On May 15, 2012, the Administrative Appeals Office (AAO) of the US Citizenship and Immigration Services (USCIS) issued a binding precedent decision in Matter of Skirball Cultural Center. The AAO held that the term "culturally unique," as used in the context of P-3 nonimmigrant visa petitions, is not limited to traditional art forms and may include artistic expression that is a hybrid or fusion of more than one culture or region.

In Skirball, a museum and cultural center filed a nonimmigrant petition seeking classification of members of an Argentine musical group as entertainers in a culturally unique program. The petition was denied on the ground that the evidence showed that the group performs in a hybrid or fusion musical style, and that a hybrid or fusion form of artistic expression cannot be considered culturally unique to a particular country or group of persons.

On appeal, the AAO acknowledged that, under federal regulations, artistic expression that is culturally unique must be "unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons." This determination involves a case-by-case factual analysis in which the plaintiff bears the burden of establishing, by a preponderance of the evidence, that the artistic expression qualifies as culturally unique.

However, the AAO held that the regulations do not limit the expression itself to traditional art forms, but may include hybrid or fusion styles crossing regional, ethnic or other boundaries.

Applying its reasoning to the case, the AAO found that the music of the group in question, being representative of Argentine Jewish culture, qualified as culturally unique despite reflecting varied musical influences, and ordered approval of the petition.

As a precedent decision, Skirball is legally binding on DHS entities enforcing immigration laws.