dismissed EB-1A Case: Fine Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
identifying data deleit& im u.S. Citizenship 
piwent clearly unwmted and Immigration 
invadon of pmoqsi & 
PUBLIC COPY 
Office: CALIFORNIA SERVICE CENTER Date: OEC 0 2 20~ 
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 1 153(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 
ed your case. -~n~ further inq;iry must be made to that office. 
/ / Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 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 immiqant 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 in the 
arts. The director determined that the petitioner had not estabpished the sustained national or international 
acclaim requisite to classification as an alien of extraordinary ability. On appeal, the petitioner submits a brief 
and additional supporting documents. We uphold the directorls,decision for the reasons discussed below. 
Section 203(b) of the Act states, in pertinent part: 
(1) 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 into the United States will substantially benefit prospectively 
the United States. 
Specific supporting evidence must accompany the petition to document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. tj 204.5(h)(3). An alien can establish sustained national or 
international acclaim through evidence of a "one-time achievement (that-is, a major, international recognized 
award)." Id. Absent such an award, an alien can establish the necessary sustained acclaim by meeting at least 
three of ten other regulatory criteria. Id. However, the weight given to evidence submitted to fulfill the criteria 
at 8 C.F.R. 5 204.5(h)(3), or under 8 C.F.R. 5 204.5(h)(4), must depend on the extent to which such evidence 
demonstrates, reflects, or is consistent with sustained national or international acclaim at the very top of the 
alien's field of endeavor. A lower evidentiary standard would not be consistent with the regulatory definition 
of "extraordinary ability" as "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). 
In this case, the petitioner seeks classification as an alien with extraordinary ability as a fine artist. With her 
petition and in response to the director's Request for Evidence (RFE), the petitioner submitted supporting 
documents including evidence of her academic credentials; the publication of her work in one book, catalogues 
and art periodicals; the display of her work at exhibitions and art fairs; and numerous newspaper articles that 
mention, discuss or contain photographs of her work. On appeal, the petitioner submits a brief and 14 support 
letters from friends, colleagues and customers. The petitioner also submits printouts of two electronic mail 
messages on appeal that we cannot consider because they discuss events that arose after the petition was filed. 
The petitioner must establish eligibility at the time of filing;-a petition cannot be approced at a future date after 
the petitioner becomes eligible under a new set of facts. See 8 C.F.R. $j 103.2(b)(12), Matter of Katigbak, 14 
I&N Dec. 45,49 (Comm. 1971). The petitioner's claims and the remaining eddence submitted on appeal do not 
overcome the deficiencies of the petition and the appeal will be dismissed. We address the record and the 
petitioner's contentions in the following discussion of the regulatory criteria relevant to the petitioner's case. 
The petitioner does not claim eligibility under any criteria not discussed below. 
(i) Documentation of the alien's receipt of lesser nationally,or internationally recognizedprizes or awards 
for excellence in theJield of endeavor. 
The petitioner claims to meet this criterion by virtue of her third-place award in a South African children's book 
illustration competition. The record contains a letter addressed to,tbLpetitioner and -written in Afrikaans. The 
letter was submitted with an uncertified English translation. Any document in foreign language that is 
submitted to Citizenship and Immigration Services (CIS) must be accompanied by a full English translation that 
the translator has certified as complete and accurate and the translator's attestation that he or she is competent to 
translate from the foreign language into English. 8 C.F.R. 3 103.2(b)(3'). .Because the petitioner failed to submit 
certified translations of the document, we cannot determyle wliether the evidence supports the petitioner's 
claim. Id. We note, however, that the letter is dated 1986 seventeen years before this petition was filed. 
Hence, the award does not demonstrate the requisite sustainedcclaim. 
The petitioner also claims to satis@ this criterion because she was granted a stipend to represent South Africa-at 
international art shows. The record contains a letter from 
- 
rade Advisor for Export Marketing 
Investment Assistance, Trade and Investment South Africa. e e er is dated April 15, 2002, addressed to 
Hettie Saaiman Graphic Art and states, "Trade and Investment South Afrfca (TISA) has financially assists [sic] 
the above mentioned company with Individual Exhibitions Internatignally Jsic] since 1995 till [sic] date. The 
company has exhibited in the following countries: United Kingdom, France, Netherlands, USA, Singapore and 
Dubai." Prior counsel stated that "[nlo other artist from South Africa was chosen for this type of award." Yet 
the record contains no evidence to corroborate this statement or the assertion that the petitioner's TISA financial 
assistance is a nationally or internationally recognized award. Simply going on record without supporting 
documentary evidence is not sufficient to meet the burden of proof in these proceedings. Matter of SofJici, 22 
I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). 
