dismissed EB-1A Case: Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
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-@fpersoarrlprhreeg 
5 
FILE: Office: VERMONT SERVICE CENTER Date: DEC 2 7 zoos 
EAC 04 121 52927 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 9 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
u 
S~obert P. Wiemann, Director 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph 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 achevements 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 to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 
fj 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or international acclaim and recognition in his or her field of expertise are set forth in the regulation 
at 8 C.F.R. fj 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that he has earned sustained national or international acclaim at the very top level. 
This petition, filed on March 15, 2004, seeks to classify the petitioner as an alien with extraordinary ability as 
an artist. 
The regulation at 8 C.F.R. $ 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which 
must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or 
awards for excellence in the field of endeavor. 
Page 3 
The petitioner submitted the following: 
1. "Certificate of Merit" stating that the petitioner's painting, "The Rain The Mountain City," was 
awarded a "First Prize in the Fifth China Art Works Exhibition" (November 20, 1996) 
2. "Certificate of Honor" stating that the petitioner's painting, "Mandarin Duck & Peony," was 
"collected and exhibited by China Art Gallery" (October 2000) 
3. "Certificate of Honor7' stating that the petitioner "was granted the Gold award of National Painting 
Art contest7' (August 1998) 
4. "Certificate of Honor" stating that the petitioner "was granted the First-class award of National 
Painting Art 'Yan Wu Cup' contest" (April 1993) 
5. "Certificate of Award stating that the petitioner "was granted the Gold award of national 
outstanding painting artists contesty' (September 1996) 
6. "Certificate of Honor" stating that the petitioner "was granted the Silver Award of the first 'Loving 
China Cup' National Art Exhibition" (December 1997) 
7. "Certificate of Honor" stating that the petitioner's painting "'Aoxue' won the Award of Excellence 
in Painting Art category of the Third National Broadcasting and TV programs Contest" (November 
1997) 
8. "Certificate of Honor" stating that the petitioner "was granted the Gold Award of year 1997 Modem 
China Art Contest" 
9. Certificate of Appreciation thanlung the petitioner for his "great contribution in performance in 1998 
Spring Festival Joint Evening Party sponsored by Chinese Central TV" 
10. "Certificate of Honor" stating that the petitioner was granted the "Award of Excellence of the 
Twelfth National TV Art - Xingguang Award of Fine Art" (August 1998) 
1 1. "Certificate of Honor" stating that the petitioner was granted the "first class award of national fine art . 
contest" (December 1994) 
Pursuant to 8 C.F.R. tj 103.2(b)(3), any document containing foreign language submitted to Citizenship and 
Immigration Services (CIS) shall be accompanied by a full English language translation that the translator has 
certified as complete and accurate, and by the translator's certification that he or she is competent to translate 
from the foreign language into English. The translations accompanying the petitioner's award certificates 
were not certified as required by the regulation. 
In regard to item 9, there is no explanation regarding how a painter would contribute in a "performance" at a 
festival. In this case, the petitioner claims that his area of expertise is the visual arts (painting) rather than the 
performing arts. Nevertheless, there is no evidence showing that this certificate is a nationally or 
internationally recognized award for excellence, rather than simply an acknowledgment of the petitioner's 
participation. 
In regard to items 1 through 11, the record includes no information about the art contests (such as the award 
criteria, the number of entrants, or the percentage of entrants who earned some type of recognition). It is 
typical for large-scale art contests or exhibitions to distribute art programs or brochures listing the award 
categories and the names of the participating artists. The record, however, includes no such evidence. 
Further, there is no evidence of contemporaneous publicity surrounding the petitioner's awards or evidence 
showing that they command a substantial level of recognition. Because the statute requires "extensive 
documentation" of sustained national or international acclaim, the petitioner must submit evidence showing 
that his awards enjoy significant national or international stature. In this case, there is no supporting 
documentation from the awarding entities or the print media establishing that the petitioner's awards are 
nationally or internationally recognized artistic awards. 
In addition to the above deficiencies, the record includes no evidence showing that the petitioner has received 
significant artistic awards subsequent to 2000. The absence of such awards suggests that the petitioner has 
not sustained whatever acclaim he may have earned in China. 
