dismissed EB-1A Case: Horticulture, Bonsai, And Ikebana Art

U.S. Department of Eomeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
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@ and Immigration 
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FILE: Office: VERMONT SERVICE CENTER Date: DEC 1 6 2005 
EAC 05 068 50719 
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 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. 
i j Administrative Appeals Ofice 
b 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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 immigrant 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. The 
director determined the petitioner had not established the sustained national or intemational acclaim necessary to 
qualify for classification as an alien of extraordinary ability. 
Section 203(b) of the Act states, in pertinent part, that: 
(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 to the United States will substantially benefit prospectively the 
United States. 
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. 
5 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or intemational acclaim and recognition in his or her field of expertise are set forth in the regulation 
at 8 C.F.R. 3 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that she has earned sustained national or international acclaim at the very top level. 
This petition, filed on December 16, 2004, seeks to classify the petitioner as an alien with extraordinary 
ability as a Horticulture, Bonsai, and Ikebana artist. 
The regulation at 8 C.F.R. 5 204.5(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 recognized prizes 
or awards for excellence in the field of endeavor. 
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The petitioner submitted the following: 
1. "Honor Certificate" from the "Transportation Afforestation Members Association" stating that the 
petitioner received the "Honorary Title 'Red Hag Individual' of the Afforestation Beautification of 
1993" 
2. "Honor Certificate" from the "Chinese Artists' Association" and the "Chinese Bonsai Association" 
stating that the petitioner's flower arrangement "received the honorary title of the Outstanding 
Exhibition work" (2002) 
3. "Honor Certificate" from the "Transportation Afforestation Members Association" naming the 
petitioner an "Afforestation Advanced Individual" (1999) 
4. "Honor Certificate" from the "Chinese Artists' Association" naming the petitioner an "Outstanding 
Individual" (1 995) 
5. "Honor Certificate" from the "Bonsai Art Association of China" for the petitioner's "Outstanding 
Contribution in the field of Bonsai Art" (2001) 
6. "Honor Certificate" from the "Fan Yu Tech Institute" stating that the petitioner received the title 
"Outstanding Teacher of year 2002 to 2003" 
Pursuant to 8 C.F.R. 5 103.2(b)(3), any document containing foreign language submitted to Citizenship and 
Immigration Services (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 award certificates 
were not certified as required by the regulation. 
In regard to items 1 through 6, the petitioner has not submitted evidence showing the degree of recognition 
accorded to her awards. There is no evidence showing that these certificates are nationally recognized awards 
for excellence rather than institutional recognition. The evidence submitted by the petitioner does not indicate 
the total number of certificates distributed, the criteria used in determining recipients, or the level of publicity 
associated with the award presentations. 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 certificates presented under this criterion enjoy significant 
national or international stature. Simply alleging that an award is nationally recognized cannot suffice to 
satisfy this criterion. In this case, the record includes no documentation from the awarding entities or the 
print media to establish that the petitioner's awards are nationally recognized awards for artistic excellence. 
Documentation of the alien'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. 
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 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
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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. 
On appeal, the petitioner submits what is alleged to be evidence of her membership in the Shanghai Flower 
Art and Arrangement Association (SFAAA). The record, however, includes no evidence of the membership 
bylaws or the official admission requirements for this association. There is no evidence demonstrating that 
admission to membership in the SFAAA required outstanding achievement or that the petitioner was 
evaluated by national or international experts in consideration of her admission to membership. 
Published materials 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. 
In order for published material to meet this criterion, it must be primarily about the petitioner and, as stated in the 
regulations, be printed in professional or major trade publications or other major media. To qualify as major 
media, the publication should have significant national or international distribution. An alien would not earn 
acclaim at the national or international level from a local publication or from a publication in a language that most 
of the population cannot comprehend. Some newspapers, such as the New York Times, nominally serve a 
particular locality but would qualify as major media because of significant national distribution, unlike small local 
community papers.1 
On appeal, the petitioner submits what is alleged to be an article about her published in Beijing Daily News in 
2003. The translation accompanying this article was not certified as required by the regulation at 8 C.F.R. 
5 103.2(b)(3). We further note that the petitioner has not provided the name of the author of this article or 
evidence showing that Beijing Daily News has substantial national readership. In this case, we find no 
evidence to demonstrate that the petitioner has earned sustained acclaim in the national media of China or the 
U.S. 
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 alliedfield of specification for which classijication is sought. 
The regulation at 8 C.F.R. 5 204.5(h)(3) provides that "a petition for an alien of extraordinary ability must be 
accompanied by evidence that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Evidence of the petitioner's participation as a 
judge must be evaluated in terms of these requirements. For example, serving as a judge for a national 
competition involving professional artists is of far greater probative value than serving as a judge for a local 
competition involving amateur artists. 
1 
Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, cannot 
serve to spread an individual's reputation outside of that county. 
The petitioner submitted an "Appointment Certificate" allegedly issued by the China Artists' Association 
stating: "We especially appoint [the petitioner] as The 8" Annual Botanical garden design Contest Judge." 
