dismissed EB-1A Case: Model

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBLIC COPY 
Office: NEBRASKA SERVICE CENTER 
LIN 04 101 51009 
 Date: MAY 0 9 2006 
IN RE: 
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: 
INSTRUCTIONS: 
Thls is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
tke office that originally decided your case. Any further inquiry must be made to that office. 
Administrative Appeals Office 
' j 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). 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. 
On appeal, counsel addresses some of the director's legitimate concerns. For the reasons discussed 
below, however, we find that the petitioner has still not demonstrated her eligibility. 
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 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 sustained national or 
international acclaim at the very top level. 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a model. 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. 
At the outset, we note that prior counsel stressed that national acclaim is sufficient; the petitioner need 
not demonstrate international acclaim. While we concur with that principle, it is significant that, 
according to the concurrently filed adjustment application and supporting documentation, including 
Form G-325, the petitioner has resided and worked in the United States since 1997. According to a 
reference letter from f S etitioner left China for the United 
States in 1996, at which time she joined irector of Runway at 
, indicates in a 
petitioner "for the past six years." In a letter dated October 16, 2003, however, 
 President of 
Meters Bonwe in Shanghai, asserts that the petitioner returned to China in 1998 an 
 e company's 
top runway and photographic model for new designs. The petitioner is also purported to have judged a 
fashion show in Shanghai in 200 1. 
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). The petitioner has not resolved the inconsistencies regarding 
her residence and employment after 1997. Notably, the petitioner must demonstrate sustained acclaim 
as of the date of filing, February 24,2004. Thus, evidence of her pre-1997 accomplishments in China, 
without evidence that she has sustained any of the acclaim from those accomplishments after 1997, is 
insufficient. 
The petitioner has submitted evidence that, she claims, meets the following criteria.' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in theJield of endeavor. 
In 1991, the petitioner won the Golden Prize for China Selection Competition for International Su er 
mpetition and the 2nd National Best Model Artistic Display Competition. According to h 
Editor Director of a Shanghai fashion television show, the competition lasted five days. Mr. 
indicates that his show covered the event and interviewed the petitioner after she won. ~r.= 
F 
asserts that 80,000,000 people watched the interview, which aired on China Central Television. In 
1996, the petitioner received a Golden Award at the First New Silk Road Super Model Grand 
Competition sponsored by the Culture and Art Department, China Central Television. 
In response to the dir 
 uest for evidence of the significance of the awards, the petitioner 
submitted a letter from 
 Managing Editor of Elle China. Ms. mserts that the Ministry of 
1 
The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Culture in China sponsored the 2nd National Best Model Artistic Display Competition. In order to 
manage the competition, the ministry established a special committee of nationally well-known fashion 
designers, fashion models, fashion critics and professors of art performance. Participants came from 12 
big cities in China. Finally, Ms. asserts that the First and Second National Best Model Artistic 
Display Competitions shaped the profession as elements of the competition became standard. 
~s.further 
 the First Silk Road Super Model Grand Competition was important. 
According to Ms. 
 he competition was televised over three consecutive days. The petitioner 
represented the 
 Corporation, the largest state-run fashion enterprise in China. 
The director noted that each competition was in its first or second year at the time the petitioner won 
the awards and questioned whether the competitions could be nationally significant without more of a 
record. 
On appeal, counsel reiterates that 80,000,000 viewers watched the interview of the petitioner after she 
. . 
won the 2nd National Best Model Artistic Display Competition. Th 
 er also submits a letter 
from Director of Publicity at China Central Television. Mr 
 asserts that the New Silk 
Road Modeling Competition has "now" become popular and notes that it is aired on China National 
Television every year. 
While the evidence relating to this criterion is notable, the petitioner has submitted no persuasive 
evidence relating to any of the criteria after 200 1, three years prior to the date of filing. Thus, awards in 
1991 and 1996 cannot serve to establish the petitioner's sustained acclaim in 2004, when the petition 
was filed. 
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 of the material, and any necessary translation. 
The petitioner initially submitted an article entitled "Being Famous in One Night," which appeared in 
the December 20, 1991 issue of Shanghai Culture and Art Daily. The petitioner also submitted news 
coverage of events in which the petitioner participated or competitions in the 1990's in which the 
petitioner is mentioned as a winner. The most recent competition, in 1997, is a regional U.S. 
competition limited to women from China. The petitioner also submitted a 2004 interview with her 
that appeared in the Asahi Times. Initially, the petitioner did not submit a complete translation of the 
interview. 
In response to the director's request for evidence of the circulation of publications that have featured 
the petitioner, prior counsel asserted that Shanghai Culture and Art Daily has a circulation of 500,000 
and that the Asahi Times is "one of the best selling entertainment newspaper[s] published in China, 
Japan and other Asian Countries." The petitioner submitted the above-mentioned letter from Ms. 
asserting that Shanghai Culture and Art Daily has a circulation of 500,000. 
Page 5 
The director concluded that most of 
 aterials were not primarily about the petitioner. The director 
acknowledged the statement by Ms. 
 egarding the circulation of Shanghai Culture and Art Daily 
but noted that ~s.is not affiliated with that publication. 
On appeal, the petiti 
 submits a letter from, the Marketing Director of Shanghai Culture 
and Art Daily. Mr.mndicates that the publication was established in 1983, enjoys a circulation of 
over 500,000 daily and has "continued to gain national exposure and recognition." The petitioner also 
submitted a complete translation of the interview in the ~iahi Times but no evidence of its circulation. 
Counsel continues to reference the brief mentions of the petitioner in other media. 
