dismissed EB-1A Case: Photography

U.S. Citizenship 
and Immigration 
Services 
In Re: 8656970 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: WLY 23, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a photographer, seeks classification as an alien of extraordinary ability. See Immigration 
and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first preference 
classification makes immigrant visas available to those who can demonstrate their extraordinary ability 
through sustained national or international acclaim and whose achievements have been recognized in 
their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that although the 
Petitioner satisfied at least three of the initial evidentiary criteria, as required, she did not show 
sustained national or international acclaim and demonstrate that she is among the small percentage at 
the very top of the field of endeavor. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l) of the Act makes visas available to immigrants with extraordinary ability 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 into the United States will substantially benefit prospectively 
the United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually and 
within the context of the totality of the evidence, to determine whether the fact to be proven is probably 
true." Matter ofChawathe, 25 I&N Dec. 369,376 (AAO 2010). 
II. ANALYSIS 
The Petitioner indicated employment as a contracted photographer withDPhotography Channel 
Network since 2012. 
A. Evidentiary Criteria 
Because the Petitioner has not claimed or established that she has received a major, internationally 
recognized award, she must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Director determined that the Petitioner met four of the evidentiary 
criteria relating to awards at 8 C.F.R. § 204.5(h)(3)(i), published material at 8 C.F.R. § 204.5(h)(3)(iii), 
judging at 8 C.F.R. § 204.5(h)(3)(iv), and display at 8 C.F.R. § 204.5(h)(3)(vii). However, the Director 
concluded that the Petitioner did not show that she garnered sustained national or international acclaim 
and that her achievements have been recognized in the field of expertise, demonstrating that she is one 
of that small percentage who has risen to the very top of the field. 
On appeal, the Petitioner argues that she satisfies an additional criterion relating to leading or critical 
role at 8 C.F.R. § 204.5(h)(3)(viii), and her evidence in the aggregate establishes her eligibility as an 
alien of extraordinary ability. Because the Petitioner has already shown that she satisfies the minimum 
requirement of at least three criteria, we will evaluate the totality of the evidence in the context of the 
final merits determination below. 1 
1 See USCIS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADI 1-14 13 (Dec. 22, 2010). 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html (providing that objectively meeting the regulatory 
criteria in part one alone does not establish that an individual meets the requirements for classification as an individual of 
2 
B. Final Merits Determination 
As the Petitioner submitted the reqms1te initial evidence, we will evaluate whether she has 
demonstrated, by a preponderance of the evidence, her sustained national or international acclaim, 2 
that she is one of the small percentage at the very top of the field of endeavor, and that her 
achievements have been recognized in the field through extensive documentation. In a final merits 
determination, we analyze a petitioner's accomplishments and weigh the totality of the evidence to 
determine if her successes are sufficient to demonstrate that she has extraordinary ability in the field 
of endeavor. See section 203(b )(1 )(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 
596 F.3d at 1119-20. 3 In this matter, we determine that the Petitioner has not shown her eligibility. 
According to her resume, the Petitioner "has been a professional photographer since 2003" and a 
member of various photography associations, such as the Entrepreneur Photography Association 
I I, the I IY outh Photographers Association, the I lw omen Photographers 
Association, the China Photographers Association, the Chinese Women Photographers Association, 
the China Photographic Copyright Association, and the Photographic Society of America. Further, 
she claimed that she "took summer art programs at I I's [I]nstitute of Art I I and art 
programs at [the University I ~ [in] recent years." Moreover, as mentioned 
above, the Petitioner has been employed as a contracted photographer withc=]Photography Channel 
Network since 2012. As indicated above, the Petitioner garnered awards, received press coverage, 
judged others, and displayed her work. The record, however, does not demonstrate that her personal 
and professional achievements rise to a level of "career of acclaimed work in the field" as 
contemplated by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). 
The record reflects that the Petitioner garnered the "Excellent Photographer Award" at theOChina 
I I International Photography Festival. In addition, the Petitioner presented evi n h in 
that she received lesser known prizes or awards, such as two "Silver Awards" at the.__ ___ ---.====1 
Ph t h Art Exhibition of Entrepreneur Photographers Association, a "Gold Award" at the 
National Photography Competition, a "Commendation Awa;::;;;r-=d'-"....:a:::..:;t....:tc:;;:h..::.e_.__ _____ ___. 
International Photography Contest, and a "Silver Prize" at the,__ ____ _.Photography 
Art Exhibition. Although the prizes and awards reflects some recognition of her work by the field, 
the Petitioner did not demonstrate how her honors place her among that small percentage at the very 
top of the field. See 8 C.F.R. § 204.5(h)(2). The Petitioner, for instance, did not establish that her 
receipts of such prizes and awards compare to those in the upper echelon of her field. Moreover, while 
she provided supporting documentation briefly listing her among all of the other prize and award 
recipients at the competitions and contests, the Petitioner did not show that she received significant 
attention demonstrating her sustained national or international acclaim. See section 203(b )(1 )(A) of 
the Act. 
extraordinary ability under section 203(b)(l)(A) of the Act). 