Documentation of the alien's membership in associations in theJield for which classiJication is 
sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines orJields. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must show that 
the association requires outstanding achievement as an essential condition for admission to membership. 
Membership requirements based on employment or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recommendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. In addition, it is clear from the regulatory language that members must be selected at the 
national or international level, rather than the local or regional level. Therefore, membership in an association 
that evaluates its membership applications at the local or regional chapter level would not qualify. Finally, 
the overall prestige of a given association is not determinative; the issue here is membership requirements 
rather than the association's overall reputation. 
The petitioner submitted a "Certificate of Honor" dated March 16, 1998 stating that he was selected to be a 
member of the China Artists' Association (CAA). 
On appeal, the petitioner submits what is alleged to be his "Membership Card" for the CAA. The 
membership card lists the petitioner's age as "41" and an issuance date of "March 1998." We note, however, 
that the petitioner was born on October 3, 1957. In March 1998, the issue date of the membership card, the 
petitioner would have been age 40 not age 41. The petitioner has not resolved this discrepancy. It is 
incumbent upon the petitioner to resolve any inconsistencies in the record by independent objective evidence. 
Any attempt to explain or reconcile such inconsistencies will not suffice unless the petitioner submits 
competent objective evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 
1988). Doubt cast on any aspect of the petitioner's proof may, of course, lead to a reevaluation of the 
reliability and sufficiency of the remaining evidence offered in support of the visa petition. 
The petitioner also submits a certificate indicating that he is a member of The World Association of Beauty 
Culture (WABC) of Flushing, New York. 
The record does not include the membership bylaws or official admission requirements for the WABC or the 
CAA. There is no evidence showing that admission to membership in these associations required outstanding 
achievement or that the petitioner was evaluated by national or international art experts in consideration of his 
admission to membership. 
Page 5 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alienk work in theJield for which classijication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessaly translation. 
In order for published material to meet this criterion, it must be primarily about the petitioner and, as stated in the 
regulations, be printed in professional or major trade publications or other major media. To qualify as major 
media, the publication should have significant national or international distribution. An alien would not earn 
acclaim at the national or international level from a local publication or from a publication in a language that most 
of the population cannot comprehend. Some newspapers, such as the New York Times, nominally serve a 
particular locality but would qualify as major media because of significant national distribution, unlike small local 
community papers.1 
The petitioner submitted a 26-page printed collection of his paintings entitled Modem Chinese Painting 
Collection. The inside cover of this printed collection includes a one-page piece about the petitioner entitled 
"Back to the Nature - [the petitioner's] Art World." In a letter accompanying the petition dated March 10, 2004, 
the petitioner argues that this evidence satisfies this criterion. The record, however, includes no evidence 
showing the volume of distribution of this material. Without evidence of substantial national distribution, we 
cannot conclude that this printed collection qualifies as "major media." Further, the author of the one-page piece 
about the petitioner has not been identified as required by the plain wording of this criterion. 
On appeal, the petitioner submits an article published in China Press on February 17, 2005. This article came 
into existence subsequent to the petition's filing date. A petitioner, however, must establish eligibility at the 
time of filing. See Matter of Katigbak, 14 I&N Dec. 45 (Comm. 1971). Aside from the issue of the date that 
this evidence came into existence, there is no evidence showing that this publication has substantial 
readership beyond Chinese language readership in the New York metropolitan area. The petitioner has failed 
to provide evidence showing the volume of national readership of China Press. Because the overwhelming 
majority of the U.S. population does not read or comprehend Chinese, it has not been shown that an article 
appearing in such a publication constitutes published material in the "major media." Finally, we note that the 
author of the China Press article has not been identified as required by the plain wording of ths criterion 
In this case, we find no evidence to demonstrate that the petitioner has earned sustained acclaim in the national 
media of China or the United States. 
Evidence of the alien's authorship of scholarly articles in the$eld, in professional or major trade 
publications or other major media. 
On appeal, the petitioner submits what he alleges is evidence of his authorship of books entitled The First 
Step to Landscape Painting and Contemporary Chinese Painting Artwork. The translations accompanying 
1 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, cannot 
serve to spread an individual's reputation outside of that county. 
