dismissed EB-1A Case: Embroidery Artisan

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washngton, DC 20529 
U. S. Citizenship 
and Immigration 
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FILE: Office: TEXAS SERVICE CENTER Date: sEP 2 8 2005 
SRC 05 010 50983 
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. 5 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. 
Fobert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 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. 5 1153(b)(l)(A), as an alien of extraordinary ability. 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) Priority Workers. -- Visas shall fnrst 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 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 to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability7' 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. 
5 204.5(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. 5 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that she has earned sustained national or international acclaim at the very top level. 
This petition, filed on October 14, 2004, seeks to classify the petitioner as an alien with extraordinary ability 
as an embroidery artisan. The statute and regulations require the petitioner's acclaim to be sustained. The 
record reflects that the petitioner has been residing in the United States since February 1998. Given the 
length of time between the petitioner's arrival in the United States and the petition's filing date, it is 
reasonable to expect the petitioner .to have earned national acclaim in the United States during that time. The 
petitioner has had ample time to establish a reputation as an embroidery artisan in this country. 
In support of the petition, the petitioner submitted eight photographs of what are alleged to be her embroidery 
creations. This evidence, however, was not sufficient to demonstrate the petitioner's sustained national or 
international acclaim, or that her achievements have been recognized in her field of expertise. On 
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November 3, 2004, the director denied the petition, finding that the petitioner's evidence did not satisfy any of 
the criteria at 8 C.F.R. 9 204.5(h)(3). 
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. On appeal, the petitioner has submitted evidence pertaining to the following criteria. 
Evidence of the alien's authorship of scholarly articles in thefield, in professional or major trade 
publications or other major media. 
The petitioner submits a photocopy of the cover of a book entitled Jiangsu Embroidery of which she claims 
she is the author. While several names are listed in English on the cover of this book, the petitioner's name is 
not one of them. Nor has she provided a translation of the book cover, indicating that her name is among the 
authors. 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 record contains no evidence showing the part of this book that the petitioner authored or quantitative 
evidence of the book's significant national or international readership. Nor is there supporting evidence 
indicating that the petitioner's published material (if any exists) is viewed throughout her field as significantly 
influential. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner re-submits what is alleged to be a photograph of herself at a "personal artwork exhibition" in 
1990. While we cannot state with certainty that the individual in this photograph is not the petitioner, we note 
that a recent photograph of the petitioner attached to her Form 1-485, Application to Register Permanent 
Residence of Adjust Status, bears little resemblance to the woman in the photograph from 1990. 
In regard to the 1990 photograph, the petitioner states: "I attended many art and culture crafts [sic] shows and 
exhibitions; this photo is I was [sic] showing audience how I created my artwork, this was personal artwork 
exhibition of the year 1990." An assertion accompanying a photograph is of limited probative value. The 
record lacks substantive evidence to support the petitioner's claim. For example, the petitioner has not 
submitted contemporaneous documentation from the events (such as pamphlets or brochures) to support the 
assertion that she "attended many art and culture crafts [sic] shows." Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of SofSlci, 22 I&N Dec. 158, 165 (Comrn. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comrn. 1972)). h this case, there is no evidence identifying the names and exact dates 
of the "many" shows and exhibitions in which the petitioner claims to have participated. 
We cannot ignore that section 203(b)(l)(A)(i) of the Act requires "extensive documentation" of sustained 
national or international acclaim. Pursuant to the statute, the petitioner must provide ample evidence showing 
that the exhibitions in which she participated were only open to top national or international embroidery 
artisans. It must be stressed that an artisan does not satisfy this criterion simply by arranging for his or her 
work to be displayed or sold. In this case, the petitioner has not shown that her exhibitions enjoy a national 
reputation, or that she has regularly participated in exclusive shows devoted solely or largely to the display of 
her work alone. 
Evidence that the alien has commanded a high salary or other sign$cantly high remuneration 
for services, in relation to others in the field. 
The petitioner re-submits what are alleged to be photographs of two of her embroidery creations. On appeal, 
the petitioner added captions to these photographs. The first captioned photograph states: "This one was sold 
at $3,000." 
The second captioned photograph states: "This one was sold at $4,500." 
The record contains no evidence to support the petitioner's assertions regarding the price at which she sold 
her embroidery creations. As noted previously, going on record without supporting documentary evidence is 
not sufficient for purposes of meeting the burden of proof in these proceedings. See Matter of Sofici at 158, 
165. There is no evidence showing that the petitioner's compensation is significantly higher than that of other 
embroidery artisans. 
Evidence of commercial successes in the pe$orming arts, as shown by box ofice receipts or 
record, cassette, compact disk, or video sales. 
The petitioner claims that the two captioned photographs discussed under the preceding criterion are evidence of 
her "commercial successes." The plain wording of this criterion, however, indicates that it is intended for 
"perfonning" artists such as musicians and actresses rather than the petitioner's occupation. Nevertheless, the 
regulation calls for commercial success in the form of "sales" or "receipts"; simply asserting that one's work has 
been purchased cannot satisfy criterion. The record contains no evidence of documented "sales" or "receipts" 
showing significant national distribution of the petitioner's embroidery products or their widespread 
commercial success. 
In this case, the petitioner has failed to demonstrate that she 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. 
Review of the record does not establish that the petitioner has distinguished herself to such an extent that she may 
be said to have achieved sustained national or international acclaim or to be within the small percentage at the 
very top of her field. The evidence is not persuasive that the petitioner's achievements set her significantly above 
almost all others in her 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. 
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Beyond the decision of the director, the regulation at 8 C.F.R. 5 204.5(h)(5) requires "clear evidence that the 
alien is coming to the United States to continue work in the area of expertise. Such evidence may include 
letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a 
statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The record contains no such evidence. 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.