dismissed EB-1A Case: Fashion Design

U.S. Citizenship 
and Immigration 
Services 
In Re: 6247741 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 26, 2020 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a fashion designer, seeks classification as an alien of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first 
preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had 
satisfied only two of the initial evidentiary criteria, of which she must meet at least three. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b )( 1) of the Act makes visas available to immigrants with extraordinary ability if: 
(i) the alien has extraordinary ability in the sciences, arts, education , business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
The tenn "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R . § 204.5(h)(3) sets forth a multi-part analysis . First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
II. ANALYSIS 
The Petitioner entered the United States as a student to attend! !university in~I --~ 
Kentucky. Because the Petitioner has not indicated or established that she has received a major, 
internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). 
In denying the petition, the Director determined that the Petitioner fulfilled two of the initial 
evidentiary criteria, judging at 8 C.F.R. § 204.5(h)(3)(iv) and artistic display at 8 C.F.R. 
§ 204.5(h)(3)(vii). The record reflects that the Petitioner served as a jury member evaluating student 
fashion designs and theses and displayed her work at fashion shows. Accordingly, we agree with the 
Director that the Petitioner met the judging and artistic display criteria. 
On appeal, the Petitioner asserts that she meets two additional criteria. After reviewing all of the 
evidence in the record, we conclude that the Petitioner does not establish that she satisfies the 
requirements of at least three criteria. 
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 Petitioner contends that she satisfies this criterion based on a 2008 article published in Dawn 
Newspaper and a 2005 article published in MAG the Weekly. In order to satisfy this criterion, the 
Petitioner must demonstrate published material about her in professional or major trade publications 
or other major media, as well as the title, date, and author of the material. 1 
On appeal, the Petitioner provides a photoshoot page entitled, ~~---~---~" published 
in Dawn Images. Although the evidence contains a brief "designer's profile" section, along with a 
behind the scenes section of the model, the material reflects a photoshoot rather than published 
material about the Petitioner relating to her work. Articles that are not about an alien do not fulfill this 
1 See USCIS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 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. 
2 
regulatory criterion. See, e.g., Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. Sept. 
8, 2008) (upholding a finding that articles regarding a show are not about the actor). 
Moreover, while the Petitioner contends that I I authored the material, the evidence shows 
thatl I only authored the "behind the scenes" section. Here, the Petitioner did not demonstrate 
the author of the remaining material, including the "designer's profile" section. 
Furthermore, although the Petitioner claims that Dawn Newspaper published the material, the 
evidence reflects publication in Dawn Images. In fact, the Petitioner offers a letter froml.__ __ ~___. 
correspondent, who stated that "Dawn has published [the Petitioner's] work ... in its weekly 
publication named 'Dawn Images."' While the Petitioner submits evidence relating to Dawn 
(newspaper), she did not provide evidence pertaining to Dawn Images (weekly), nor did she establish 
that Dawn Images is a professional or major trade publication or other major medium. 2 
Similarly, as it pertains to the article entitled, I I' published in Mag the Weekly, the 
material reflects coverage of a fashion show rather than published material about the Petitioner relating 
to her work. While the article mentions te debut of the fcetitioner and another designer, it is about a 
fashion show at thel lby the ,.__ ____ _.of Pakistan. 
Further, the Petitioner asserts that Mag the Weekly "is a Fashion Magazine which is owned by the Jang 
Group of Newspaper [sic]" and "qualifies as a professional or major trade publications [sic] or other 
major media [sic]." Although she previously provided screenshots advertising the magazine as 
"famous for its unique and stylish publications," "the Largest Circulated Magazine in Pakistan," and 
"an English Popular Magazine," the Petitioner did not submit independent, probative evidence to 
support the magazine's claims. USCIS need not rely on the self-promotional material of the publisher. 
See Braga v. Poulos, No. CV 06 5105 SJO (C.D. CA July 6, 2007) ajf'd 2009 WL 604888 (9th Cir. 
