dismissed EB-1A Case: Culinary Arts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-R-A-H-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 18, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a culinary chef and gastronomic consultant, seeks classification as an individual of 
extraordinary ability in the arts. See Immigration and Nationality Act (the Act) section 203(b )(1 )(A), 
8 U.S.C. § l 153(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 Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker, and a subsequent motion, concluding that the Petitioner had satisfied only one of the ten initial 
evidentiary criteria, of which he must meet at least three. In addition, the Director stated that the 
Petitioner did not demonstrate that he will continue to work in his field in the United States. 
On appeal, the Petitioner submits additional documentation and a brief asserting that he fulfills at least 
three of the ten criteria and that he seeks to continue working in the culinary field. 
Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b )(1 )(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 of C-R-A-H-
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 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 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). The regulation at 8 C.F.R. § 204.5(h)(4) allows a petitioner to submit comparable 
material if he or she is able to demonstrate that the standards at 8 C.F.R. § 204.5(h)(3)(i)-(x) do not 
readily apply to the individual's occupation. 
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) 
( 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 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that he 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 Petitioner met the leading or 
critical role criterion under 8 C.F.R. § 204.5(h)(3)(viii). On appeal, the Petitioner maintains that he 
also meets the awards, membership, judging, original contributions, and scholarly articles criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(vi), respectively. Upon review, we conclude that the record does not 
support a finding that the Petitioner 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). 
As evidence under this criterion, the Petitioner presented a certificate from the I I I stating that he received a I I as ,__ ___ ____,,==--------' 
I I The record also includes two Face book hoto ra hs dated 02011 and an 
OctoberD YouTube video 1 relatin to award ceremonies. In 
addition, the Petitioner provided a,__ __ ~2016 article from Sunoticiero.com about a Venezuelan 
1 The information provided indicates that this YouTube video had "389 views." 
2 
Matter of C-R-A-H-
I award. He also submitted a ..... 1 ---.----' 
I This article is 
foreign student recruiter who received a I 
2015 article from Nuestragaita.com, entitled 'I 
about the song 1 I' and its songwriter and cr..=e-=at~o;;.;:r....:'s~re::..:c::..::e:.:Jit:..:t::....o::::.cf::....·..:;:th;:;.:e:....!=:=========-=a::;.;w~a=r~d:..:....,. 
With regard to that award, the article indicates that .__-------.---;:::::============:::;-' 
I 1"
2 
The article farther s;.;.ta=t:..::e.:::..:s:~'-"....::T:..::;h:.======:::::z:;--~-----' 
the highest award of the people of1 !proclaims the.__ _________ _. ... for the song 
I I of the composer I I considering as the hymn of the Venezuelans,' which was 
published by I I' We note that the 
aforementioned articles and Facebook and YouTube material do not mention the Petitioner's receipt 
of a.__ ______ ____. as '.__ ____________________ __, 
While the Petitioner has offered documentation from Facebook, Y ouTube, Sunoticiero.com, and 
Nuestragaita.com, this evidence is not sufficient to demonstrate that his I laward is 
a nationally or internationally recognized prize or award for excellence in the field. For example, the 
Petitioner has not shown that the Sunoticiero.com and Nuestragaita.com coverage or Facebook and 
Y ouTube material are indicative of the I I award' s national or international 
recognition in the culinary field. He has not established therefore that he 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 contends that his membership in the .__ _____________ ...v meets this 
criterion. On motion to the Director, he provided information about ~ and his membership 
certificate showing a "paid thru date" of August 31, 2019. The record, however, does not show that 
the Petitioner was a member of~ at the time the Form 1-140 was filed on April 25, 2018. Eligibility 
must be established at the time of filing. See 8 C.F.RJ1.Q,2.2(b)(l). Regardless, the information and 
evidence he presented does not demonstrate thatL_Jrequires outstanding achievements of its 
members or that their achievements are judged by recognized national or international experts. 
Accordingly, the Petitioner has not established that he meets 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). 
