dismissed EB-1A Case: Advertising

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-U- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 27, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a record label, seeks to classify the Beneficiary 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)(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 Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Beneficiary had satisfied only two of the ten initial evidentiary criteria, 
of which he must meet at least three. 
On appeal, the Petitioner submits additional documentation and a brief asserting that the Beneficiary 
fulfills at least three of the ten criteria. 
Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) 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 m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
Matter ofT-U-LLC 
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 
requirements. First, a petitioner can demonstrate that a beneficiary has a one-time achievement (that 
is a major, internationally recognized award). Alternatively, a petitioner must provide documentation 
for an individual 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). The regulation at 8 C.F.R. § 204.5(h)(4) allows a petitioner to submit comparable material if 
it is able to demonstrate that the standards at 8 C.F.R. § 204.5(h)(3)(i)-(x) do not readily apply to a 
beneficiary's occupation. 
Where a beneficiary 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) 
( 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 of Chawathe, 25 I&N Dec. 369,376 (AAO 2010). 
II. ANALYSIS 
A. Evidentiary Criteria 
The Beneficiary serves in the position of creative director for the Petitioner in New York. Because 
the Petitioner has not indicated or established that the Beneficiary has received a major, internationally 
recognized award, he 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 found that the Beneficiary met the leading 
or critical role and high salary criteria under 8 C.F.R. § 204.5(h)(3)(viii) and (ix), respectively. On 
appeal, the Petitioner maintains that the Beneficiary also meets the awards, membership, published 
material, judging, and original contributions criteria at 8 C.F.R. § 204.5(h)(3)(i)-(v). Upon review, we 
conclude that the record does not support a finding that the Beneficiary meets the 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). 
In order to fulfill this criterion, the Petitioner must demonstrate that the Beneficiary's prizes or awards 
are nationally or internationally recognized for excellence in the field of endeavor. 1 Relevant 
1 See USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form I-140 Petitions; 
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considerations regarding whether the basis for granting the prizes or awards was excellence in the field 
including, but are not limited to, the criteria used to grant the prizes or awards, the national or 
international significance of the prizes or awards in the field, and the number of awardees or prize 
recipients as well as any limitations on competitors. 2 
As evidence under this criterion, the Petitioner presented evidence that the Beneficiary and his 
coworkers received three Clio Awards for creativity in advertising or sports: gold in the "Experiential" 
category of the I I medium (2014 ), bronze in the "Experiential" category of the I I 
I O O I medmm (2014), and silver in the "Commercials 
category of the I I medium (2016). 3 While the record includes inform~a-t-io_n_a_b_o_u_t-th_e_C_l-io_A_w_a_r_d~s 
from its website and Wikipedia, and two articles in Forbes ~ 12015 and I I 2017) 
identifying multiple "Grand Clio" winners as those receiving "the biggest prize," the Petitioner has 
not demonstrated that the Beneficiary's aforementioned gold, silver, and bronze awards are nationally 
or internationally recognized prizes or awards for excellence in the field. 4 
In addition, the record indicates that the Beneficiary and his colleagues' entries were named as a 
"finalist" in the category at the 2014 Cannes Lions International Festival of 
Creativity, the~_~category at the 2014 New York Festivals International Advertising Competition, 
and the 2014 "Cannes Young Lions" film competition (Germany). With the appeal, the Petitioner 
provides coverage from Business-Standard.com D 2017) and CBSnews.com Q 2018) 
describing Cannes Lions as "the Oscars of advertising," but these articles do not discuss ThtC I 
Lions" film competition, the Beneficiary's creative work, or the significance of being recognized as a 
"finalist." While the aforementioned competitions included participants from multiple nations, the 
record does not contain sufficient evidence to demonstrate that the Beneficiary's standing as a 
"finalist" constitutes a nationally or internationally recognized prize or award for excellence in his 
field. 5 
Furthermore, the Beneficiary and his coworkers' advertising projects received a prize for "distinction" 
in the I ~gory at the 2014 Art Directors Club (Germany) competition for their I I I ~---- advertisement. This I O I advertisement was also selected for a Favorite 
Website Award (FWA) "of the day" by TheFWA.com and for "Site of the week" by Awwwards.com. 
