dismissed EB-1A Case: Acting

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-L-K-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 26,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an actor and acting coach, seeks classification as an individual of extraordinary 
ability in the arts. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ 1153(b )(1 )(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their extraordinary ability through sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had not satisfied any of the ten initial evidentiary criteria, of 
which he must meet at least three. 
On appeal, the Petitioner contends that he meets six criteria and requests that we reconsider the 
decision denying the petition. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) ofthe Act makes visas available to immigrants with extraordinary ability if: 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
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Matter of J-L-K-
requirements. First, a petitiOner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships, and published material in certain media). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. US CIS, 596 F .3d 1115 (9th Cir. 20 I 0) 
(discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number ·of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
According to a letter of support from owner of the in Canada, 
the Petitioner has worked at that studio as an acting coach for the past five years. In addition, the 
Petitioner stated that he has "had talks with production companies and agents ... about starting an 
acting school as well as continu[ing] to act on their rosters." As he has not established that he has 
received a major, internationally recognized award, the Petitioner must satisfy at least three of the 
ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). On appeal, he asserts that he meets the following 
criteria: membership at 8 C.F.R. § 204.5(h)(3)(ii), published material at 8 C.F.R. § 204.5(h)(3)(iii), 
judging at 8 C.F.R. § 204.5(h)(3)(iv), leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii), high 
salary under 8 C.F.R. § 204.5(h)(3)(ix), and commercial successes at 8 C.F.R. § 204.5(h)(3)(x). 
Upon review of all of the evidence, we conclude that it does not support a finding that the Petitioner 
meets the plain language requirements of at least three criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes 
or awards for excellence in the field of endeavor. 8 C.F.R. § 204.5(h)(3)(i). 
Although the Petitioner does not claim this criterion on appeal, we note that the record contains a 
photograph of him holding a trophy. The award in the photograph, however, is not identified. In 
addition, the Petitioner offered two undated certificates acknowledging his ' 
nominations for ' and 
The 
record, however, does not include sufficient evidence to demonstrate that the nominations and the 
unidentified trophy are nationally or internationally recognized prizes or awards for excellence in 
acting. 
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Matter of J-L-K-
In addition, he submitted a letter of support from 
television producer, who stated: 
[The Petitioner] lent his talents to philanthropic causes for 
serving as host for our national anti-bullying campaign 
Petitioner] was host and subject of a 
a Canadian broadcast 
in 2010. [The 
winning documentary series that was the 
central focus of a very important campaign for our network. 
Without corroborative evidence indicating that the Petitioner received a or that 
such an award is a nationally or internationally recognized prize or award for excellence in acting, he 
has not established that he meets this regulatory criterion. 
Documentation of the alien 's membership in associations in the .fieldfor which class~fication 
is sought. which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or.fields. 8 C.F.R. § 204.5(h)(3)(ii). 
The record includes a letter from a membership representative for the 
stating that the Petitioner is a member in 
good standing. also asserted that "[t]o become eligible for membership, 
performers must fulfill the requirements of by competing against 
already established members in order to obtain three professional credits in the union's jurisdiction. 
In addition, full member applicants are required to take a Member Training course." The Petitioner, 
however, has not demonstrated that obtaining three professional credits and completing a member 
training course constitute outstanding achievements. Furthermore, the evidence does not indicate 
that members' achievements are judged by recognized national or international experts. 
The Petitioner therefore has not established that he meets this criterion. 
Published material about the alien in prqfossional or major trade publications or other major 
media, relating to the alien's work in the fieldfor which classification is sought. Such evidence 
·shall include the title, date, and author of the material, and any necessary translation. 8 C.F .R. 
§ 204.5(h)(3)(iii). 
The Petitioner contends that "[t]here were numerous newspaper, magazine, and online articles" 
submitted for this criterion, but he does not point to any specific articles, nor does the record include 
evidence to support his claim. As the Petitioner has not offered articles about himself in professional 
or major trade publications or other major media, he has established that he meets this regulatory 
criterion. 
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Matter of J-L-K-
Evidence of the alien's participation, either individually or on a panel, as a judge qfthe work 
of others in the same or an allied field of spec~fication for which classification is sought. 
8 C.F.R. § 204.5(h)(3)(iv). 
The record includes a letter from indicating that the Petitioner worked at the 
as an acting coach. In his appeal brief, the Petitioner contends that his job in the 
studio's acting program involves making judgements on others' performances. Providing instruction 
and training to acting students is not tantamount to participation as a judge of the work of others. 