The record contains news articles, advertisements for the Petitioner's cooking course, and his recipes 
in publications such as La Verdad and El Venezolano de Panama. The Petitioner, however, has not 
presented comparative statistics or other evidence indicating that these publications' readership 
elevates them to major media relative to other publications. Furthermore, regarding the advertisements 
for his cooking course, the Petitioner has not demonstrated that "published material" as referenced in 
.:c=) is one of the 23 states of Venezuela. 
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Matter of C-R-A-H-
the regulation includes this type of promotional material. 3 Nor has the Petitioner shown that the 
articles including only his recipes constitute published material about him. This regulatory criterion 
requires "published material about the alien." Articles that are not about him do not meet this regulatory 
criterion. See, e.g., Negro-Plumpe v. Okin, 2:07-CV-00820 at *l, *7 (D. Nev. Sept. 2008) (upholding 
a finding that articles about a show are not about the actor). Finally, the record does not show that any 
of the remaining articles submitted for this criterion were about the Petitioner and in major media. For 
the above reasons, the Petitioner has not established that he 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 article entitled' 
I I" This article announcing the aforementi~o-n-ed_c_o_n-te_s_t_r-eq_u_e_s-ts-re_a_d_e_r_s -to-s-en-d-in~ 
their recipes for evaluation by a jury of five rofessionals that includes the Petitioner. In addition, he 
submitted a second article, entitled ' 
~-,---,------------,----,-------,-----,-----,---,--.....,.,-,------,-~ 
~-----~ which informs readers that "[ n ]ext Wednesday, October 11 is the deadline for 
reception of recipes from the public." 
In order to meet this criterion, a petitioner must show that he has not only been invited to judge the 
work of others, but also that he actually participated in the judging of the work of others in the same 
or allied field of specialization. 4 The aforementioned articles that pre-date the judging process are not 
sufficient to demonstrate that the Petitioner later served as part of the jury for the I I 
contest. Here, the Petitioner did not submit, for example, evidence from I I staff or a 
follow-up article confirming his participation in selecting the finalists and winners who entered the 
recipe contest. The Petitioner therefore has not sufficiently demonstrated that he satisfies 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 his book, entitled ~--------~ I I and various letters of support discussing his work as a chef and culinary instructor. The 
Director considered this documentation, but found that it was not sufficient to demonstrate that the 
Petitioner's work constituted original contributions of major significance in the field. For the reasons 
discussed below, we agree with that determination. 
In order to satisfy the regulation at 8 C.F.R. § 204.5(h)(3)(v), a petitioner must establish that not only 
has she made contributions that were original but that they have been of major significance in the field. 
For example, a petitioner may show that the contributions have been widely implemented throughout 
3 See USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form I-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 7 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html (providing that marketing materials created for the 
purpose of selling a petitioner's products or promoting his or her services are not generally considered to be published 
material about the petitioner). 
4 See USCIS Policy Memorandum PM 602-0005.1, supra, at 8. 
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Matter of C-R-A-H-
the field, have remarkably impacted the field, or have otherwise risen to a level of major significance 
in the field. 
On appeal, the Petitioner asserts that .__ ____________ ___,was "used in the promotion 
and distribution of kitchen ware at a national and international level." He farther contends that 
I lis a major producer of kitchen cookware and would have chosen a chef of great renown 
in order to effectively promote its products among Latin American consumers and other users of 
I I products." 
The record includes excerpts from~------------~' including a biography page 
listing the Petitioner's educational training and accomplishments as a chef In addition, he presents a 
January 2018 letter froml la legal representative forl , I stating that 
the Petitioner served "as chef advisor and creator of our recipe book ... in the year 2008. He also 
gave us cooking courses and demonstrations for our promoters and clients, and he was gastronomic 
consultant as well." 5 The Petitioner also submits information about~-----~ (manufacturer 
of thel lbrand name) and~--------~( a commercial kitchen equipment 
service company) from their websites. The aforementioned evidence, however, is not sufficient to 
demonstrate that his book rises to the level of a contribution of major significance in the culinary field. 
For instance, the record does not show that the Petitioner's book has widely influenced others in the 
culinary industry, that his collection of recipes in the book are highly renowned by recognized food 
critics, or that his original work otherwise constitutes contributions of major significance in the field. 