Additionally, the record shows that the Beneficiary and two others shared a silver trophy at the 2011 
Art Directors Club Junior Competition. Moreover, he was among hundreds of individuals who 
received an Applied Arts Student Award in 2011. Although the Petitioner provided screenshots and 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 6 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html. 
2 Id. 
3 Clio Awards include six recognition programs for creative businesses in "advertising, sports, fashion, music, 
enteitainment, and health." See https://clios.com/about, copy incorporated into the record of proceedings. For example, 
in 2014, the Clio Awards recognized 1,215 advertising entries, 199 spolts entries, 174 fashion entries, 372 entertainment 
entries, and 126 health entries. In addition, the record indicates that multiple gold, silver, and bronze Clio awards are 
presented in each specific category. 
4 The coverage in Forbes may demonstrate that the small number of"Grand Clio" prizes are nationally recognized, but the 
Beneficiary was not a "Grand Clio" recipient. Rather, the Beneficiary was among thousands who annually receive a gold, 
silver, or bronze Clio award. 
5 The issue here is not the national or international scope of the Beneficiary's competitions, but rather whether his specific 
awards are "nationally or internationally recognized prizes or awards for excellence in the field." 
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Matter ofT-U-LLC 
other information from the competitions' organizers regarding these awards, it did not offer sufficient 
evidence of their national or international recognition for excellence in the field. For instance, the 
screenshot from Applied Arts claimed that "[t]he student winners chosen by our judges are definitely 
up-and-comers worth keeping an eye out for," but such information is insufficient to demonstrate that 
the aforementioned award is a nationally or internationally recognized prize or award for excellence 
in the field. The Petitioner has not established therefore that the Beneficiary meets this regulatory 
criterion. 
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 argues that the Beneficiary meets this criterion based on membership with the XH 
Collective (XHC) and the One Club for Art and Copy (OCAC). 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. 6 The record reflects that the Petitioner submitted letters from XHC and OCAC 
identifying the Beneficiary as a member and screenshots from the associations' websites. Although 
the screenshots relate to the background and history of XHC and OCAC, the Petitioner did not provide 
their membership requirements, so as to demonstrate that they require outstanding achievements, as 
judged by recognized national or international experts in the field consistent with the regulation at 
C.F.R. § 204.5(h)(3)(ii). As such, the Petitioner did not establish that the Beneficiary 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 necessa,y 
translation. 8 C.F.R. § 204.5(h)(3)(iii). 
The record contains various screenshots that mention .__ ________ ~_....., a portfolio site 
created by the Beneficiary and .__ ______ _. to promote their work. These screenshots 
fromCreativity-online.com, AdWeek.com, AdRants.com, MediaBistro.com, Businesslnsider.com, 
www.ddb.fr, and www.page-online.de did not include a full copy of the articles discussing the 
Beneficiary's work. Moreover, the authors of the aforementioned material were not identified, nor 
has the Petitioner presented comparative statistics or other evidence indicating that these websites' 
readership elevates them to major media relative to other publications. 
In addition, the Petitioner presented screenshots about branding, marketing, and design projects for 
various companies, organizations, and products, such as the National Basketball Association (NBA), 
6 See USCIS Policy Memorandum PM 602-0005.1, supra, at 6 (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). 
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Matter ofT-U-LLC 
Vodafone, Mercedes Benz, and Riot Raki, rather than published material about the Beneficiary. 7 
Articles that are not about a beneficiary do not fulfill this regulatory criterion. See, e.g., Negro-Plwnpe 
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). 8 In fact, many of these screenshots never mention the 
Beneficiary, let alone reflect published material about him. Finally, the record does not show that any 
of the remaining articles submitted for this criterion were about the Beneficiary, appeared in major media, 
or identified an author. For the above reasons, the Petitioner has not established that the Beneficiary 
meets this regulatory criterion. 