The phrase "a judge" implies a formal designation in a judging capacity, either on a panel or 
individually as specified in the regulation at 8 C.F.R. § 204.5(h)(3)(iv). Informal instances of 
evaluating one's students as an acting coach do not meet the elements of this criterion. Furthermore, 
letter offered no description of how the Petitioner participated as a judge of the 
work of others at the If testimonial evidence lacks specificity, detail, or 
credibility, there is a greater need for a petitioner to submit corroborative evidence. Matter of Y-B- , 
21 I&N Dec. 1136 (BIA 1998). The letter from lacks specific information about the 
actors whose work the Petitioner judged and the performances he evaluated. Additionally, the 
Petitioner did not offer documentary evidence of his evaluations showing that he participated as a 
judge of the work of others consistent with this regulatory criterion. Without supporting evidence, 
the Petitioner has not met this criterion. 
Evidence qf the display qf the alien's work. in the .field at artistic exhibitions or showcases. 
8 C.F.R. § 204.5(h)(3)(vii). 
The Petitioner provided 
including 
regulatory criterion. 
documentation indicating that he performed in television productions, 
and Accordingly, he meets this 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguishedreputation. 8 C.F.R. § 204.5(h)(3)(viii). 
The record contains letters from and producers and co-creators of 
producer of and chairman and chief 
executive officer of a Canadian television content producer and distributor, stating that 
the Petitioner performed in a leading role as a main character for the television shows and 
The letters from and also mention that 
was the recipient of a for " ' but the record 
does not include information about this award or its level of prestige. The evidence offered is 
insufficient to show how the Petitioner's role for the aforementioned television shows was leading or 
critical for organizations or establishments, or to demonstrate that that they have earned a distinguished 
reputation. The Petitioner therefore has not established that he meets this criterion. 
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Matter of J-L-K-
Evidence that the alien has commanded a high salary or other sign{ficantly high remuneration 
for services, in relation to others in the fi eld. 8 C.F.R. § 204.5(h)(3)(ix). 
The Petitioner submitted paystubs and weekly timesheets from 2009 for According to 
his last paystub dated April 28, 2009, the Petitioner's year-to-date gross pay was $100,976. In 
addition, he provided two bank account statements reflecting balances of $78,496 and $49,239 as of 
September 30, 2016. The Petitioner, however, offers no basis for comparison indicating that he 
commanded a high salary relative to others in his field. The Petitioner must present evidence 
showing that he earned a high salary or significantly high remuneration in comparison with those 
performing similar services in the field. We find that the record includes insufficient documentation 
to establish that the Petitioner meets this regulatory criterion. 
Evidence of commercial successes in the performing arts, as shown by box office receipts or 
record, cassette, compact disk, or video sales. 8 C.F.R. § 204.5(h)(3)(x). 
The Petitioner contends that the letters from and 
illustrate that the television shows in which he performed "have been sold to networks around the 
world" and therefore are indicative of his commercial successes in the performing arts. For 
example, asserted that "ran on in Canada, 
in the U.S., and sold around the world." In addition, stated that 
and "have aired on both and ' and that the 
"shows are broadcast in more than 25 countries around the world." None of the aforementioned 
references' statements include or are supported by objective ratings data or sales statistics to 
substantiate the commercial success of and 
This criterion focuses on volume of sales and receipts as a measure of a petitioner's commercial 
success in the performing arts. Therefore, the fact that a petitioner has performed in film or 
television productions would be insufficient, in and of itself, to meet this criterion. The evidence 
must show that the volume of sales and receipts reflect his commercial success in the performing 
arts. Without corroborative evidence indicating that the Petitioner's shows have attracted substantial 
audiences or generated significant sales in the broadcasting market, the documentation submitted is 
·not sufficient to demonstrate that he meets this regulatory criterion. . 
III. CONCLUSION 
The Petitioner is not eligible because he has not submitted the required initial evidence of either a 
qualifying one-time achievement or documents that meet at least three of the ten criteria listed at 
8 C.F.R. § 204.5(h)(3)(i)-(x). Thus, we do not need to fully address the totality of the materials in a 
final merits determination . Kazarian, 596 F.3d at 119-20.1 Nevertheless , we advise that we have 
1 
In addition , as the Petitioner has not established his extraordinary ability under sect ion 203(b )(I )(A)(i) of the Act, we 
need not determine wheth er he is coming to "continue work in the area of extraordinary abilit y" under section 
203(b )(I )(A)(ii) . 
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Matter of J-L-K-
reviewed the record in the aggregate, concluding that it does not support a finding that the Petitioner 
has established the level of expertise required for the classification sought. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-L-K-, ID# 457574 (AAO July 26, 2017) 
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