On appeal, the petitioner also states that South African President Thabo Mbeki acquired one of her paintings for 
his personal collection. The record contains a photograph of President Mbeki and the "Major of Ballito" 
holding a painting, but no corroborative evidence that the pictured painting is the petitioner's. Even if fully 
documented, the acquisition of an artist's work by a famous politician is not a nationally or internationally 
recognized prize or award for artistic excellence. Moreover, the petitioner submitted a copy of her daughter's 
high school report about her, which states that the petitioner's former husband "ran in election for the major of 
Ballito." This statement and the photograph suggest that the painting was presented to President Mbeki as a gift, 
rather than personally selected by him. 
The record contains no evidence that the petitioner has won nationally or internationally recognized prizes or 
awards for artistic excellence in a manner consistent with the requisite sustained acclaim. Accordingly, the 
petitioner does not meet this criterion. 
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L. 
(ii)-~ocumentation of the alien's membership in associations in the field for which classlJication is sought, 
wh'ich require outstanding achievements of their members, as judged by recognized national or 
international experts in their disciplines or fields. a 
Although she does not explicitly claim eligibility under this criterion, the petitioner submitted a letter on appeal 
that refers to her membership in one artistic association. Janet Spretter states that the petitioner belongs to the 
"Four Seasons Artists of Maui Program" and that the petitioner "is one of the original members of the 
that currently consists of a very select group of about fifty artists." The record contains no corroborative 
evidence of this program, its membership criteria or other documentation that ouZBfiding achievements are 
prerequisite to membership in the program. In addition, Ms. Spreer indicates that the program is regional and 
does not state that the program is recognized in the visual arts field wtside of Maai. The record contains no- 
evidence of the petitioner's involvement with any other artistic &sociations, membership in which would reflect 
sustained national or international acclaim. Accordingly, the petitioner does not meet this criterion. 
(iii) Published makrial 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 ofthe material, and any necessary translation. 
The record contains numerous newspaper articles that mention the petitioner, discuss her work or contain 
photographs of her paintings. These articles were publishedbetween 1983 and 1999 in the following South 
African newspapers: The Sunday Tribune, North Coast Courier, South Coast Fever, South Coast Herald, 
Pretoria News, and Coastal Courier. On appeal, the petitioner claims that "[tlhe newspaper are [sic] considered 
daily and in the top three newspapers sold in South Africa. S?e Exhibit A enclosed." The materials submitted 
on appeal do not include the referenced "Exhibit A" ck any other evidence that the submitted articles were 
printed in major South African media with national circulation, publication in which would reflect national 
acclaim. Again, simply going on record without supporting documentary evidence is not sufficient to meet the 
burden of proof in these proceedings. Soflci, 22 I&N Dec. at 165. 
As further evidence of her eligibility under this criterion, the petitioner submitted-excerpts from the catalogues 
of fine art printing and publishing companies that have purchased the copyrights to some of the petitioner's 
work. Promotional commercial publications such as these catalogues do not meet this criterion because they are 
selling or advertising an artist's work, for which the artist has or will be compensated. Commercial catalogues 
are thus part of a company's work product and are not equivalent to professional, major trade publications or 
other major media. The petitioner herself states that her work is featured in these catalogues because she has 
sold the copyrights and receives royalties for reproductions of her work sold by the companies. 
Apart from the catalogues, the petitioner submits excerpts from two editions of Art Expressions. The Autumn- 
Winter 2000 edition of this magazine includes a one-paragraph entry about the petitioner and a small 
reproduction of one of her paintings. This brief mention of the petitioner's work does not reflect sustained 
acclaim. The back cover of the Winter-Spring 2003 edition of Art Expressions includes small reproductions of 
two of the petitioner's paintings in a collage of images for what appears to be an advertisement for 
Eurographics. Advertisements featuring an alien and his or her work are not published materials about the alien, 
because the inclusion of the alien's work is the result of a commercial agreement and not independent media 
coverage reflective of national or international acclaim. 
A one-sentence mention of the petitioner and a picture of one of her paintings was published in 1998 in Picture 
Business as part of an article previewing the "Image 98" world trade show in Las Vegas. The petitioner states 
that Picture Business is a monthly magazine for art and framing, but the record contains no corroborative 
evidence that Picture Business is a professional or major trade publication in the petitioner's field. The 
petitioner further states that there have been "several articles" about her work published by this magazine, but 
the record contains evidence of just one article that mentions the petitioner. .Simply going on record without 
supporting documentary evidence is not sufficient to meet the burden of proof in these proceedings. Sofici, 22 
I&N Dec. at 165. 