Evidence of the alien's participation, either individually or on a panel, as a judge of 
the work of others in the same or an allied.field of specification for which classification 
is sought. 8 C.F.R. § 204.5(h)(3)(iv). 
For this criterion, the Petitioner submitted an August 2014 letter from the office manager for "Miami 
Ad School Europe inl I" Germany, stating in full: "Herewith confirm that [the Beneficiary] 
hold [sic] several lectures at Miami Ad School Europe and judged as well the quarterly exhibitions." 
In addition, the record includes an undated letter from ~----___.cofounder of 1 I 
inl t Russia, asserting that she is "teaching the creative talents of Russia at MADS School." 9 
I I indicated that in her position at MADS School, she "founded the MADS Award that 
honors the best work among the young talents. To do that I gather the best creatives in our industry 
and judge their work on a yearly routine. On this regard I confirm that [the Beneficiary] has judged 
the MADS award in 2013." 10 
The aforementioned letters, however, did not discuss whose work the Beneficiary judged or the 
specific projects he evaluated. Furthermore, the Petitioner did not offer information about the MADS 
School, its academic programs, or the area of focus for the MADS A ward program. Without sufficient 
information and evidence demonstrating that the Beneficiary's activities with MADS School and 
Miami Ad School Europe constituted his participation, either individually or on a panel, as a judge of 
the work of others in the field, the Petitioner has not established that the Beneficiary 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). 
7 We acknowledge that several of the news outlets covering these projects are major media (such as USA Today and Dailv 
Mail), but their material was not about the Beneficiary. 
8 See USCIS Policy Memorandum PM 602-0005.1, supra, at 7 (finding that the published material should be about the 
Beneficiary relating to his work in the field, not just about his or her employer or another organization with whom he or 
she is associated). 
9 Her letterhead, however, is not from the MADS School. 
10 The record also contains a letter prepared byl I, an associate professor at the School of the Art Institute of 
I pffering "an independent evaluation of the professional credentials" of the Beneficiary. He contends that the 
Beneficiary was selected to serve as a judge for Miami Ad School Europe quarterly exhibitions and the MADS Awards, 
but does identity the particular evidence upon which his conclusions are based. 
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Matter ofT-U-LLC 
In order to meet this criterion, a petitioner must establish that the beneficiary has made original 
contributions of major significance in the field. 11 For example, a petitioner may show that a 
beneficiary's 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. 
Here, we will address the Petitioner's arguments on appeal and determine whether the Beneficiary has 
demonstrated original contributions of major significance in the field consistent with this regulatory 
criterion. 
The Petitioner contends that the Beneficiary's I campaign for the NBA ' 
campaign for Vodafone, I I campaign for Mercedes Benz, .__ _____ __. m1trnt1ve, 
I !artificial intelligence art project, and I !data marketplace project represent 
artistic contributions of major significance in his field. 12 In support of this claim, the Petitioner points 
to awards that these campaigns received, media coverage relating to the Beneficiary's advertising 
projects, and letters of support from others in the field discussing his work. 
With respect to awards received by creative projects undertaken by the Beneficiary and his colleagues, 
the Petitioner has not shown that these awards reflect that his advertising work has risen to the level 
of major significance in the field consistent with this regulatory criterion. As discussed under the 
awards criterion, the Petitioner did not establish the national or international recognition or 
significance of the Beneficiary's awards in the field. Moreover, the Petitioner has not shown, for 
example, the substantial impact the Beneficiary's advertisements and digital media work have had in 
the greater field or explained how they are otherwise majorly significant in the creative direction field. 
