dismissed EB-1A Case: Fashion Design

U.S. Department of Homeland Securlty 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
3 
Office: VERMONT SERVICE CENTER Date: 
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. 8 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. 
Administrative Appeab Office 
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DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office (AAO) 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. $ 1 1 53(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: 
(I) Priority 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 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. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (November 29, 1991). 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. $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. 
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 December 27, 2004, seeks to classify the petitioner as an alien with extraordinary 
ability as a fashion designer. As required by section 203(b)(l)(A)(i) of the Act and the regulation at 8 C.F.R. 
(j 204.5(h)(3), the petitioner must demonstrate that his national or international acclaim has been sustained. 
The record reflects that the petitioner has been residing in the United States since November 17,2000. Given 
the length of time between the petitioner's arrival in the United States and the petition's filing date (more than 
four years), it is reasonable to expect him to have earned national acclaim in the United States during that 
time. The petitioner has had ample time to establish a reputation as a fashion designer in this country. 
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In a December 22,2004 letter accompanying the petition, the petitioner states: "I am applying for adjustment 
of status in the U.S. based on my extraordinary ability in fashion design . . . . My training in fashion design is 
well accomplished, because in 1981 I graduated from Chengdu Garment Corporation Affiliated Technical 
College. . . . I had received formal vocational education at college level." 
The petitioner's initial submission included a "Certificate for Professional Credentials" issued by the Labor 
and Social Security Ministry of the People's Republic of China contradicting his assertions. According to the 
"Certificate for Professional Credentials" issued on March 20, 2001, the petitioner's "Education Level" is 
"Senior Middle School" (rather than college graduate) and his "Type of Work" is "Chinese Cooking Chef." 
In response to the director's request for evidence, the petitioner submitted further conflicting evidence. The 
petitioner submitted a June 2, 1992 "Certificate of Vocational Qualification" issued by the Department of 
Labor and Social Security of the People's Republic of China contradicting the March 20, 2001 "Certificate 
for Professional Credentials." According to the "Certificate of Vocational Qualification" issued on June 2, 
1992, the petitioner's education level is "College" rather than "Senior Middle School" as indicated in the 
March 20,2001 "Certificate for Professional Credentials." 
The petitioner's response also included a July 1, 1976 Certificate of Graduation from the "Fifteenth High 
School of Chengdu City" and a December 25, 1982 Certificate of Graduation from the "Academic 
Enhancement College of Chengdu City." In his December 22, 2004 letter, however, the petitioner stated that 
he graduated &om the "Chengdu Garment Corporation Afftliated Technical College" in "1 981 ." Further, the 
"Certificate for Professional Credentials" issued on March 20, 2001 indicated that the petitioner's "Education 
Level" was only "Senior Middle School" contradicting the July 1, 1976 and December 25, 1982 Certificates 
of Graduation. 
The petitioner has not resolved the aforementioned discrepancies. 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 regulation at 8 C.F.R. 8 204.5(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. 
In an April 6, 2005 request for evidence notice issued by the director, the petitioner was specifically 
instructed to submit "evidence of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor." 
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In response to the director's request for evidence, the petitioner submitted a certificate issued by the "Textile 
Bureau of Chengdu City" stating that he "was awarded a Magnificence Cup First Grade Prize of Apparel 
Design in Chengdu City" in 1984. The petitioner also submitted a certificate stating that he "was awarded 
'Flying Apsaras' Cup Special Grade Prize of Apparel Design in Sichuan Province" in 1987. The petitioner's 
response also included a Certificate of Prize stating issued by the "Apparel Design Institute of Sichuan Province" 
stating that he "was awarded First Grade Prize of Excellent Apparel Design in 1990." The preceding awards, 
however, reflect local or provincial recognition rather than national or international recognition. 
On appeal, the petitioner submits a Certificate of Prize stating that he was awarded a "No. 1 professional 
trainers' prize in 1994" from the Educational Ministry of the People's Republic of China. The petitioner also 
submits a Certificate of Honor issued by the Cultural Ministry of the People's Republic of China stating that 
he was awarded a "Special Grade prize in 1998 for his outstanding contribution in designing Sichuan Opera 
apparel." The petitioner was put on notice of required evidence and given a reasonable opportunity to provide 
it for the record before the visa petition was adjudicated. The petitioner failed to submit these awards in 
response to the director's April 6,2005 request for evidence and now submits them on appeal. However, the 
AAO will not consider this evidence for any purpose. See Matter of Soriano, 19 I&N Dec. 764 (BIA 1988); 
see also Matter of Obaigbena, 19 I&N Dec. 533 (BIA 1988). If the petitioner had wanted the submitted 
evidence to be considered, he should have submitted the documents in response to the director's request for 
evidence. Id. 