The record includes excerpts from a book entitled "The Collector's Guide to Art and Artists in'South Africa[:] 
A Visual Journey Into the Thoughts, Emotions and Minds of 558 Artists." This book includes a short entry for 
the petitioner and was published in 1998. The petitioner's inclusion in this compendium of over 500 artists 
published five years prior to'the filing of this petition does not demonstrate sustained national acclaim. 
r2P 
The petitioner also submitted articles that mention or discuss her work, which were published in the following 
Hawaiian newspapers: Lahaina News, Maui News, ahd Gold Coast. The record contains no evidence that any 
of these newspapers are nationally circulated or are otherwise considered major media, publication in which 
might reflect national acclaim. 
In review, the petitioner submitted numerous printed documents that mention, discuss and reproduce the 
petitioner's work. However, the record contains Go evidence that these pieces have been printed in professional, 
major trade publications or other major media in a manner consistent with the requisite sustained acclaim. The 
director only briefly addressed the newspaper articles and found that they met this criterion. However, when 
fully assessed, the relevant evidence does not establish that the petitioner meets this criterion. 
(iv) 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 alliedjeld of specification for which classzjkation is sought. 
On appeal, the petitioner claims to meet this criterion because she "submitted evidence that she judged art works 
at competitions in Maui, and when she was a teacher in South Africa. She has spoken at art festivals in the 
United States, appraising and evaluating the works of other attists." The record does not support this claim. 
The evidence submitted shows that the petitioner has taught art courses in South Africa and the United States, 
but does not establish that she judged art competitions or evaluated the work of other artists at festivals in either 
country. A short announcement published in the Maui News in 2002 reports that the petitioner will give an ink- 
painting workshop at the "Art School in Kapalua." The petitioner states that she has offered numerous 
workshops at this school since 2002, but the record only documents this one ink-painting workshop. Two 
newspaper articles confirm that the petitioner also taught art classes in South Africa. An article published in the 
August 12, 1983 edition of the Coastal Courier states that the petitioner "finds time to give art classes to those 
wishing to further persue [sic] their talents." Another article published in the April 9, 1999 edition of the South 
Coast Herald states that the petitioner's "career has included lecturing in illustration, photography and figure 
drawing at ML Sultan Technikon and packaging and figure drawing at Natal Technikon." The record contains 
no further evidence regarding the petitioner's teaching and no documentation that she judged art competitions or 
evaluated other artists' work at festivals in South Africa or the United States. The petitioner's mere assertion of 
her judging experience is insufficient. Simply going on record without supporting documentary evidence is not 
sufficient to meet the burden of proof in these proceedings. Soflci, 22 I&N Dec. at 165. 
While the petitioner's teaching inevitably involved judgment of her students' work, duties or activities which 
nominally fall under a given regulatory criterion at 8 C.F.R. $204.5(h)(3) do not demonstrate national or 
international acclaim if they are inherent or routine in the occupation itself. The petitioner submitted no 
evidence that she judged of the work of other visual artists in a manner significantly outs'ide the general duties of 
her teaching positions and reflective of sustained national or international acclaim. Accordingly, she does not 
meet this criterion. 
(v) Evidence of the alien's original scientiJic, scholarly, artistic, athletic, or business-related contributions of 
major signiJicance in thejeld. 
On appeal, the petitioner claims to meet this criterion because she has "been recognized by the best Art Critic 
magazines in the world . . . . [and] by Affiches Catalogues from Italy[;]" because she "has been granted a one- 
man show in South Africa, United Kingdom, Seychelles and Holland[;]" and because reproductions of her 
artwork have been purchased to "create calendars in France, Italy, South Africa and New Zealand" as well as 
"stationary, posters, prints, pottery, boxes, stickers, notebooks, letter s:ts, pencil cases and photograph albums." 
The record does not support this claim. 
s. 
The petitioner submitted excerpts from publishing and printing catalogues that feature her work. As discussed 
above under the third criterion, these commercial catalogues are in-house publications by companies that have 
purchased the copyrights to the petitioner's featured work. The petitioner submitted no corroborative evidence 
that Affiches Catalogues, the Breakthrough Catalogue or Collingwood Art ~e~roductiois are critical art 
periodicals rather than commercial trade publications. Again, simply going on record without supporting 
documentary evidence is not sufficient to meet the burden of proof in these proceedings. Soflci, 22 I&N Dec. at 
165. Moreover, the petitioner submitted no evidence that her work, as featured in these catalogues, significantly 
influenced other visual artists or otherwise had a major impact on her field. 