Page 6 
the covers of these books were not certified as required by the regulation at 8 C.F.R. tj 103.2(b)(3). Further, 
evidence of the content of these books has not been submitted. 
The petitioner also asserts that the 26-page printed collection of his paintings entitled Modern Chinese Painting 
Collection satisfies this criterion. 
The record, however, includes no evidence of the field's reaction to these publications, nor any indication that 
they are widely viewed as significantly influential. Furthermore, there is no evidence showing that these 
publications had substantial national or international readership. 
Evidence of the display of the alien's work in thejeld at artistic exhibitions or showcases. 
The petitioner submitted various photographs showing that he was present at th-convention 
Center's "International Artexpo" in 2004, but there is no evidence identifying which of the petitioner's 
paintings were displayed there or indicating how many other artists' works were on display at that same 
event. 
The petitioner also submitted a "Certificate of Honor" issued in October 2000 stating that hs painting "Mandarin 
Duck & Peony7' was "collected and exhibited by China Art Gallery." The record, however, includes no 
information regardng the reputation of this gallery. We note here that display of the petitioner's work for 
purposes of sale carries significantly less weight than does museum display, strictly for the purposes of public 
viewing. To hold otherwise would be to qualify every artist who allows his or her work to be seen prior to 
purchase, thus defeating the restrictive purpose behind this criterion. 
On appeal, the petitioner submits various photographs of what are alleged to be his paintings on display, 
however, there is no evidence (such as an event program or brochure) identifying the specific venues where 
the petitioner's work was featured. 
The petitioner also submits a "Certificate of Honor" stating that his painting '"Yuanyangmudan' was on 
exhibition and collected by China Art Museum [sic]." The record, however, includes no information regarding 
the reputation of this museum. 
In this case, the petitioner has not submitted evidence showing that his works have regularly been displayed at 
exclusive national venues. Nor is there any indication that the petitioner's works have often been featured 
along side those of artists who enjoy national or international reputations. Furthermore, the petitioner has not 
demonstrated his regular participation in shows or exhibitions at major venues devoted to the display of his 
work alone. The evidence presented by the petitioner is not sufficient to show that the petitioner's exhibitions 
enjoy a national reputation or that participation in his exhibitions was a privilege extended to only top 
national or international artists. 
Evidence that the alien has pe$omed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Page 7 
In order to establish that he performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of his role within the entire organization or 
establishment and the reputation of the organization or establishment. 
The petitioner submitted a "Certificate of Employment" (dated April 2000) from the China Art and 
Craftsmanship Association stating that he held the position of "Painting Artist; Researcher; High-level Expert 
of Art and Craftsmanship." This document includes no address, phone number, or any other information 
regarding how this association may be contacted. Nevertheless, it has not been shown that this organization 
has earned a distinguished reputation at the national or international level. Nor has the petitioner submitted 
evidence detailing the dates of his service, his specific responsibilities for the association, and his individual 
importance to its overall success. We find the petitioner has not established that he performed in a leading or 
critical role for a distinguished organization, or that his involvement has earned him sustained national or 
international acclaim. 
In this case, the petitioner has failed to demonstrate that he meets at least three of the criteria that must be satisfied 
to establish the sustained national or international acclaim necessary to qualify as an alien of extraordinary ability. 
Beyond the regulatory criteria, the petitioner submitted letters of support from individuals affiliated with the 
petitioner through either an art event or through involvement with an organization. These letters describe the 
petitioner as a talented artist, but they are not adequate to demonstrate his sustained national or international 
acclaim. Vague statements attesting to the petitioner's standing and skill are less persuasive than specific 
examples of achevements. 
Review of the record does not establish that the petitioner has distinguished himself as an artist to such an extent 
that he may be said to have achieved sustained national or intemational acclaim or to be within the small 
percentage at the very top of his field. The evidence is not persuasive that the petitioner's achievements set him 
significantly above almost all others in his field at the national or international level. Therefore, the petitioner has 
not established eligibility pursuant to section 203(b)(l)(A) of the Act and the petition may not be approved. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.