dismissed EB-1A Case: Jade Craft Design

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
invdo~ of personal prigrsry 
U. S. Citizenship 
and Immigration 
FILE: Office: TEXAS SERVICE CENTER Date: %EP 2 8 2005 
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. 
"-4 
P. Wiernann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 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 in 
the arts. 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 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 ability7' 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 international acclaim and recognition in his or her field of expertise are set forth in the regulation 
at 8 C.F.R. 5 204.5(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 October 15, 2004, seeks to classify the petitioner as an alien with extraordinary ability 
as a jade crafts designer. In support of the petition, the petitioner submitted eight photographs of what are 
alleged to be her jade craft artistic creations. This evidence, however, was not sufficient to demonstrate the 
petitioner's sustained national or international acclaim, or that her achievements have been recognized in her 
field of expertise. On November 3, 2004, the director denied the petition, finding that the petitioner's 
evidence did not satisfy any of the criteria at 8 C.F.R. 5 204.5(h)(3). 
The regulation at 8 C.F.R. § 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. On appeal, 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. 
The petitioner re-submits what is alleged to be a photograph of one of her jade craft artistic creations. On 
appeal, the petitioner added a caption to the photograph which states: "This one was on the art show of the 
year 1990 1990 [sic] National Jade design contest." The record, however, contains no evidence showing that 
the petitioner received a prize or award at this contest. 
The petitioner submits a Certificate of Honor (dated December 1997) with an accompanying English language 
translation indicating that she received a "First Class Award of National Grand Design Contest." The record, 
however, contains no evidence of publicity surrounding this contest or evidence showing that the petitioner's 
award enjoys a significant level of recognition. Simply receiving an award certificate with the word 
"national" in the title does not satisfy this very restrictive criterion. The petitioner must provide evidence 
showing that her award enjoys significant national or international stature. In this case, the record contains no 
documentation from the awarding entity or print media to establish that the petitioner's Certificate of Honor is 
a nationally recognized artistic award. Furthermore, pursuant to 8 C.F.R. $ 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 
translation accompanying the petitioner's Certificate of Honor was not certified as required by the regulation. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
publications or other major media. 
The petitioner submits evidence of her alleged authorship of an article in Jade China entitled "Antique 
Colored Jades." The record, however, contains no evidence showing that this article was actually published 
under the petitioner's name or evidence of its significant national or international distribution. Nor is there 
supporting evidence showing that the petitioner's article is viewed throughout the artistic community as 
significantly influential. 
Evidence that the alien has commanded a high salary or other sign$cantly high rernuneration 
for services, in relation to others in the$eld. 
The petitioner re-submits what are alleged to be photographs of two of her jade craft artistic creations. On 
appeal, the petitioner added captions to these photographs. The first captioned photograph states: "I sold this 
design to a big clock factory at $10,000; according to the feedback from them, this is the best-seler [sic] of the 
year." 
The second captioned photograph states: "This one was collected by a professional art collector at $3,700." 
The record contains no evidence from the "big clock factory" or the "professional art collector" to support the 
petitioner's assertions regarding these photographs. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Sofici, 
22 I&N Dec. 158, 165 (Cornm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). There is no evidence showing that the petitioner's compensation is significantly higher than 
that of other jade crafts designers. 
Evidence of commercial successes in the performing arts, as shown by box ofice receipts or 
record, cassette, compact disk, or video sales. 
The petitioner claims that the two captioned photographs discussed under the preceding criterion are evidence of 
her "commercial successes." The plain wording of this criterion, however, indicates that it is intended for 
"performing" artists such as musicians and actresses rather than the petitioner's occupation. Nevertheless, the 
regulation calls for commercial success in the form of "sales" or "receipts"; simply asserting that one's work has 
been purchased cannot satisfy criterion. The record contains no evidence of documented "sales" or "receipts" 
showing that the petitioner's artistic creations significantly outsell the work of other jade crafts designers. 
In this case, we concur with the director's finding that the petitioner has failed to demonstrate that she meets at 
least three of the criteria at 8 C.F.R. 3 204.5(h)(3). 
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. 3 204.5(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. 
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. 8 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.