The record, however, includes no information about this contest or evidence of the petitioner's activities as a 
judge. We note here that the plain wording of this criterion requires "[elvidence of the alien's participation . . . 
as a judge of the work of others." In this instance, the record lacks information regarding the nature of the 
petitioner's duties in this capacity, the names of the individuals she evaluated, and their level of expertise 
(i.e.- novice, amateur, or professional). Furthermore, we note the absence of published material or national 
publicity surrounding the petitioner's involvement at this contest. We cannot ignore that the statute and 
regulations require "extensive documentation" of sustained national or international acclaim. Without 
evidence showing that the petitioner's activities involved evaluating professional artists at the national level, 
we cannot conclude she meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
publications or other major media. 
The petitioner submitted what is alleged to be an article she wrote for Jinlin People Daily. The petitioner also 
submitted what she alleges is evidence of her authorship of two books entitled Ideal Condition Flower 
Arrangement Art and Modern East and West Flower Arrangement - Rhyme of the  lower.^ There is no 
evidence of the field's reaction to these published works, nor any indication that they are widely viewed as 
significantly influential. Furthermore, there is no evidence showing that these publications enjoy substantial 
national or international readership. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner submitted various photographs of what are alleged to be her floral creations. The specific 
venues where these creations have been displayed have not been identified. In fact, there is no credible 
evidence (such as an event program or art brochure) confirming the petitioner's involvement in any art 
"exhibition" or "showcase" in the U.S. or China. 
The petitioner submitted a document entitled ' and an article entitled "Ikebana workshop 
held at Beijing" which mention that she conducted flower-arranging workshops at the "Shanghai County Fair 
Building7' and at the "Beijing Art Center." We are not persuaded that conducting a "workshop" constitutes an 
"exhibition" or "showcase" for vuruoses of this criterion, nor is the evidence of record adeauate to 
L * 
demonstrate the petitioner's actual presence at these events. In regard to the-' document, a 
number of deficiencies and inconsistencies are immediately apparent. This document states: 
The 24" Ikebana Flower Show Presented by Ikebana International, Shanghai Bay Area Chapter 
The evidence submitted by the petitioner shows only the front cover of these books. The translations accompanying the 
book covers were not certified as required by the regulation at 8 C.F.R. 5 103.2(b)(3). 
Page 6 
Ikebana 2003 displayed floral creations by the Bay Area's best artists of floral design. 
* * * 
between 9& & 7& Avenue. 
Tickets: Purchased before April 5,2003 $5.00 
The record reflects that the petitioner resided in China until she entered the U.S. on September 6, 2004. We 
cannot ignore that references to "the Bay Area," the "County Fair Building," and 
relate to the city of San Francisco rather than the city it is 
unlikely that a promotion for an event held in Shanghai would be posted in English rather than Chinese. It is 
also unlikely that ticket prices would be listed in U.S. dollars rather than Chinese currency. The petitioner has 
not resolved these discrepancies. It is incumbent upon the petitioner to resolve any inconsistencies in the 
record by independent objective evidence. Any attempt to explain or reconcile such inconsistencies will not 
suffice unless the petitioner submits competent objective evidence pointing to where the truth lies. Matter of 
Ho, 19 I&N Dec. 582,591-92 (BIA 1988). Doubt cast on any aspect of the petitioner's proof may, of course, 
lead to a reevaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa 
petition. 
It must be stressed that an artist does not satisfy this criterion simply by arranging for his or her work to be 
displayed or sold. We find no evidence demonstrating that the petitioner's creations have been displayed at 
significant national venues. Nor is there any indication that the petitioner's works have been featured along 
side those of artists who enjoy national or international reputations. Furthermore, the petitioner has not 
demonstrated her regular participation in shows or exhibitions at exclusive venues devoted largely to the 
display of her work alone. The evidence presented by the petitioner is not sufficient to show that her 
exhibitions enjoy a national reputation or that participation in her exhibitions was a privilege extended to only 
top national or international artists. 
Evidence that the alien has pei$ormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
In order to establish that she performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of her role within the entire organization or 
establishment and the reputation of the organization or establishment. 
The petitioner submitted a document listing her as a Vice-chairman of the but this document 
includes no address, phone number, or any other information regarding how this association may be 
contacted. Nevertheless, it has not been shown that this organization has earned a distinguished reputation at 
the national or international level. Nor has the petitioner submitted evidence showing her specific 
responsibilities for th- and her individual importance to its overall success. We find the evidence is 
not adequate to demonstrate that the petitioner has performed in a leading or critical role for a distinguished 
organization, or that her involvement has earned her sustained national or international acclaim. 
In this case, the petitioner has failed to demonstrate that she 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. 
Review of the record does not establish that the petitioner has distinguished herself to such an extent that she 
may be said to have achieved sustained national 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 all others in her field at a 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. 
Beyond the decision of the director, the regulation at 8 C.F.R. § 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 
statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The record contains no such evidence. 
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 Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), afd. 345 F.3d 683 
(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews 
appeals on a de novo basis). 
The petition will 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 291 of the Act, 8 U.S.C. § 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.