2009) (concluding that self-serving assertions on the cover of a magazine as to the magazine's status 
is not reliant evidence of a major medium). Moreover, the Petitioner did not establish that ownership 
by the Jang Group of Newspapers necessarily shows that Mag the Weekly is a professional or major 
trade publication or other major medium. 
For the reasons discussed above, the Petitioner did not demonstrate that she meets this 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 Petitioner contends that she ualifies for this criterion based on her f ositio[s with the I I I L the and 3 She references 
letters from.__ ______ __. ~--------~' and.__ ______ __. As it relates 
to a leading role, the evidence must establish that a petitioner is or was a leader. A title, with 
2 See USCIS Policy Memorandum PM 602-0005.1, supra, at 7 (indicating that evidence of published material in 
professional or major trade publications or in other major media publications should establish that the circulation ( on-line 
or in print) is high compared to other circulation statistics). 
3 The Petitioner did not previously claim eligibility for this criterion based on her roles with these organizations. 
3 
appropriate matching duties, can help to establish if a role is or was, in fact, leading. 4 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. 5 
Although the letters confirm the Petitioner's employment, they do not demonstrate that she performed 
in a leading or critical role for any of the organizations. Instead, the letters briefly described the 
Petitioner's projects or assignments without providing specific, detailed information or explaining 
how such tasks represent leading or critical roles. 6 For instance, although! I indicated that 
she hired the Petitioner to "set up and run the design and production department for the Project 
I I" she did not explain how the Petitioner's position fit in the overall hierarchy ofDor how 
working on a project withinOcontributed to the organization's overall standing in the field. 
Likewise,! I stated that the Petitioner "completed multiple tasks" working with several 
humanitarian causes. While the Petitioner's work with internally displaced pTple is almirable,D 
did not elaborate on how she performed in a leading or critical role for In addition, --~--, 
.__ ___ -+>-......._......,........,xplain how the Petitioner occupied a leadership position or how her performance 
Similarly,! I indicated that the Petitioner "train~rtisans in product development, 
created 7 production centers in districts o~ I district L___J, and connected the enterprises to 
the main street market." Althoug~ I provided the Petitioner's job accomplishments, he did 
not show how such achievements reflected a leading role or was crucial tol Is overall standing. 
Here, the letters do not establish that she held a leading position, nor do they contain specific 
information signifying that she was essential to any of the organizations. 
In addition, the Petitioner did not show thatD, I I, orl I have a distinguished reputation. 7 
Although the Petitioner provides website addresses for the organizations, she does not supplement the 
record with screenshots or other evidence supporting the website addresses. Moreover, as the website 
addresses indicate "about," "where-we-work," and "what-we-do," the Petitioner did not demonstrate 
how such information would reflect the organizations' distinguished reputations. Here, the submission 
of website addresses is not sufficient to establish the standings or statures of the organizations. As 
such, the Petitioner did not show that the organizations enjoy eminent reputations consistent with this 
regulatory criterion. 
Accordingly, the Petitioner did not demonstrate that she fulfills this criterion. 
4 See USCTS Policy Memorandum PM-602-0005.1, supra, at 10. 
5 Id. 
6 See USCTS Policy Memorandum PM-602-0005.1, supra, at 10 (stating that letters from individuals with personal 
knowledge of the significance of a petitioner'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). 
7 See USCIS Policy Memorandum PM 602-0005.1, supra, at 10 (providing that Webster's online dictionary defines 
distinguished as marked by eminence, distinction, or excellence). 
4 
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 of her work is indicative of the required sustained national or 
international acclaim or that it is consistent with a "career of acclaimed work in the field" as 
contemplated by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990); see also section 203(b )(l)(A) 
of the Act. Moreover, the record does not otherwise demonstrate that the Petitioner has garnered 
national or international acclaim in the field, and she is one of the small percentage who has risen to 
the very top of the field of endeavor. See section 203(b )(1 )(A) of the Act and 8 C.F .R. § 204.5(h)(2). 
Although the Petitioner has judged students and displayed her work, the record does not contain 
sufficient evidence establishing that she is among the upper echelon in her field. 
For the reasons discussed above, the Petitioner has not demonstrated her eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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