dismissed EB-1A Case: Acting And Television Presenting

U.S. Citizenship 
and Immigration 
Services 
In Re: 6222950 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC. 10, 2019 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a television presenter and actress , seeks classification as an alien of extraordinary ability. 
See Immigration and Nationality Act (the Act) section 203(b)(l)(A) , 8 U.S.C. § 1153(b)(l)(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 petition , concluding that the Petitioner had 
satisfied only one of the initial evidentiary criteria, of which she must meet at least three. 
In these proceedings , it is the Petitioner's burden to establi sh eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review , we will dismiss the appeal. 
I. LAW 
Section 203(b )( 1) of the 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 in the area of 
extraordinary ability , and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
The tenn "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 a multi-part analysis . First , a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
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. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
II. ANALYSIS 
The Petitioner asserts that she has worked an actress, host, presenter, model, spokesperson, and 
journalist. Because the Petitioner has not indicated or established that she has received a major, 
internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). 
In denying the petition, the Director determined that the Petitioner fulfilled one of the initial 
evidentiary criteria, artistic display of her work at 8 C.F.R. § 204.5(h)(3)(vii). For example, the record 
reflects that the Petitioner modeled for fashion shows and performed as an actress in television soap 
operas. Accordingly, we agree with the Director that the Petitioner has satisfied the display criterion. 
On appeal, the Petitioner asserts that she meets additional evidentiary criteria, discussed below. After 
reviewing all of the evidence in the record, we conclude that the record does not support a finding that 
the Petitioner satisfies the requirements of at least three criteria. 
Documentation of the alien's membership in associations in the field for 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 Petitioner claims eligibility for this criterion based on membership with the Union of Artists and 
Technicians for Entertainment Shows ~--------~ and Union of Professional Journalists 
ofi I. In order to satisfy this criterion, the Petitioner must show that membership in 
the association is based on being judged by recognized national or international experts as having 
outstanding achievements in the field for which classification is sought. 1 
As it relates tol I the Petitioner provided the organization's bylaws from~---------
reflecting that applicants for membership must present an academic diploma in theater, choreography, 
or dramatic art; a "diploma or certificate corresponding to the professional qualifications of 2nd degree 
1 See USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form T-140 Petitions; 
Revisions to the Adjudicator's Field Manual ( AFM) Chapter 22.2, AFM Update AD 11-14 6 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html (providing an example of admission to membership in 
the National Academy of Sciences as a Foreign Associate that requires individuals to be nominated by an academy 
member, and membership is ultimately granted based upon recognition of the individual's distinguished achievements in 
original research). 
2 
of actor"; or a "certificate of professional qualification provided by the union representative of 
professional categories." In addition, I ts website indicates that those who do not have 
training in schools recognized by the Ministry of Education (Brazil) can "request froml lthe 
issuance of the Training Certificate and, with it, their Professional Registration (DRT) from the 
Regional Superintendent of Labor and Employment" through these steps: 
■ Reading the Normative Ruling and the Criteria for Training Certification Dubbing Direction 
■ Collect printed material proving experience in the intended function (in chronological order) 
■ Gather printed proofs of courses, workshops, lectures, etc. in the area (with respective menus 
and workload) 
■ Complete here the Application and Professional Profile Questionnaire 
■ Deliver the folder of printed materials at the headquarters ofl I or interior dL.. __ ____. 
■ Pay 50% training exam fee 
■ Wait fo~ ts email contact to confirm and schedule an interview 
■ Attend the interview 
■ In case of approval, attend the Lecture on Legislation lasting 4 hours and pay the administrative 
fee (50%) 
■ Withdraw the Certificate of Qualification and schedule the delivery of the documentation of 
the Professional Registry at SRTE (Regional Superintendence of State Work) 
With respect to fulfilling the aforementioned requirements to become a member ofl I, the 
Petitioner has not shown that presenting an arts diploma or earning a professional certificate is 
tantamount to outstanding achievements as required by this regulatory criterion. Furthermore, she has 
not established that outstanding achievements for membership are judged by recognized national or 
international experts. 
Regarding! I the Petitioner submitted a letter from the union president, screenshots from the 
organization's website, and its bylaws. The letter froml Is president and the website screenshots 
offer information about the organization's history and background, but this information does not 
indicate thatOrequires outstanding achievements of its members. According toc=Js bylaws, 
"[t]he following are requirements for affiliation as an effective member of the~- proof of 
professional registration in the legally competent body; II. - proof of habitual and paid professional 
exercise in the territorial base of the entity." The bylaws further state tha~umalism students may 
be admitted as members." In addition to not demonstrating that L_J requires outstanding 
achievements of its members, the aforementioned documentation does not show that admission to 
membership is judged by recognized national or international experts. Accordingly, the Petitioner has 
not established that she fulfills this criterion. 
