dismissed EB-1A Case: Fashion Design

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAR. 21 , 2024 In Re: 30371562 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a fashion designer, seeks first-preference immigrant classification as an individual of 
extraordinary ability. See Immigration and Nationality Act (the Act), section 203(b)(l)(a), 8 U.S.C. 
§ 1 l0l(b)(l)(a) . This 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 the Petitioner satisfied only 
two of the ten initial evidentiary criteria, of which she must meet at least three, and did not 
demonstrate, as required, that she has sustained national or international acclaim and is among the 
small percentage at the very top of her field. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 
I. LAW 
Section 203(b)(1 )(A) of the Act makes immigrant visas available to noncitizens with 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. The noncitizen must seek to enter the United States to continue work in the 
area of extraordinary ability and show that their entry into the United States will substantially benefit 
prospectively the United States. 
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 a multi-part analysis. First, a petitioner can demonstrate 
international recognition of their achievements in the field through a one-time achievement (that is, a 
major, internationally recognized award). If a petitioner does not submit this evidence, then they must 
provide sufficient qualifying documentation that meets at least three of the ten criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x) (including items such as awards, published material m certain media, and 
commercial successes). 
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. 20 l 0) 
( 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); Rijalv. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
IT. ANALYSIS 
The 
Petitioner is a fashion designer who intends to work in the United States at a boutique in 
Texas. Ultimately, the Petitioner endeavors to use eco-friendly suppliers and local domestic vendors 
to create environmentally sustainable clothing. 
Because the Petitioner has not indicated or established that she received a major, internationally 
recognized award, she is required to satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Director concluded that the Petitioner met two criteria by 
establishing that material had been published about her in major media and that her work had been 
displayed at artistic exhibitions and showcases. See 8 C.F.R. § 204.5(h)(3)(iii) and (vii). The record 
supports this conclusion. The Director further concluded, however, that the Petitioner did not establish 
that she met criteria at 8 C.F.R. § 204.5(h)(3)(i), (ii), (v), and (viii). The Petitioner subsequently filed 
two motions to reopen and reconsider, which the Director dismissed. On appeal, the Petitioner asserts 
that the Director did not explain the reasons that she did not meet certain criteria and that the Director 
did not give due consideration to the evidence of record. The Petitioner contends that she meets the 
criteria at 8 C.F.R. § 204.5(h)(3)(ii), (v), and (viii). 
As more fully discussed below, we agree with the Director's decision. The Petitioner has not met her 
burden of proof to establish eligibility under each criterion. 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 
8 CF.R. § 204.5(h)(3)(i). 
On appeal, the Petitioner does not address the Director's analysis of her eligibility under this 
criterion. An issue not raised on appeal is waived. See, e.g., Matter of O-R-E-, 28 I&N Dec. 330, 
336 n.5 (BIA 2021) (citing Matter ofR-A-M-, 25 I&N Dec. 657,658 n.2 (BIA 2012)). 
Documentation of the individual's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields. 
8 CF.R. § 204.5(h)(3)(ii). 
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The Director determined, in part, that the Petitioner did not meet this criterion because she did not 
establish that the association of which she is a member requires outstanding achievement as an 
essential condition for membership. On appeal, the Petitioner maintains that the evidence of record 
establishes her eligibility. 
The record includes a document titled "Certificate of an Honorary Professor" from the International 
Environmental Chamber for her project, I I The record also includes letters from an 
individual who identifies himself as the president of the organization. The letter in response to a 
request for evidence explains that the mission of the organization is to find ways to reduce 
environmental pollution in the fields of fashion and art and indicates that the chamber is a union for 
fashion students. The letter also provides the following membership application requirements: 
An Autobiography; 
Background information about the candidate; 
Three passport-style photos; 
At least two recommendation letters from the members of [the organization] who 
have been members in good standing for at least three years. The recommendation 
letters should attest to the candidate's outstanding skills and achievements in his/her 
professional field. 
The letter further describes the three individuals who decide on a candidate's membership as 
"recognized experts in the field of Art & Fashion for their achievements and artistic contributions." 
This letter, however, is not corroborated by independent probative evidence to demonstrate the 
legitimacy of its claims. The Petitioner must support her assertions with relevant, probative, and 
credible evidence. See Matter ofChawathe, 25 I&N Dec. at 376. Thus, the Petitioner has not met her 
burden to establish that she meets the requirements of 8 C.F.R. § 204.5(h)(3)(ii). 