In this case, there is no evidence of contemporaneous publicity surrounding the petitioner's awards or 
evidence showing that they command a substantial level of recognition. Nor is there evidence that would 
demonstrate the number of awards given, the criteria for granting these awards, the level of expertise of those 
considered, and the number of individuals eligible to compete. We note here 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 adequate evidence showing that the awards presented under this criterion 
enjoy significant national or international stature. In this case, there is no supporting documentation from the 
awarding entities or print media to establish that the petitioner's awards are nationally or internationally 
recognized @wards. 
In addition to the aforementioned deficiencies, there is no evidence showing that the petitioner has received any 
prizes or awards since 1998. The absence of such evidence indicates that the petitioner has not sustained 
whatever acclaim he may have earned while in China. 
In light of the above, the petitioner has not established that he meets this criterion. 
Documentation of the alien's membership in associations in the field for which classijication 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 
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 
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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 what is alleged to be his certificate of membership (issued on July 1, 1995) for the 
Sichuan Provincial Society of Textile Engineering (SPSTE). There is no evidence showing the duration of 
petitioner's membership or whether he remained active in this association in recent years. Further, the record 
does not include the membership bylaws or the official admission requirements for the SPSTE. There is no 
indication that admission to membership in this society required outstanding achievement or that the 
petitioner was evaluated by national or international experts in consideration of his admission to membership. 
Thus, the petitioner has not established that he meets this criterion. 
Evidence of the alien S original scientiJic, scholarly, artistic, athletic, or business-related 
contributions of major sign@cance in the$eld. 
In response to the director's request for evidence, the petitioner submitted letters of support from his customers 
and individuals with whom he has worked. The appellate submission includes an April 5, 2006 letter from 
a fashion designer with whom the petitioner has consulted. These individuals state that they 
for his skill and experience as a tailor and fashion designer, but their observations are 
not sufficient to demonstrate that he is widely recognized throughout his field for an original contribution of 
major significance. The letters of support provide no specific information regarding how the petitioner's 
contributions have influenced the fashion industry at the national or international level. Pursuant to section 
203(b)(l)(A)(i) of the Act and the regulation at 8 C.F.R. $ 204.5(h)(3), the classification sought requires 
documentary evidence of sustained national or international acclaim, and the petitioner cannot arbitrarily 
replace such evidence with attestations limited to his immediate acquaintances from China and the United 
States, who assert that he has "excellent designs" and that his work is "highly praised." Without extensive 
documentation showing that the petitioner's work has been unusually influential or highly acclaimed at the 
national or international level, we cannot conclude he meets this criterion. 
Evidence of the alien's authorship of scholarly articles in thejeld, in professional or major trade 
publications or other major media. 
In response to the director's request for evidence, the petitioner submitted what are alleged to be scholarly 
articles written by him entitled "An Analysis on the Development Trend and Market of Sewing Thread" and 
"On Apparel in 21' Century." Pursuant to 8 C.F.R. $ 103.2(b)(3), any document containing foreign language 
submitted to 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 articles were not certified as 
required by the regulation. Further, the record includes no evidence showing that these articles were published 
in "professional or major trade publications or other major media."Nor is there is evidence of the field's reaction 
to the petitioner's articles, or any indication that they are widely viewed as significantly influential. For 
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example, the record includes no citation indices showing that the petitioner's articles were frequently cited by 
others in his field.' Thus, the petitioner has not established that he meets this criterion. 
Evidence of the display ofthe alien S work in the field at artistic exhibitions or showcases. 
Although the petitioner claims to be a fashion designer, the record includes no evidence showing that his work 
has been displayed at nationally or internationally recognized fashion shows. Thus, the petitioner has not 
established that he meets this criterion. 
In this case, the petitioner has failed to demonstrate his receipt of a major internationally recognized award, or 
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. Further, the record does not establish that 
whatever acclaim the petitioner had in China during the 1990's has been sustained subsequent to his entry 
into the United States in 2000. There is no evidence showing that the petitioner has sustained national 
acclaim as a fashion designer in this country. 
Review of the record does not establish that the petitioner has distinguished himself to such an extent that he may 
be said to have achieved sustained national or international 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. tj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed. 
' Frequent citation by independent researchers would demonstrate widespread interest in, and reliance on, the petitioner's 
work. If, on the other hand, there are few or no citations of his work, suggesting that that work has gone largely 
unnoticed by the greater research community, then it is reasonable to conclude that his articles are not nationally or 
internationally acclaimed.