dismissed EB-1A Case: Folk Art

O.S. Depadment of Homeland Seca~rlty 
20 Mass. Ave., M.W., Ka. A3042 
Washington, DC 23529 
Uo S. Qtizenship 
and Immigration 
Services 
Office: TEXAS SERVICE CENTER Date: . ir 
PETITION: grant Petition for A.lien Worker as an Alien of Extrao~dinaq Ability Pursuant to Section 
203(b)(l)(A) of the I gration and Nationality Act, 8 U.S.C. § 1 853(b)(l)(N 
OF PETITIONER: 
This is the decision of the Administrative Appeals Office in your case. ABI documents have been returned to 
the office that originally decided your case. Any faher inquiry must be made to that office. 
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Robert I?. Wiemann, Di~ector 
Administrative Appeals Office 
DISCUSSION: The employment-based i grant visa petition was denied by the Director, Texas Service 
Center, and is now before the Administrative Appeals Ofice on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 283(b)(l)(A) of the 
Hbgration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established that she qualifies fm classification as an alien 
of extraordinary ability. 
Section 203(b) of the Act states, in pertinent pat, that: 
(1) PHaoajty Workers. -- Visas shall fist be made available . . . to qualified i grants who are aliens 
described in any of the following subparagraphs (A) though (C): 
(A) Miens with Exh-aordinany Ability. -- An alien is described in this subpaa~aph 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 though 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 abijity" mans a Bevel 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. 8 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, howeves, that 
the petitioner must show that she has earned sustained national or international acclaim at the very top level. 
This petition, filed on September 28, 2004, seeks to classify the petitioner as an aIien with extraordinary 
ability as a "Folk kist, Consultant." 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 2000. 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 artist in this country. 
The regulation at 8 C.P.R. 8 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim though 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 
Page 3 
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 recognized prizes or 
awardsfor exceElence in the field of endeavor. 
The petitioner submitted the following: 
I. Certificate stating: "'Your pager-cut work baby cat was awaded the second prize in the 3i kin 
Province the fist session Arts Festival." (1989) 
2. Certificate from the "China Culture Department" stating: "Owning [sic] you prominent contributio-A, 
we conferred you the title: Cha contemporary famous Artist." (1995) 
3. Certificate stating: ""Your paper-cut products were awarded First Prize in the 'Hua Xa ch 
paper-cut artistic presentation' held by the Cha Arts museum." (1996) 
4. Certificate stating: "Your product: Dawn (paper-cut) was awxded as the Silver Prize in the He Nan 
Province First Session Folk Handicrafts museum." (1993) 
5. Certificate of Honor from the Clina Mists' Association stating: "Yow product has been chosen 
into the book: China Contemporag. Folk Arts Collection, which is edited by om Association." 
(1992)' 
6. Certificate of Honor from the Ti Lian Province Public Government "for encouragement in order to 
praise [the petitioner's] prominent contribution in the field of spreading traditional Chinese Culture." 
(undated) 
7'. Certificate of Honor from the China Artists' Association stating: "'Owning [sic] your prominent 
contribution on broadcasting traditional culture, we especially conferred you as the title: outstmding 
folk handicraft master in 1996." 
8. Certificate of Honor from the Shen Yang City Culture Bureau stating: "Your fanner-drawing 
products were given the high praise . . . during this wbm traditional cdtwe exchange activity." 
(1994) 
9. Cecificate stating: "You drawing products were awarded Silver Prize in the 'Hua Xia charming 
paper-cut artistic presentation' held by the Cha Arts museum." (1996) 
Pmsuant to 8 C.F.R. § 103.2(b)(3), any document containing foreign language submitted to Citizenship and 
Immigration Services (CIS) shall be acccoqanied 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 award certificates 
were not certified as required by the regulation. 