Regarding media coverage of the Beneficiary and his colleagues' advertising projects, the Petitioner 
provided various articles describing the NBA I ~" Vodafone 'I ~" and Mercedes Benz 
I I commercials. The Petitioner, however, has not shown that the Beneficiary's creative 
direction work on these projects has received attention from the press in a manner indicative of major 
significance in the field. For example, al 12016 article in USA Today discussed how the NBA 
released a new commercial to promote its Saturday night games. This article did not mention the 
Beneficiary or discuss how his specific work on that commercial represents an original contribution 
of major significance in the field of creative direction. Likewise, the record includes a I I 2016 
article from ShootOnline.com entitled "Top Spot of the Week: NBA's I I Directed bye=] 
,__ __ ___,I While this article has a "credits" section that listed the Beneficiary among more than 25 
other contributing staff: it did not speak to his particular art direction work or explain its major 
significance in the field. The record contains additional articles showing that the Beneficiary's 
advertising and promotional projects have garnered media attention, but these articles did not 
demonstrate that his original work has widely influenced others in the advertising industry or 
otherwise constitutes contributions of major significance in the creative direction field. 
11 See USCIS Policy Memorandum PM 602-0005.1, supra, at 8. 
12 While the Beneficiary worked on these adveitising campaigns, we note that many other staff also contributed to these 
projects. For example, 13 other employees rrom the Petitioner shared the NBA I I campaign Clio Sports silver 
award with the Beneficiary in 2016. 
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Matter ofT-U-LLC 
As farther evidence under this criterion, the Petitioner asserts that letters written on the Beneficiary's 
behalf affirm "the significance and originality of his work." Although these letters confirmed his work 
on advertising projects and praised his talents and abilities, they did not explain or indicate how his 
creative work rises to the level of original contributions of major significance in the field. 13 For 
instance, I I executive creative director for I I a diJital creative 
agency, noted that he tutored the Beneficiary "in his final quarter at Miami Ad School in I 
He farther stated: "I vouch for his superb skills in art direction and conceptual thinking. I'm following 
his work ever since and love his personal work as well as his well thought campaigns for big brands 
such as Mercedes Benz or Vodafone." Whilel I mentioned the Beneficiary's advertising 
projects for clients such as Mercedes Benz and Vodafone, he did not provide specific examples of how 
the Beneficiary's work on their campaigns has widely affected the industry or has otherwise risen to 
the level of contributions of major significance in the creative direction field. 
In addition,~-------~ managing director ofl la German communication agency, 
asserted that the Beneficiary's "ability to craft storytelling is uniquely persuasive and effective. His 
use of digital media in his campaigns is exquisite and always well crafted. Moreover, he is incredibly 
adept at the difficult task of cross-culture advertising." Here,~------~ did not articulate 
the significance of the Beneficiary's work in the greater field. Further, having a diverse, unique, or 
special skill set is not a contribution of major significance in-and-of-itself Rather, the record must be 
supported by evidence that the Beneficiary has already used those skills and abilities to impact the 
field at a significant level, which has not been shown. 
Furthermore, with regard to the Beneficiary's i I' project, I I I, managing director 
of I I an advertising agency, stated that the Beneficiary and his partner in the Y P 
Collective experimented with the concept of using data as a modem-day currency. 
explained that "they convinced the shop-owner of an exclusive high-fashion boutique in ~--~to 
let them do a pop-up in his premium foot-trafficked shop. They created the first supermarket in the 
world where customers paid for groceries with I I data. It was calledl I' :While this 
project garnered media attention for its novelty, the record does not show thatl lexpanded 
to other stores in Germany or elsewhere, or otherwise had a meaningful impact to the overall field. 
With respect to the Beneficiary's 'I I' initiative and I I artificial intelligence 
art project, the remaining letters do not offer sufficiently detailed information, nor does the record 
include adequate corroborating documentation, to demonstrate that his work on these projects has been 
considered to be of major significance in the field ofcreative direction. The language of this regulatory 
criterion requires that the Beneficiary's original contributions be "of major significance in the field" 
rather than mainly affecting his employers or clients. See 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). Without sufficient evidence demonstrating that his work constitutes 
original contributions of major significance in the field, the Petitioner has not established that the 
Beneficiary meets this criterion. 
13 While we discuss a sampling ofletters, we have reviewed and considered each one. 
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Matter ofT-U-LLC 
Evidence that the alien has performed in a leading or critical role/or organizations or 
establishments that have a distinguished reputation. 8 C.F.R. § 204.5(h)(3)(viii). 
