeal. The evidence of record reflects generally that the beneficiaries are serious young performers who are deemed to be worthy of support and encouragement because of their enthusiastic dedication to the theater and their unique approach to acting. However, their competent presentations on college campuses are hardly adequate to establish that they are actors of distinguished merit and ability. It has not been substantiated that these aliens either individually or as a group-have achieved sufficient prominence in the acting field or received favorable acclaim by recognized theatrical experts who have actually witnessed their performances. In this connection, it is noted that Actors' Equity Association, an organization which is knowledgeable in matters relating to legitimate theater productions, has described the beneficiaries as young amateurs who have not appeared professionally and who are decidedly not of distinguished merit and ability. Further, we find it has not been substantiated that the services to be performed by these beneficiaries are of an exceptional nature requiring such merit and ability.

In view of the foregoing, it is concluded the petitioner has failed to satisfactorily establish that the aliens are entitled to H-1 classification. In the absence of a clearance order from the United States Employment Service, consideration cannot be given to their eligibility for nonimmigrant classification under section 101(a) (15) (H) (ii) of the Act. This appeal, therefore, will be dismissed.

ORDER: It is ordered that the appeal be and same is hereby dismissed.

MATTER OF SALAMA

In Deportation Proceedings

A-10753303

Decided by Board March 28, 1966

Respondent's application under section 243 (h), Immigration and Nationality Act, as amended, to withhold deportation to the United Arab Republic (Egypt) is granted since he, a person of the Jewish faith, would be subject to persecution in that country because of his religion.

CHARGE:

Order: Act of 1952-Section 241(a)(2) [8 U.S.C. 1251(a) (2)]—Exchange visitor-remained longer.

The special inquiry officer found respondent deportable upon the ground stated above, but under section 243 (h) of the Act granted his application for withholding deportation to the United Arab Republic (Egypt). The special inquiry officer found that respondent, a person of the Jewish faith would be subject to persecution in the United Arab Republic because of his religion. He certified his order to the Board because the phrase "persecution on account of race, religion, or political opinion" had not been construed by the Board.

We believe the special inquiry officer properly found that the record established that a government campaign of discrimination was responsible for the departure of some 37,000 Jews from Egypt since 1954, leaving only between 3,000 and 4,000, including many who are aged and ill. In addition, evidence that the Medical Association of Egypt had directed the Egyptian populace to refrain from consulting Jewish surgeons and physicians for any cause, and that Jewish professional men have been dropped from the rolls of professional societies, establishes respondent would face persecution in Egypt because of his religion.

ORDER: It is ordered no change be made in the order of the special inquiry officer.

MATTER OF MORRIS

In Visa Petition Proceedings

A-13855658

A-13855659

Decided by Board April 5, 1966

Beneficiaries, illegitimate children of the husband of the U.S. citizen petitioner, are not stepchildren of the latter within the meaning of section 101 (b) (1) (B), Immigration and Nationality Act, as amended, since a steprelationship does not exist as the petitioner has seen the beneficiaries only for very brief periods of time subsequent to her marriage to their natural father and a family unit between the parties has never existed, beneficiaries having been reared by their natural father's brother.

The cases come forward on appeal from the order of the District Director, dated February 18, 1966, denying the visa petitions for the reason that the facts presented disclose that the petitioner's husband, the putative father, was never married to the respective mothers of the beneficiaries and that the beneficiaries have not been otherwise legitimated; it is concluded that the beneficiaries are not children as defined in section 101 (b) (1) of the Act.

The petitioner, a native-born citizen of the United States, 44 years old, female, married Stanley Arthur Morris, a native of Jamaica and a naturalized citizen of the United States on March 10, 1956 at St. Albans, New York. The beneficiaries are the illegitimate children of the husband and it is claimed that by virtue of the marriage, a steprelationship exists for immigration purposes between the petitioner and the beneficiaries. The beneficiaries are natives and citizens of Jamaica, born January 22, 1954 and September 27, 1951.

A sworn statement was taken from the putative father, the husband of the petitioner, on January 21, 1966. He testified that he is the natural father of the beneficiaries who were born out of wedlock from his relationship with two different women. They bear the surname of the natural father but the name of the father is omitted from their birth certificates. The affiant stated that the

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