dismissed EB-1A Case: Painting

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
2 *gF %%& 
FILE: Office: VERMONT SERVICE CENTER Date: S Ep 2 1 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. 3 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 
the office that originally decided your case. Any further inquiry must be made to that office. 
<- 2,. 
7" Robert P. Wiemann, Director 
Administrative Appeals Office 
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 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: 
(1) Priority Workers. -- Visas shall fist 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. 8 204.5(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 February 25, 2004, seeks to classify the petitioner as an alien with extraordinary ability 
as a painter. 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 1996. 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.F.R. 8 204.5(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 recognizedprizes or 
awards for excellence in the field of endeavor. 
In a February 18, 2004 letter accompanying the petition, the petitioner claims to have received rn Excellent 
Award in the Combination Exhibition of Sichuan & Shandong (1991), a First Grade Award in the 5" National 
Spring Festival Pictures Exhibition, and an Excellent Award in the drd National Folk Art Proseminar (1994). The 
record, however, contains no evidence of these awards. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting 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. 
Comrn. 1972)). 
In response to the director's request for evidence, the petitioner submitted certificates and accompanying English 
language translations indicating that she received awards from the "People's Government of Chongqing City" 
(1992) and the "People's Government of Beijing" (1996). These awards reflect local recognition rather than 
national or international recognition. There is no evidence from the awarding entities or print media to establish 
that these awards are nationally or internationally recognized visual arts awards. Furthermore, 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 addition to the above deficiencies, the record contains no evidence showing that the petitioner has received 
significant artistic awards subsequent to 1996. The absence of such awards suggests that the petitioner has 
not sustained whatever acclaim she may have earned in China. 
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 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 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 
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. 
In the February 18, 2004 letter accompanying the petition, the petitioner claims that she was selected as member 
of the China Folk Artists' Association (IZFAA). The record, however, includes no evidence of the petitioner's 
individual membership status in the CFAA.' Going on record without supporting documentary evidence is not 
sufficient for purposes of meeting the burden of proof in these proceedings. See Matter of Sofici at158, 165. 
Furthermore, the record contains no evidence of the bylaws or official membership requirements of the CFAA 
to demonstrate that admission to membership requires outstanding achievement in the visual arts or that the 
petitioner was evaluated by national or international experts in consideration of her admission to membership. 
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 evidence of her alleged authorship of a twelve-sentence article appearing in The 
Epoch Times on October 24, 2003. There is no evidence of the artistic community's reaction to this brief 
commentary, nor any indication that it was widely viewed as significantly influential. Furthermore, without 
quantitative evidence showing that The Epoch Times has significant national or international readership, we 
cannot conclude that the petitioner's article meets this criterion. 
Evidence of the display ofthe alien's work in the field 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. In 
this case, the petitioner has not submitted evidence showing that her works 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 major venues devoted to the display of her work alone. The 
evidence presented by the petitioner is not sufficient to show that the petitioner's 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 commanded a high salary or other signijkantly high remuneration 
for services, in relation to others in the field. 
In response to the director's request for evidence, the petitioner submitted a partially legible certificate 
allegedly issued by the "Department of Art Products Cultural Market Development Center, Ministry of 
Culture, The People's Republic of China." The petitioner claims that this certificate shows the price of her 
work per square meter. The certificate was not accompanied by a full translation, nor was it certified by a 
translator in accordance with the regulation at 8 C.F.R. 5 103.2(b)(3). Furthermore, there is no evidence 
showing that the petitioner actually earned the "evaluation price" stated on this certificate as a result of selling 
her paintings. Without evidence showing that the petitioner actually received significantly higher 
remuneration than that of other professional artists, we cannot conclude that she meets this criterion. 
On appeal, the petitioner submits a letter allegedly issued by Hou Shi Wu of the Mianzhu Spring Festival 
Painting Museum (no address provided). The second paragraph of Hou Shi Wu's letter describes the 
petitioner as a successful painter, but it fails to demonstrate the petitioner's sustained national or international 
acclaim. An individual with sustained national or international acclaim should be able to produce ample 
unsolicited materials reflecting that acclaim. We cannot ignore an obvious discrepancy in the third paragraph 
of Hou Shi Wu's letter, which states: "The audiences who have seen her performance and I [sic] are quite 
impressed by her Dancing." The petitioner in this case claims to be a painter rather than a dancer. The 
petitioner has not resolved this discrepancy. 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. 
Beyond the decision of the director, the regulation at 8 C.F.R. 8 204.5(h)(5) requires "clear evidence that the 
alien is coming to the United States to continue work in the area of expertise." Subsequent to her arrival in 
1996, there is no evidence showing that the petitioner's primary occupation in the United States involves 
artwork. For example, there is no documentation showing that the petitioner has sold any paintings in the 
U.S., or displayed her works at reputable galleries or public museums in this country. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate that the 
alien has achieved sustained national or international acclaim, is one of the small percentage who has risen to 
the very top of the field of endeavor, and that the alien's entry into the United States will substantially benefit 
prospectively the United States. The petitioner in this case 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 as a painter 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 his 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 sectioln 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 nlot sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.