The Director found that that the Petitioner had demonstrated the Beneficiary's eligibility under this 
criterion. For the reasons outlined below, we find that the Petitioner has not submitted sufficient 
documentary evidence showing that the Beneficiary meets the requirements of this criterion. 
Accordingly, the Director's determination on this issue will be withdrawn. 
The Petitioner contends that the Beneficiar has erformed in a leadin or critical role for its 
organization~-------------------------~ and TEDxMunster. 
As it relates to a leading role, the evidence must establish that a beneficiary is or was a leader. A title, 
with appropriate matching duties, can help to establish if a role is or was, in fact, leading. 14 Regarding 
a critical role, the evidence must demonstrate that a beneficiary has contributed in a way that is of 
significant importance to the outcome of the organization or establishment's activities. It is not the 
title of a beneficiary's role, but rather the performance in the role that determines whether the role is 
or was critical. 15 
While the record includes letters of support from the above organizations discussing the Beneficiary's 
work, these letters do not establish that he held a leading position, nor do they contain specific 
information signifying his essential roles to the organizations. 16 For instance, I~----.====;,' 
TEDxMunster licensee and co-orsanizer, stated: "We hereby confirm the parti i 
I I, the Beneficiary], andl Ion sta e at TEDxMunster 
on 2014 with their TEDx Talk .__ ________________ _. ,,, 
.__ ____ _. statement, however, did not discuss how the Beneficiary's role was leading or critical 
or critical for TEDxMunster. 
In additionJ I the Petitioner's chief operating officer, stated that in his position as creative 
director, the Beneficiary "is responsible for overseeing integrated advertising campaigns from 
conception to completion. This requires him to make critical decisions about ~he content tone, and 
voice of brand messaging for our artists across multiple mediums .... " While[ !indicated 
that the Beneficiary has oversight responsibilities for certain advertising campaigns, he did not explain 
how the Beneficiary's role is leading or critical to the company overall. 
Furthermore, I I chief executive officer, I I JI asserted that he met the Beneficiary "in 2010 when he interned at I I 
~and that the Beneficiary "stood out from the other interns in terms of motivation and skill." 
lr===~-.lfurther noted that the Beneficiary "worked on brands such as Ariel and successfully helped 
pitch for clients such as the Coca Cola owned energy drink " but the record does not show that 
the Beneficiary's intern position was leading or critical for 
14 See USCTS Policy Memorandum PM-602-0005.1, supra, at 10. 
is Id. 
.__ _________ __. 
16 Id. (stating that letters rrom individuals with personal knowledge of the significance of a beneficiary's leading or critical 
role can be particularly helpful in making this determination as long as the letters contain detailed and probative 
information that specifically addresses how the role for the organization or establishment was leading or critical). 
17! Is letter explains that "TEDx is a program oflocal, self-organized events that bring people together to share 
a TED-like experience." "TED talks" focus on "Technology, Entertainment and Design." 
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Matter ofT-U-LLC 
Moreover! I former creative director atl L stated: "[The Beneficiar worked 
~team on the international Mercedes Benzi !account - rnostl on and 
L___J campaigns. I worked closely with him and his creative partner~------~and 
supervised his development." I lforther indicated that the Beneficiary "constantly tried to 
push the boundaries of Mercedes Benz brand communication" while working on that account, b~ 
statements are not sufficient to show that the Beneficiary's role was leading or critical role forL_J 
I !overall. 
Although the aforementioned letters confirmed the Beneficiary's employment and discussed his work 
on various projects, they did not contain detailed, probative information demonstrating the specific 
nature and outcomes of his roles with the respective businesses. Furthermore, the remaining letters 
discussing the Beneficiary's work forl land I I did not explain how his 
positions were leading compared to the other creative staff working for those organizations, nor did 
they indicate that the Beneficiary's creative roles were of significant importance for the companies' 
success or standing in the industry so as to demonstrate a critical role. 