Published material about the alien in professional or major trade publications or other 
major media, relating to the alien 's work in the field for 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). 
As documentation for this criterion, the Petitioner presented articles and photographs in FT Show, 
Jornal Zero Hora, Jornal da Semana, Reinaldo Lourenco Summer Collection Catalogue, Nova Navia 
Catalog, and Marie Claire, but the date and author for the majority of these articles were not identified 
3 
as required by the language of the regulation at 8 C.F.R. § 204.5(h)(3)(iii). In addition, the submitted 
material just briefly mentions the Petitioner or only includes her photograph. 2 Articles that are not 
about a petitioner do not fulfill this regulatory criterion. See, e.g., Negro-Plumpe v. Okin, 2:07-CV-
820-ECR-RJJ at *1, *7 (D. Nev. Sept. 8, 2008) (upholding a finding that articles regarding a show are 
not about the actor). Furthermore, the record does not include evidence showing that the 
aforementioned publications constitute major media. Based on the foregoing, the Petitioner has not 
established that she meets this criterion. 
Evidence of the alien's original scient[fic, scholarly, artistic, athletic, or business­
related contributions of major sign[ficance in the field. 8 C.F.R. § 204.5(h)(3)(v). 
As evidence under this criterion, the Petitioner submitted letters of support discussing her work in 
film, theater, television, advertising, fashion, and journalism. In order to meet this criterion, a 
petitioner must establish that she has made original contributions of major significance in the field. 
For example, a petitioner may show that her contributions have been widely implemented throughout 
the field, have remarkably impacted or influenced the field, or have otherwise risen to a level of major 
significance in the field. 
The Petitioner contends that she "has made original contributions of major significance in the field of 
Acting, Hosting, Presenting, and Spokesperson [sic]." She argues that evidence documenting her 
participation in various projects and the recommendation letters demonstrate her eligibility for this 
criterion. 3 As discussed below, these letters do not offer sufficiently detailed information, nor does 
the record include adequate corroborating documentation, to demonstrate the nature of specific 
"original" contributions that the Petitioner has made to the field that have been considered to be of 
"major significance." 
For example,.__ _______ a Brazilian film director and producer, stated that the Petitioner "is 
a reference in her profession in Brazil. I consider her a complete actress with extraordinary ability. 
She has already performed important works in the theater, television, dubbing and cinema industries, 
as well as having the background of presenter andjoumalist."I lforther indicated that the 
Petitioner performed in projects for his I I production company, but did not offer specific 
examples of how her work has risen to the level of contributions of major significance in the overall 
field. 4 
Likewise,! I another Brazilian film director and producer, asserted that the Petitioner's 
"experience in film, theater, television, and commercial work is vast, and her contributions to each 
project's success and originality have been substantial. These projects were made better because of 
her creative involvement." The record, however, does not include sufficient information or evidence 
2 For instance, the article in Jornal da Semana, entitled .__ _________ ___,' is about [ng)jsh designer 
I land does not mention the Petitioner. The Petitioner appears in a photograph wearing I 
fashions that accompanies the article. 
3 While we discuss a sampling of these letters, we have reviewed and considered each one. 
4 See USCIS Policy Memorandum PM-602-0005.1, supra, at 8-9; see also Visinscaia, 4 F. Supp. 3d at 134-35 (upholding 
a finding that a ballroom dancer had not met this criterion because she did not corroborate her impact in the field as a 
whole). 
4 
demonstrating that the Petitioner's work has affected the field in a substantial way or otherwise 
constitutes original contributions of major significance in her field. 
In addition, the Petitioner contends that her authorship of '.__ __________ ___. also 
represents an artistic-related contribution in her field. Her evidence, however, does not show that this 
article has widely influenced other performing artists or has otherwise received attention at level 
indicative of a contribution of major significance in her field. 
Letters that specifically articulate how a petitioner's contributions are of major significance in the field 
and her impact on subsequent work add value. 5 On the other hand, letters that lack specifics and use 
hyperbolic language do not add value, and are not considered to be probative evidence that may form 
the basis for meeting this criterion. 6 Moreover, USCIS need not accept primarily conclusory 
statements. 1756, Inc. v. The US. Atty Gen., 745 F. Supp. 9, 15 (D.C. Dist. 1990). Without sufficient 
information and evidence demonstrating that her work constitutes original contributions of major 
significance in the field, the Petitioner has not established that she meets this criterion. 
Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the.field. 8 C.F.R. § 204.5(h)(3)(ix). 
As documentation for this criterion, the Petitioner initialll submitted a February 2018 letter from the 
chief executive officer ofl O • __, in I !offering her a part-time position 
as a media advertiser with compensation of "$10,000 U.S. for each campaign." The Petitioner, 
however, did not present comparative evidence demonstrating that this remuneration is high relative 
to other media advertisers working in the United States. 