The record contains short mentions of the petitioner's work in Art Expressions and Picture Business, but as 
discussed under the third criterion, these references to the petitioner are iot substantive, critical reviews of her 
work and they do not establish that the petitioner has made original contributions of major significance to her 
field. The petitioner has also not submitted any evidence regarding the editorial criteria and circulation of either 
of these magazines. 
As is further discussed under the seventh criterion, the record shows that the petitioner has exhibited her work in 
South Africa, the United States and the United Kingdom. Although the petitioner claims she has also shown her 
work in Seychelles and Holland, the record contains no corroborative evidence of such exhibitions. Simply 
going on record without supporting documentary evidence is not sufficient to meet the burden of proof in these 
proceedings. SofJici, 22 I&N Dec. at 165. Some of the submitted newspaper articles favorably mention or 
review the petitioner's exhibitions, but the record contains no evidence that these articles were published in 
nationally circulated newspapers or otherwise demonstrate significant recognition in her field in a manner 
reflective of sustained national or international acclaim. 
The record also contains copies of greeting cards, gift wrap tags, and calendars that the petitioner claims feature 
her work, but the copies themselves are attributed to Creative Stationary, Intercontinental Greetings, Ltd., and 
Calah Paper, not the petitioner. Even if the record documented that the petitioner designed these products, the 
Page 7 
record contains no evidence that any of the products were critically acclaimed, significantly influenced other 
graphic artists, or otherwise made a substantial impact on the petitioner's field. 
Finally, the support letters submitted on appeal praise the petitioner's work, her character, and her contributions 
to the visual arts community in Maui. Yet these letters do not identify any major cdntributions that the 
petitioner has made to her field. 
The relevant evidence indicates that the petitioner has received limited recognition for her work in regional 
newspapers and two art periodicals, that her work has been reproduced in art publishing and printing catalogues, 
and that she has exhibited her work in South Africa, the United Kingdom and the United States. Yet the record 
contains no evidence that the petitioner's work has been critically acclaimed in substantive reviews published in 
major art periodicals, that her work has significantly influenced other artisfs, or that she has otherwise been 
recognized as making original and major contributions to her field- in a manner consistent with sustained 
national or international acclaim. Accordingly, the petitioner does not meet this criterion. 
I 
(vii) Evidence of the display of the alien's work in thef;eld at artistic exhibitions or showcases. 
Frequent display of artwork is intrinsic to most professions in the visual arts. However, duties or activities 
which nominally fall under a given regulatory criterion at 8 C.F.R. $ 204.5(h)(3) do not demonstrate national 
or international acclaim if they are inherent or routine in the occupation itself, or in a substantial proportion of 
positions within that occupation. In this case, the record documents the petitioner's exhibition of her work in 
South Africa, the United Kingdom and the United States. As discussed under the third and fifth criteria, the 
record contains no evidence that the petitioner's work has been critically acclaimed in substantive articles 
published in major art periodicals or other major media. The petitioner submits evidence that she has displayed 
her work in competitive exhibitions and art fairs, but the record does not persuasively establish that these events 
were nationally or internationally recognized as premier exhibitions in the petitioner's field or that the 
petitioner's work was otherwise displayed in a manner consistent with sustained national or international 
acclaim. The petitioner also submitted photographs of the display of her work at a hotel and a shopping mall in 
Maui that show the petitioner with her work set out on a table in what appears to be the hotel lobby and the 
shopping mall food court. Such venues do not demonstrate the requisite acclaim. In review, the relevant 
evidence does not establish that the petitioner has displayed her work at artistic exhibitions or showcases in a 
manner consistent with the requisite sustained acclaim. Accordingly, she does not meet this criterion. 
(ix) Evidence that the alien has commanded a high? salary or other sign2Jicantly high remuneration for 
services, in relation to others in thef;eld. 
The petitioner initially claimed that she met this criterion because she earns an annual income of $80,000 and is 
represented by a licensing company in New York City. However, the record contains no comparable evidence 
that the petitioner's salary or remuneration is significantly higher than other visual artists in the United States or 
South Africa or comparable to such artists at the very top of their field. Accordingly, the petitioner does not 
meet this criterion. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act, 8 U.S.C. 5 1153(b)(l)(A), 
only if the alien can establish extraordinary ability through extensive documentation of sustained national or 
international acclaim demonstrating that the alien has risen to the very top of his or her field. The evidence in 
this case indicates that the petitioner is a successful visual artist. However, the record does not establish that the 
Page 8 
petitioner has achieved sustained national or international acclaim placing her at the very top of her field. She is 
thus ineligible for classification as an alien with extraordinary ability pursuant to section 203(b)(l)(A) of the 
Act, 8 U.S.C. 3 1 153(b)(l)(A), and her 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. 3 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be 
dismissed. 
ORDER: The appeal is dismissed.