Evidence ofthe individual's original scientific, scholarly, artistic, athletic, or business­
related contributions ofmajor significance in the field. 8 C.F.R. § 204.5(h)(3)(v). 
On appeal, the Petitioner asserts that the Director ignored evidence submitted to demonstrate her 
eligibility under this criterion. She cites evidence related to her collaboration with the director of a 
fashion brand from her country who presented a collection during ______ 2015. A letter 
from the brand's director describes her admiration for the Petitioner's skills and understanding of the 
business aspect of the fashion industry. The author further describes the Petitioner's role as the project 
advisor for the collection to be showcased in I I crediting her organizational and creative talents 
for making the showcase a success. The author states, 
Thanks to a successful showcase in I I which our company owns [sic] to [the 
Petitioner], our brand received international recognition by acquiring many 
international clients. Our Instagram following has grown significantly since 2015. 
Having [ the Petitioner] as a Project Advisor for the spring-summer 2016 collection 
undoubtedly played a critical role in expanding our Instagram following and the 
brand's recognition. [The Petitioner's] original designs created for the spring-summer 
2016 collection directly influenced the success of [the] exhibition. 
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Impressed by [the Petitioner's] inimitable work, I requested her permission to use her 
unique models for the development of my collections, to which she luckily agreed. 
[The Petitioner's] exclusive patterns have inspired some of the pieces I created for [the 
brand] that have been profitably selling across Kazakhstan and the neighboring 
countries. Therefore, her original contributions were of major significance to [the 
brand] and the fashion industry in Kazakhstan. 
While the evidence ofrecord serves to demonstrate that the Petitioner's collaboration with this fashion 
brand positively impacted its business, the record does not contain evidence showing how her designs 
or creations significantly impacted the field of fashion design. While the director of this brand may 
anecdotally state that the Petitioner's original contributions were of major significance to the fashion 
industry in her native country, the record does not contain probative evidence to support that claim. 
Similarly, a letter from the previous winner of a major fashion design and competition show in the 
United States asserts that the Petitioner's internship at her boutique in I I Texas, positively 
impacted her small business. The letters from the dean and a division chair at a Texas community 
college that the Petitioner attended generally state that she had a positive impact on students by 
motivating them and sharing her skills, and they show appreciation for her involvement in 
competitions at the school. Like the evidence of the Petitioner's collaboration with the fashion brand, 
these letters serve to illustrate the Petitioner's positive impact on a small business and an art program 
at a community college. This evidence does not, however, show how the Petitioner's involvement 
with these entities constitutes contributions of major significance to the field of fashion design. The 
Petitioner has not shown that she meets the requirements of 8 C.F.R. § 204.5(h)(3)(v). 
Evidence that the individual has pe1formed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 
8 CF.R. § 204.5(h)(3)(viii). 
On appeal, the Petitioner reiterates the evidence of her positive impacts on the fashion brand, the 
boutique, and the community college. She does not provide-and the record did not previously 
include-supplementary evidence showing how the fashion brand, the boutique, and the community 
college ar Iare organizations or establishments that have distinguished reputations. Whilel 
may be an internationally known annual event, the Petitioner has not provided evidence to 
sufficiently demonstrate that the fashion brand with which she collaborated to showcase at the event 
is a brand of distinguished repute. Participation at the event, alone, does not necessarily confer 
distinction upon the participant. 
Likewise, the fact that the owner of the boutique won a nationally known cable television show 
competition does not confer distinction on her small business. The record shows that her boutique 
appeared in local media, in part, because she was originally from the area where she opened the shop. 
The record does not contain evidence demonstrating that this boutique enjoys special distinction 
beyond its immediate locality, nor does the record contain evidence showing that the community 
college enjoys significant renown among the many other colleges in the region. Although the 
Petitioner may have been a positive presence at these organizations, the record does not demonstrate 
that she performed in critical roles for organizations or establishments that have a distinguished 
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reputation. The Petitioner has not met her burden to establish that she meets the requirements of 8 
C.F.R. § 204.5(h)(3)(viii). 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
evidence that meets 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. 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 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). 
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. 
ORDER: The appeal is dismissed. 
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