In addition, the Petitioner submitted income statements from her company and accountant reflecting 
her earnings in Brazil from 2012 until 2016. To resoou~, to the Directpr's re uest for evidence she 
provided contracts with I I J J I J 
I I and I I for h~e_r_s-er-v-ic-e~s in Brazil. She also submitted~---~ 
"Guidelines for Advertising and Advertising Agencies" listing union recommended minimum wages 
for advertising and television work. The Petitioner, however, must demonstrate that she has earned a 
high salary or other significantly high remuneration relative to others in her field and not just a salary that 
is above the union recommended minimum wage. 
The Petitioner must present evidence showing that she has earned a high salary or significantly high 
remuneration in comparison with those performing similar services in the field. See Matter of Price, 
20 I&N Dec. 953, 954 (Assoc. Comm'r 1994) (considering a professional golfer's earnings versus 
other PGA Tour golfers); see also Skokos v. US. Dept. of Homeland Sec., 420 F. App'x 712, 713-14 
(9th Cir. 2011) (finding salary information for those performing lesser duties is not a comparison to 
others in the field); Crimson v. INS, 934 F. Supp. 965, 968 (N.D. Ill. 1996) ( considering NHL 
enforcer's salary versus other NHL enforcers); Muni v. INS, 891 F. Supp. 440, 444-45 (N. D. Ill. 1995) 
( comparing salary of NHL defensive player to salary of other NHL defensemen). Without 
5 See USCTS Policy Memorandum PM-602-0005.1, supra, at 8-9. 
6 Id. at 9. See also Kazarian, 580 F.3d at 1036, affd in part 596 F.3d at 1115 (holding that letters that repeat the regulatory 
language but do not explain how an individual's contributions have already influenced the field are insufficient to establish 
original contributions of major significance in the field). 
5 
documentation demonstrating that the Petitioner's compensation constituted a high salary or was 
significantly high in relation to others in the field, she has not established that she 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). 
advertisements for I I , ~-----~ I I, I I 
As evidence for thig·. the Petironer plesented documentation indicating that she appeared in 
.__ _ __.I, I l and nd information about these companies. In addition, she provided media 
articles discussing television programs in which she appeared. On appeal, the Petitioner argues that 
"in the world of television and advertising, there are no tickets sold." The Petitioner farther states that 
she "provided information regarding the success of the companies for which she appeared in 
advertising, and several articles regarding the success of the television programs she appeared in." 
The regulation at 8 C.F.R. § 204.5(h)(3)(x) requires evidence of the Petitioner's commercial success, 
"as shown by box office receipts or record, cassette, compact disk or video sales." While the Petitioner 
has appeared in advertisements for various companies and television programming, she has not shown 
that the success of those companies and television shows was attributable to her specific work as an 
actress, television host, or spokesperson. Furthermore, she has not demonstrated that her televised 
performances have attracted substantial audiences or that her advertising work generated significant 
sales. In order to meet this criterion, the evidence must show that the volume of sales and box office 
receipts reflect a petitioner's commercial successes relative to others involved in similar pursuits in 
the performing arts. 7 Here, the record does not include evidence identifying the Petitioner as having 
commercial successes relative to other performing artists. Nor is the evidence sufficient to 
demonstrate that the commercial successes of the aforementioned companies and television programs 
in which she appeared were mainly because of the Petitioner's work. 8 For the above reasons, the 
Petitioner has not established that she satisfies this criterion. 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
documents that meet at least three of the ten criteria. As a result, we need not provide the type of final 
merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise that we 
have reviewed the record in the aggregate, concluding that it does not support a finding that the 
Petitioner has established the acclaim and recognition required for the classification sought. 
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields, rather than for individuals progressing toward the top. USCIS has long held 
that even athletes performing at the major league level do not automatically meet the "extraordinary 
ability" standard. Matter of Price, 20 I&N Dec. at 954. Here, the Petitioner has not shown that the 
significance of her work is indicative of the required sustained national or international acclaim or that 
7 See USCIS Policy Memorandum PM-602-0005.1, supra, at 11-12. 
8 For example, with respect to the Brazilian soap operas in which she acted, the Petitioner has not shown that their television 
ratings or viewing audience increased significantly once she joined their acting cast. 
6 
it is consistent with a "career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. 
No. 101-723, 59 (Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. Moreover, the record does 
not otherwise demonstrate that the Petitioner has garnered national or international acclaim in the field, 
and she is one of the small percentage who has risen to the very top of the field of endeavor. See 
section 203(b)(l)(A) of the Act and 8 C.F.R. § 204.5(h)(2). 
For the reasons discussed above, the Petitioner has not demonstrated her eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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