Finally, this regulatory criterion also requires that a beneficiary perform in a role for organizations or 
establishments that have a distinguished reputation. 18 While the record contains cornpan] information 
from the websites of the Petitioner's sister company, I 11 J I I I andl I this self-promotional documentation is not sufficient to demonstrate that 
these organizations have a distinguished reputation. Moreover, as discussed under the awards 
criterion, although the Petitioner presented evidence of the Beneficiary's companies' receipt of various 
awards, he did not sufficiently demonstrate their significance or relevance. Here, the Petitioner did 
not submit sufficient evidence portraying the aforementioned organizations' standing in the field. 
For the above reasons, the Petitioner did not demonstrate that the Beneficiary meets this criterion. 
Evidence that the alien has commanded a high sala,y or other significantly high 
remuneration for services, in relation to others in the.field. 8 C.F.R. § 204.5(h)(3)(ix). 
Although the Director found that the Petitioner also meets this criterion, the record does not support 
that conclusion. Therefore, for the reasons discussed below, the Director's determination on this issue 
will be withdrawn. 
The Petitioner presented a July 2017 letter stating that the Beneficiary's "annual base salary is 
$150,000" and pay statements reflecting his earnings inl I In addition, the record 
includes a screenshot from Salary.corn showing that the median salary for creative director is 
$116,137. 19 The Petitioner, however, must submit evidence showing that the Beneficiary has earned 
a high salary or other significantly high remuneration relative to others in his field and not just a salary 
that falls in the top half of his field. Without information comparing the Beneficiary's earnings to 
18 See USCIS Policy Memorandum PM 602-0005.1, supra, at 10-11 ( defining Merriam-Webster's Dictiona1y definition 
of"distinguished" as marked by eminence, distinction, or excellence). 
19 This screenshot, however, did not identify the geographic region from where this salary information was collected. 
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Matter ofT-U-LLC 
high salaries of creative directors in the~I ---~I metropolitan area, the Petitioner has not established 
that the Beneficiary meets this criterion. 
B. 0-1 Nonimmigrant Status 
We note that the record reflects that the Beneficiary received 0-1 status, a classification reserved for 
nonimmigrants of extraordinary ability. Although USCIS has approved at least one 0-1 nonimmigrant 
visa petition filed on behalf of the Beneficiary, the prior approval does not preclude USCIS from 
denying an immigrant visa petition which is adjudicated based on a different standard - statute, 
regulations, and case law. Many Form 1-140 immigrant petitions are denied after USCIS approves 
prior nonimmigrant petitions. See, e.g., Q Data Consulting, Inc. v. INS, 293 F. Supp. 2d 25 (D.D.C. 
2003); IKEA US v. US Dept. of Justice, 48 F. Supp. 2d 22 (D.D.C. 1999); Fedin Bros. Co., Ltd. v. 
Sava, 724 F. Supp. 1103, 1108 (E.D.N.Y. 1989), ajj'd, 905 F. 2d 41 (2d. Cir. 1990). Furthermore, our 
authority over the USCIS service centers, the office adjudicating the nonimmigrant visa petition, is 
comparable to the relationship between a court of appeals and a district court. Even if a service center 
director has approved a nonimmigrant petition on behalf of an individual, we are not bound to follow 
that finding in the adjudication of another immigration petition. Louisiana Philharmonic Orchestra 
v. INS, No. 98-2855, 2000 WL 282785, at *2 (E.D. La. 2000). 
III. CONCLUSION 
The Beneficiary is not eligible because 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 Beneficiary has established the acclaim and recognition required for the 
classification sought. 
The Petitioner seeks a highly restrictive visa classification for the Beneficiary, 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. 953, 954 (Assoc. Comm'r. 1994). 
Here, the Petitioner has not shown that the significance and recognition of the Beneficiary's work are 
indicative of the required sustained national or international acclaim or that they are 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 Beneficiary has garnered national or international acclaim in the field, and he 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 foregoing reasons, the Petitioner has not shown that the Beneficiary qualifies for classification 
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. In visa petition 
proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. 
10 
Matter ofT-U-LLC 
Section 291 of the Act, 8 U.S.C. § 1361; Matter ofSkirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 
2012). Here, that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-U- LLC, ID# 3818208 (AAO Aug. 27, 2019) 
11