2 See USCTS Policy Memorandum PM 602-0005.1, supra, at 14 (stating that such acclaim must be maintained and 
providing Black's Law Dictiona,y 's definition of"sustain" as to supp01t or maintain, especially over a long period of time, 
and to persist in making an eff01t over a long period of time). 
3 Id. at 4 (instructing that USCIS officers should then evaluate the evidence together when considering the petition in its 
entirety to determine if the petitioner has established by a preponderance of the evidence the required high level of expertise 
of the immigrant classification). 
3 
Similarly, regarding media coverage, the Petitioner offered seven articles relating to her and her work. 
However, the Petitioner did not demonstrate that such press coverage is consistent with the sustained 
national or international acclaim necessary for this highly restrictive classification. See section 
203(b)(l)(A) of the Act. Further, the Petitioner did not show how her overall media coverage is 
indicative of a level of success with being among that small percentage who has risen to the very top 
of the field of endeavor. See 8 C.F.R. § 204.5(h)(2). Thus, the Petitioner did not establish that the 
limited media reporting on her and her activities reflects a career of acclaimed work in the field or a 
very high standard to present more extensive documentation than that required. See H.R. Rep. No. 
101-723 at 59 and 56 Fed. Reg. at 30703, 30704 (July 5, 1991). 
As it relates to the Petitioner's service as a judge of the work of others, an evaluation of the significance 
of her experience is appropriate to determine if such evidence indicates the required extraordinary 
ability for this highly restrictive classification. See Kazarian, 596 F. 3d at 1121-22.4 The record 
reflects that the Petitioner participated as a review committee member for the .__ _____ ====' 
Photo ra h Exhibition the Photography Exhibition, and th~ 
~---------------~ National Photography Exhibition. Although the names 
of the photography competitions indicate national exhibitions, the Petitioner submitted evidence 
reflecting regional contests; for example ( cpandet.org.cn): 
I 
6 
National Photography Exhibition is one of the top ten 
cultural brands oflistrict. . . . sponsored by the Propaganda Department of 
I loistrict CPC Committee and I I District Federation of 
Literary and Art Circles, and organized by I I District Photographers 
Association. 5 
Here, the Petitioner's judging experience involves evaluating the work of local and regional 
competitions, rather than nationally or internationally renowned contests. 
Further, the Petitioner did not establish that these three instances contribute to a finding that she has a 
career of acclaimed work in the field or indicative of the required sustained national or international 
acclaim. See H.R. Rep. No. 101-723 at 59 and section 203(b)(l)(A) of the Act. She did not show, for 
example, how her experience in judging regional or district competitions compares to others at the 
very top of the field. In addition, the Petitioner did not establish, for instance, that she garnered wide 
attention from the field based on her review committee work judging local contests. Moreover, serving 
on review committees does not automatically demonstrate that an individual has extraordinary ability 
and sustained national or international acclaim at the very top of her field. Cf, Matter of Price, 20 
I&N Dec. 953, 954 (Assoc. Comm'r 1994) (USCIS has long held that even athletes performing at the 
4 See also USCTS Policy Memorandum PM 602-0005.1, supra, at 13 (stating that an individual's participation should be 
evaluated to determine whether it was indicative of being one of that small percentage who have risen to the very top of 
the field of endeavor and enjoying sustained national or international ~a_cc_la_i_m~·----------~ 
5 Other examples of the absence of nati~hibitions include, ' Culture 
Photography Exhibition ... , sponsored byl__JPublic Welfare Foundation and.__ ___ --,--~C~u~l~tu~re~A~ca=d~e_m~_, 
and organized by Entrepreneurs Photographers Association I, ,t' (xu,-.....,.,......,__........., and "th 
I I National Photos:raubv Fxhipition ... , sponsored b Disable..,.d""'P-er_s_on_s..,..' -=F,....ed-,-e_ra_t~io_n_a_n...,.d__, 
Entrepreneur Photographers Associationl....,.: __ ___,,.J and organized by Group" (sohu.com). 
4 
major league level do not automatically meet the "extraordinary ability" standard). Without evidence 
that sets her apart from others in her field, such as evidence that she has a consistent history of 
reviewing or judging recognized, acclaimed experts in her field, the Petitioner has not shown that her 
judging experience places her among that small percentage who has risen to the very top of the field 
of endeavor. See 8 C.F.R. § 204.5(h)(2) and 56 Fed. Reg. at 30704. 
Likewise, displaying one's work at artistic exhibitions or showcases does not automatically place one 
at the top of the field. The Petitioner offered evidence reflectin various exhibitions, such as at the 
Photography Exhibition, the 14th and 1 h International Photography Festival, 
,__ ______ --, 
the 2017 Photo Festival Exhibition, the 6t ~-~International Photography Exhibition, 2015 
Photo~-~ and the lstl I China International Exhibition of Photography. While the 
Petitioner presented her photography at various venues, she did not demonstrate, for instance, that her 
work brought wide praise from critics, drew notable crowds, raised attendance, or was responsible for 
the success of standings of the events. Here, the Petitioner's evidence does not distinguish her work 
from others in her field or show that it reflects a career of acclaimed work in the field and sustained 
national or international acclaim. See H.R. Rep. No. 101-723 at 59 and section 203(b)(l)(A) of the 
Act. Further, the Petitioner did not establish that her work garnered a level of attention or was regularly 
seen at highly reputable venues consistent with being among that small percentage who has risen to 
the very top of the field of endeavor. See 8 C.F.R. § 204.5(h)(2). 
Beyond the three criteria that the Petitioner satisfied, we consider additional documentation in the 
record in order to determine whether the totality of the evidence demonstrates eligibility as an alien of 
extraordinary ability. Here, for the reasons discussed below, we find that the evidence does not 
establish that the Petitioner has sustained national or international acclaim and is among the small 
percentage of the top of her field. 
The record reflects that the Petitioner submitted selected series of her work,i-..:s~u:::,::c:::::::h:....:a:::::s:...!l====:::::z:;-' 
'I I 1 11 r 1 l"I I' and'.___ ___ ______. 
along with recommendat10n letters that praised her and her work. However, the letters do not contain 
sufficient information to show that the Petitioner is viewed by the overall field, rather than by a 
solicited few, as garnering national or international acclaim. See section 203(b )(1 )(A) of the Act. For 
example, letters from I ~ and I I indicated that two of the Petitioner's 
photographs displayed at PhotoLJwere purchased by private collectors. Here, the letters did not 
explain how the purchase of two of the Petitioner's pieces demonstrated sustained national or 
international acclaim in the field. The Petitioner, for example, did not establish that she received 
significant attention based on the selling prices or sales volume of her work, placing her among that 
small percentage at the very top of the field. See 8 C.F.R. § 204.5(h)(2). 
In addition, although her letters opined on her talents and skills, such as " the Petitioner 1s very 
talented and has a wide range [ of] interests and topics in photography" "[h ]er 
creativeness and passion to photography only grows when years go by",__ _____ _., and "[the 
Petitioner's] passion for art creations has never ceased, and I am proud to have witnessed her efforts 
and achievements on the artistic path of photography over the past 15 years'i I they did 
did not establish that she has made impactful or influential contributions in the greater field reflecting 
a career of acclaimed work in the field, garnering the required sustained national or international 
acclaim. See H.R. Rep. No. 101-723 at 59 and section 203(b)(l)(A) of the Act. Here, the letters 
5 
comment on the series of her works without showing how they represent an individual whose 
achievements have been recognized in the field through extensive documentation. See 56 Fed. Reg. 
at 30704. 
Further, the Petitioner provided documentation reflectin that she serves as the vice chairwoman of 
the Entrepreneur Photographers Association and the Women Photographers 
Association. Although she submitted letters from~----' and .__ ____ _. confirming her 
positions, they did not establish how the Petitioner's roles resulted in widespread acclaim from her 
field, that she drew significant attention from the greater field, or that overall field considers her to be 
at the very top of the field of endeavor. See 8 C.F.R. § 204.5(h)(2) and 56 Fed. Reg. at 30704. Here, 
the Petitioner did not demonstrate that her service to these associations caused her national or 
international acclaim or a career of acclaimed work in the field. See section 203(b )(1 )(A) of the Act 
and H.R. Rep. No. at 59. 
The record as a whole, including the evidence discussed above, does not establish the Petitioner's 
eligibility for the benefit sought. Here, the Petitioner seeks a highly restrictive visa classification, 
intended for individuals already at the top of their respective fields, rather than those progressing 
toward the top. Even major league level athletes do not automatically meet the statutory standards for 
classification as an individual of "extraordinary ability." Price, 20 I&N Dec. at 954. While the 
Petitioner need not establish that there is no one more accomplished to qualify for the classification 
sought, we find the record insufficient to demonstrate that she has sustained national or international 
acclaim and is among the small percentage at the top of her field. See section 203(b )(1 )(A)(i) of the 
Act and 8 C.F.R. § 204.5(h)(2). 
III. CONCLUSION 
For the reasons discussed above, the Petitioner has not demonstrated her eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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