As farther evidence for this criterion, the Petitioner points to letters for support from two government 
officials discussing his development of an "innovative teaching concept." However, 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, I I Member of Congress.__ _______ __. Illinois, stated that the 
Petitioner "envisions an academy to donate his time to educate and teach future chefs from all over 
the country. I had the opportunity to observe many of his presentations and you can feel the passion 
and time he puts into it." 
Likewise, I I Alderman for I O I Ward, asserted that the Petitioner has 
"designed a powerful project that would bring benefits to the residents" of her ward through adding 
jobs and educating people in the culinary arts. She farther explained: 'The cafe-concert project is 
based on an affordable school of culinary arts training where students can develop skills and reinforce 
their knowledge including implementing their own internship on-site. The concept ... will include 
content knowledge on catering services, gastronomic advising, and at-the-table-etiquette." While D 
I I claimed that that the Petitioner has "implemented the concept at the international level before 
arriving in the United States," the record does not show that his concept has widely influenced the 
field beyond the programs where he taught or has otherwise risen to the level of contributions of major 
significance in the field. The language of this regulatory criterion requires that the Petitioner's original 
51 I does not provide any sales information for the Petitioner's book or offer specific examples of its impact in 
the culinary field. 
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Matter of C-R-A-H-
contributions be "of major significance in the field" rather than mainly affecting his students. 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 he meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or 
major trade publications or other major media. 8 C.F.R. § 204.5(h)(3)(vi). 
As discussed, the Petitioner provided his recipe book, entitled.__ ____________ _, The 
record, however, does not include sufficient evidence to demonstrate that this work constitutes a 
scholarly article in a professional or major trade publication or form of major media. 6 Based on the 
foregoing, he has not demonstrated that he meets this regulatory criterion. 
Evidence that the alien has performed in a leading or critical role for 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 his eligibility under this criterion. For 
the reasons outlined below, we find that the Petitioner has not submitted sufficient documentary 
evidence showing that he meets the requirements of this criterion. Accordingly, the Director's 
determination on this issue will be withdrawn. 
The Petitioner asserted that he has performed m a leading or critical role for I I ~, 1 I .--I -~1-1 -------1 
I ll I, I I, J I, the Embassy 
of the I I in Panama, and the I I Consulate in I I If a leading role, 
then evidence must establish that a petitioner is or was a leader. A title, with appropriate matching 
duties, can help to establish if a role is or was, in fact, leading. 7 Regarding a critical role, the evidence 
must demonstrate that a petitioner 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 petitioner's role, but 
rather the performance in the role that determines whether the role is or was critical. 8 In addition, this 
criterion requires that the organizations or establishments must be recognized as having a distinguished 
reputation, which is marked by eminence, distinction, or excellence. 9 
The record includes letters of support from the above organizations discussing the Petitµ· """'"""........,_....,_,__,""'"""'-1_0 ~ 
For example, I ,I Manager of Food and Beverages and Banquets r=-fo=r'--t=h=e--,-r=========r' 
I I indicated that he previously supervised the Petitioner's work at 
stated that the Petitioner was in charge ofl 6 Peruvian, Thai, French,~M_e_x-ic--a~n, and Italian 
Gastronomic Festivals and that he "taught training courses to the kitchen staff" In addition.I I 
6 A scholarly article should be written for "learned" persons in the field. "Learned" is defined as having or demonstrating 
profound knowledge or scholarship. Learned persons include all persons having profound knowledge of a field. See 
USCTS Policy Memorandum PM 602-0005.1 supra, at 9. 