The plain language of the regulation at 8 C.F.R. 8 204.5(h)(3)(iii) requires that the published material 
be about the alien. The only such materials in the record are the articles in Shanghai Culture and Art 
Daily and the Asahi Times. The record contains no circulation data for the Asahi Times. Mr.- 
letter is ambiguous as to whether Shanghai Culture and Art Daily enjoyed a national circulation in 
1991, when it featured the petitioner. Regardless, a single article in China featuring the petitioner in 
199 1 is not evidence of sustained acclaim in 2004, especially as the petitioner had been working in the 
United States for seven years at that time. 
In light of the above, the petitioner does not meet this criterion. 
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 speczfication for which classrJication is sought. 
The petitioner submitted an invitation from the China Minist 
 serve as a panelist for the 
1997 Fifth New Silk Road Super Model Grand Competition 
 Executive Director of the 
Massive Culture and Art Promotion Office, Ministry of 
 ministry invited "well- 
known designers, critics and very famous international models to serve [on] the nine member panel." 
In response to the director's r 
 additional information about the petitioner's record as a 
prior counsel asserts that Ms. 
 to the petitioner's judgin 
 petitions. Ms. 
a new letter 
asserts that the magazine be an 
e show in Shanghai in 2001. Ms. hsserts that panelists must be the winner 
of a fashion show at the provincial level or above, have been the spokesperson for world famous brands 
for at least five years and have experience in modeling work abroad. 
The director concluded that while the letter from Msas indicative of "some measure of acclaim," 
the remaining evidence relating to this criterion was not "indicative of sustained national or 
international acclaim." On appeal, counsel reiterates the previous evidence and asserts that the 
petitioner has "consistently participated as a judge of the work of others in the modeling industry." 
Page 6 
The record reflects that the petitioner judged a competition in 1997 and a fashion show in 2001, both in 
China. We are not persuaded that these responsibilities are indicative of her sustained acclaim in 2004 
when she filed the petition. At that time the petitioner had been working in the United States for the 
past seven years. 
In light of the above, we are not persuaded that the petitioner meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Initially and in response to the request for additional evidence, prior counsel asserted that the petitioner 
played a leading or critical role for the Shanghai Garment Corporation, Meters Bonwe Shanghai 
Company, the Chinese modeling industry in general, the Ministry of Culture, Neiman Marcus, Bally 
and Elite Model Management Company. The petitioner submitted reference letters in support of prior 
counsel's claims. 
The director stated that the petitioner must establish a leading or critical role for a specific organization 
to meet this criterion and concluded that the petitioner had not done so. On appeal, counsel asserts that 
- - 
the petitioner has been featured in 
models" with Elite 
contributed to the 
spokeswoman for various 
petition. 
Counsel does not challenge the director's conclusion that vague claims of playing a critical role for an 
industry are not relevant to this criterion and we concur with the director. At issue for this criterion are 
the role the petitioner was hired to fill and the reputation of the organization that hired her. 
It is inherent to the modeling profession to appear in marketing campaigns. Appearing in a successful 
marketing campaign for a major company does not constitute a leading or critical role for that company. 
Counsel does not sufficiently explain how the petitioner served as a spokesperson for products beyond 
appearing in marketing campaigns. 
1nitiallY~ Director of Runway for Elite Model Management, asserts that the petitioner has 
worked or o el Management for six years, is an outstanding fashion model, participates in 
every major fashion show in Chicago, is popular and in demand and has a booking rate of $100 per 
hour. On appeal, 
 owner and president of Elite Modeling Management, asserts that the 
petitioner is one o 
 s of the industry and affirms her use in "every major fashion show and 
many unique and internationally renowned events." 
 her asserts that the petitioner is 
one of Oprah's favorite models and the only Asian 
 on the show. The record 
does not establish that the petitioner is employed in a more critical capacity than the numerous other 
models represented by Elite Model Management. Nothing in the record suggests that a $100 per hour 
booking rate is indicative of a leading or critical role with Elite Model Management. Thus, the 
petitioner has not established her leading and critical role with this agency beyond the obvious need of a 
modeling agency to represent marketable models. 
# 
asserts that in 2001, she invited the petitioner to become a member of the Advisory Body of 
ina). As a result of the petitioner's suggestion, the magazine opened a salon in Shanghai. Ms. 
discussion is too vague to establish the significance of the petitioner's role for the magazine as a 
whole through serving on the Advisory Body, especially given the petitioner's apparent residence and 
employment in the United States since 1997. 
Mr asserts that the petitioner contributed to the success of Meters Bonwe's "Madam" dress suit. 
Once again, the petitioner purportedly worked for Meters Bonwe in 2001, at which time she appears to 
have been residing and working in the United States. Without additional information confirming 
exactly how long the petitioner was in Shanghai and able to work for Meters Bonwe during 2001 and 
an organizational chart of Meters Bonwe demonstrating the significance of a fashion model in the 
company's hierarchy, we cann clude that the petitioner's role for this company was leading or 
critical. Moreover, while Mr. lm' attests to the reputation of Meters Bonwe, the petitioner did not 
submit supporting evidence of that attestation, such as media coverage of the company. 
Finally, 
 is a large department store chain. The petitioner's appearance as a model for 
evidence of the petitioner's leading or critical role for the chain as a whole. 
In light of the above, the petitioner has not demonstrated that she meets this criterion. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate 
that the alien has achieved sustained national or international acclaim and is one of the small percentage 
who has risen to the very top of the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished herself as a 
model 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 indicates that the 
petitioner shows talent as a model, but is not persuasive that the petitioner's achievements set her 
significantly above almost all others in her field. 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. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed.