Interim Decision #1906 

MATTER OF TAGAWA 

In Visa Petition Proceedings 

' A-14557682 

Decided by District Director August 11, 1967 

Beneficiary, a person of exceptional ability in the art of puppetry, is eligible 

for preference status under section 208 (a) (3) of the Immigration and Nationality Act, as amended. 

Ow Mauls,OP Pawnor= s Norman Stiller, Esquire 

995 Market Street 

San Francisco, California 94103 

The petition seeks to classify the beneficiary as a preference 

immigrant under section 203 (a) (3) of the Immigration and Nationality Act, as amended, based upon her exceptional ability as a 

puppeteer. 

The beneficiary is a citizen of Japan, born March 12, 1925 in 

Pyongang, Korea. She performed with the Takeda San-Nosuke 

Troupe, Tokyo, Japan, from April 1959 to August 1962, and with 

Philippe Genty, Director fo the Expedition Alexandre, from August 1962 to February 1965. 

Section 203 (a) (3) of the Act, as amended, provides for the 

availability of visas to qualified immigrants who are members of 

the professions, or who because of their exceptional ability in the 

sciences or the arts, will substantially benefit prospectively the 

national economy, cultural interests or welfare of the United 

States. 

As will be noted, eligibility for preference classification under 

section 203 (a) (3) is divided into two categories, those aliens who 

are members of the professions and those aliens who possess exceptional ability in the sciences or the arts. Section 101 (a) (32) of 

the Act, as amended, defines the term "profession." However, no 

definition of the terms "arts" or "sciences" is contained within 

the Act. The term "profession" is defined as including, but not 

being limited to architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, 

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Interim Decision #1906 

academies or seminaries. It should be noted that each of the occupations listed bears two common characteristics. Recognition of 

professional status in those fields is generally achieved through 

high education or the equivalent in specialized experience, and the 

attainment of a specified type of degree or diploma which is 

usually the minimum requirement for entry into those occupations. (Matter of Asuncion, ii. I. & N. Dec. 660). 

Art always relates to something to be done, science to something to be known. Not only must art be distinguished from science, but art in the industiral or mechanical sense, must be 

distinguished from art in the esthetic sense; the former aims 

chiefly at utility, the latter at beauty. The mechanic arts are the 

province of the artisan; the esthetic or fine arts, the arts of 

beauty, such as painting, sculpture, music and poetry, are the province of the artist. All the industrial arts, as of weaving or painting, arithmetic or navigation, are governed by exact rules. Art in 

the highest sense, transcends all rule. Science does not, like mechanic arts, make production its direct aim, yet its possible productive application is a constant stimulus to scientific investigation. Creative art, seeking beauty for its own sake, is closely akin 

to pure science, seeking knowledge for its own sake. (Funk and 

Wagnalls, Standard Home Reference Dictionary). 

Whereas an engineer, a lawyer, a physician, or a teacher, having attained his education, might reasonably be expected to successfully practice his profession, such is not the case in the arts. 

In the arts, success or recornition comes to the individual solely 

through his creative ability. 

Thus, there have been set different evidentiary requirements to 

establish an alien's exceptional ability in the sciences or the arts. 

These requirements are set forth in Title 8, Code of Federal Regulations, ' Part 204.2(f), as follows: "if the alien's eligibility is 

based on a claim of exceptional ability in the sciences or the arts, 

documentary evidence supporting the claim must be submitted by 

the petitioner. Such evidence may attest to the universal acclaim 

and either the national or international recognition accorded to 

the alien; that he has received a nationally or internationally recognized prize or award, or won a nationally or internationally 

recognized competition for excellence for a specific product or 

performance or for outstanding achievements; or that he is a 

member of a national or international association of persons 

which maintains standards of membership recognizing outstanding achievements, judged by recognized national or international 

experts in a specific discipline or field of endeavor. An affidavit 

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Interim Decision #1906 

attesting to an alien's exceptional ability in the sciences or the 

arts, must set forth the name and address of the affiant, state 

how he has acquired his knowledge or the alien's qualifications, 

and must describe in detail the facts on which the affiant bases 

his assessment of the alien's qualifications." 

As previously indicated, the fine arts are -painting, sculpture, 

music and poetry. These have in recent times, been extended to 

include drawing, architecture, dancing and dramatic art. Webster's New International Dictionary, Second Edition, unabridged, 

defines a puppet show as a "dramatic performance, usually grotesque or burlesque, carried on by means of puppets, often with 

dialogue spoken by those moving the puppets." Thus, through 

modern definition, it must be acknowledged that puppetry falls 

within the fine arts. 

The beneficiary was formally a member of the Takeda San-Nosuke Troupe of Tokyo, Japan. This troupe was so highly thought 

of in Japan that the director of the troupe was honored as a living cultural asset, and was given the honorary title of "National 

Treasure of Tokyo." - 

Affidavits attesting to the beneficiary's exceptional ability have 

been submitted by Melvin B. Helstien, Associate Professor of 

Theatre Arts, University of California, Los Angeles; John U. 

Zweers, Executive Secretary, Los Angeles County Guild of Puppetry; Archie Elliott, President, The Puppeteers of America; Lucille 

M. Cole, President, The Chicagoland Puppetry Guild; Bil Baird, 

Executive Director, American Puppet Arts Council; Marjorie B. 

McPharlin, International Representative, The Puppeteers of 

America; Richard G. Adams, Ph.D., Chairman, Theatre Arts Department, California Lutheran College; and Mollie Falkenstein, 

Vice-President, Puppeteers of America. Miss Falkenstein rates 

the beneficiary as, "one of the finest manipulators and creators of 

puppets in the entire world." 

The beneficiary was awarded the Los Angeles County Puppetry 

Guild's International Award for her outstanding contribution to 

the advancement of the art of puppetry for the year 1965-66. 

The evidence submitted establishes that the beneficiary is a 

person of exceptional ability in the art of puppetry who will substantially benefit prospectively the cultural interests of the 

United States. 

ORDER: It is ordered that the petition to classify the status of 

Michiko Tagawa as a preference Immigrant under section 

203 (a) (3) of the Immigration and Nationality Act, as amended, 

be and is hereby approved. 

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