7 See USCTS Policy Memorandum PM-602-0005.1, supra, at 10. 
8 Id. 
9 Id at 10-11. 
10 While we discuss a sampling of these letters, we have reviewed and considered each one. 
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Matter of C-R-A-H-
.___-,}I Food and Beverage Assistant, I I asserted that the Petitioner "hosted gastronomic 
festivals like: Gastronomic and Cultural Peruvian Festival, Asian Gastronomic Festival, French 
Gastronomic Festival" and trained the general kitchen staff in food preparation. This evidence, 
however, does not show that the Petitioner's role hosting the aforementioned festivals reflects his 
leading or critical role forl bverall. For instance, the letters from~---------~ 
did not contain detailed and probative information that specifically addressed how the Petitioner's role 
as a guest chef for various festivals was leading or critical for the organization. Moreover, their letters 
did not explain how the Petitioner's temporary role was leading compared to the hotel's full-time staff 
positons such as its executive chef or manager, nor did their statements indicate that the Petitioner's 
festival work was of significant importance for I l success or standing in the industry so as to 
demonstrate a critical role. Furthermore, while the record contains information about I I from 
the website ofc=] the company that owns the hotel, this documentation is not sufficient to 
demonstrate that the hotel has achieved a distinguished reputation. 
In addition, the Petitioner presented a May 2010 certificate of recognition from the Embassy of the 
in Panama for "his artici ation in different t pes of barbeque preparing, during 
the , erformed inl I." 
He also provided a letter from the.__ ___ _,Consulate in ,___ _ ___,thanking him for the food he 
'jrepard to be served at three cultural events displaling and discussing! t' 
i 2018. These cultural events for the !Consulate, however, post-dated the filing of the 
petition. See 8 C.F.R. § 103.2(b)(l). Nonetheless, while the submitted documentation shows that the 
Petitioner prepared food for various dillomatic events, it does not demonstrate that he performed in a 
leading or critical role for either the _ I Embassy or the I I Consulate. Here, the 
Petitioner did not establish that his role was leading among these organizations' staff or that he 
contributed in an important way to the organizations' overall success or standing. Further, although 
the Petitioner offered information about the Embassy of the I I in Panama from 
EmbassyPages.com, these "Facts About the Embassy" are not sufficient to demonstrate it has a 
distinguished reputation. Moreover, the record does not include supporting evidence indicating that 
thd I Consulate inl lhas garnered a distinguished reputation. 
Finally. with rerrd to the PetitT°er' s wrn:lk for I I I I, I I D I _I L JI landl I 
the information in the letters from these organizations is not sufficient to demonstrate that his culinary 
and instructional duties were leading or critical to the overall organizations, nor has he adequately 
demonstrated their distinguished reputation. For these reasons, the Petitioner did not demonstrate that 
he meets this criterion. 
In light of the above, the Petitioner has not established that he meets at least three of the evidentiary 
criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
B. Continuing Work in the Area of Extraordinary Ability 11 
The Petitioner presented a personal statement detailing his plans for work in the United States. He 
stated that he intends to cater civil and social events for foreign consulates id I open his own 
11 See section 203(b)(l)(A)(ii) of the Act; 8 C.F.R. § 204.5(h)(5). 
7 
Matter of C-R-A-H-
restaurant, and develop his cafe-concert project involving an affordable school of culinary arts 
training. In addition, the Petitioner provided a letter from the I I Consulate in I I 
expressing interest in having him work with their staff "in the catering of our important social and 
civic events." Furthermore, with respect to his cafe-concert project, the record includes a letter from 
I I professor atl I University, asserting that she plans to partner 
with the Petitioner on that project. She further indicated: "I believe that I I. . would benefit 
with having a cafe-concert in which education and cooking are the basis of success and community 
empowerment." We find the aforementioned information and evidence sufficient to demonstrate that 
the Petitioner seeks to continue work in his area of expertise in the United States pursuant to the 
regulation at 8 C.F.R. § 204.5(h)(5). Accordingly, the Director's determination on this issue is 
withdrawn. 
C. 0-1 Nonimmigrant Status 
We note that the record reflects that the Petitioner 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 Petitioner, 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), affd, 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 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. 953,954 (Assoc. Comm'r. 1994). Here, the Petitioner 
has not shown that the significance and recognition of his 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 Petitioner has 
garnered national or international acclaim in the field, and he is one of the small percentage who has 
8 
Matter of C-R-A-H-
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 he 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. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter of Skirball 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 ofC-R-A-H-, ID# 3524020 (AAO June 18, 2019) 
9