Item I, 4. 4, md 8 reflect local or provincial recognition, rather than national or international recognition. In 
regard to Items B through 9, there is no evidence of publicity sunounding the petitioner's awards or evidence 
showing that they enjoy a significant level of recognition. Nor is there any infomation regarding the 
selection criteria or the total number of recipients. Awards regulx81.l~ bestowed upon a large number of 
recipients are of minimal evidentiary weight. Because the statute requi~es "extensive documentation" of 
1 There record contains no actual evidence of the petitioner's published entry in this book. 
Page 4 
sustained national or intemational acclaim, the petitioner must submit contemporaneous evidence showing 
that her awards enjoy significant national or intewationa1 stature. h this case, the record contains no 
supposing documentation from the awarding entities or print media to establish that the petitioner's awards 
are nationally recognized awards for artistic excellence. 
h addition to the above deficiencies, the record contains no evidence showing that the petitioner has won any 
significant awards subsequent to 1996. The absence of such awards indicates that the petitioner has not 
sustained whatever acclaim she may hake earned in China during the 1990's. 
Documentation of the alien's membership in associations in the fieldfor which classification 
is sought, which require outstanding achievements oftheir members, as judged by recognized 
national or international experts in their disciplines orfields. 
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 employmnt or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recornendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. h addition, it Is clear from the regulatory language that members must be selected at ulhe 
national or international level, rather than the local or regional level. Therefore, membership in an association 
that evaluates its membership applications at the locall 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 pea:tioner submitted a "Technician Occupation Qualification Certificate," but this document does not 
constitute membership in an association. Furthemore, we do not find that fulfillment of basic certification 
requirements is evidence of outstanding achievement. 
The petitioner also submitted a Certificate of Honor inviting the petitioner to membership in the China 
Artists9 Association. The record, however, does not include the membership bylaws or official admission 
requirements for this assoelation. There is no evidence showing that adnissioa to membership in this 
association required outstanding achievement or that the petitioner was evaluated by national or international 
expe~s in consideration of his admission to membership. 
Evidence ofthe alien's authorship of scholarly articles in tAe$eld in professional or major trade 
publications or other major media. 
The petitioner submitted what she alleges is evidence of her authorship of articles in the New-Culture 
Newspaper and the Yan li City Evening Newspaper. The %ranslations accompanying these articles were not 
certified as required by the regulation at 8 C.F.R. $ %03.2(b)(3). Furthemore, there is no evidence showing 
that these articles were actually published under the petitioner's name or evidence of their significant nationah 
or international distribution. Nor is there supporting evidence showing tbat the petitioner's articles were 
viewed throughout her field as significantly influential. 
Page 5 
Evidence ofthe display ofthe alien's work in thefield at artistic exhibitions or showcases. 
It must be stressed that an artist does not satisfy this criterion simply by arranging for her work to be 
displayed; otherwise most, if not all, visual artists would satisfy this criterion, rendering it meaningless. h 
this case, the petitioner has not submitted evidence demonstrating that her works have been displayed at 
significant national venues. Nor is there any indication that the petitioner's woxks have been featwed along 
side those of artists who enjoy national or international reputations. Furthemore, the petitioner has not 
demonstrated her regular participation in shows or exhibitions at major venues devoted largely to the display 
of her work alone. The evidence presented by the petitioner is not sufficient to show that her exhibitions 
enjoy a national reputation or that participation in her exhibitions was a privilege extended to only top 
national or international artists. 
h this case, the petitioner has failed to demonstrate that she meets at Peast thee of the criteria that must be 
satisfied to establish the sustained national or international acclaim necessary to qualify as an dien of 
extraordinary ability. 
Review of the record does not establish that the petitioner has distinguished herself to such an extent that she my 
be said to have achieved sustained nationd 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 al others in her fierd at a national or international level. Therefore, the petitioner has not established 
eligibility pursuant to section 203(b)(l)(A) of the Act manad the petition may not be approved. 
Beyond the decision of the director, the ]regulation at 8 C.F.R. Q 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 
statemen; from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The September 8, 2004 letter accompanying the petition does not adequately detail how the 
petitioner intends to continue her work in the United States. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enteqrisw, kc, v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 20691), afd. 345 F.3d 483 
(9th Car. 2003); see also Dor v. INS, $91 F.2d 997, 1002 n. 9 (2d Cir. B989)(noting that the AAO reviews 
appeals on a de nsvo basis). 
The petition wi31 be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely with the petitioner. Section 2911 of the Ace, 8 U.S.C. ?$ 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.