dismissed EB-1A Case: Photography

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-K-K-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 8, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITIONER FOR ALIEN WORKER 
The Petitioner, a photographer, seeks classification as an alien of extraordinary ability in the arts. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § l 153(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 the record did not 
establish, as required, that the Petitioner has a one-time achievement (a major, internationally 
recognized award) or met at least three of the required evidentiary criteria. 
On appeal, the Petitioner submits additional evidence and maintains that she satisfies four of the 
evidentiary criteria. 
Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) 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. 
.
Matter of A-K-K-
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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate 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 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). The regulation at 8 C.F.R. § 204.5(h)(4) allows a petitioner to submit comparable 
material if he or she is able to demonstrate that the standards at 8 C.F.R. § 204.5(h)(3)(i)-(x) do not 
readily apply to the individual's occupation. 
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). 
11. ANALYSIS 
The Petitioner has not established that she has received a major, internationally recognized award, and 
so must show that she satisfies at least three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In her 
decision, the Director found that the Petitioner met only the display criterion under 8 C.F.R. 
§ 204.5(h)(3)(vii). On appeal, the Petitioner maintains that she also satisfies the requirements of the 
criteria relating to media about her, contributions of major significance, and leading or critical role. 
We will analyze the evidence submitted under each of these criteria below. 
Published material about the individual 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. 8 C.F.R. § 204.5(h)(3)(iii) 
The Director 's decision found the evidence to be insufficient to establish that any of the magazine and 
Internet articles that were about the Petitioner and her work qualified as professional or major trade 
publications or other major media. The Petitioner provided several articles pertaining to her 2015 
debut, solo photographic exhibition which took place at in 
An article published in the digital and print editions of VEOIR magazine discusses themes the 
Petitioner explores in the exhibition 's photographs of the model _____ such as the demise 
2 
.
Matter of A-K-K-
of human civilization and the destruction of the planet. A press release form the webpage 
www.loeildelaphotographie.com, a news and events aggregator, states that the Petitioner's exhibit is 
"a radical denunciation of society and its behavior." A press release on the webpage www.from­
paris.com indicates that the exhibition will take place during and is comprised of 
25 works in which the Petitioner "denounces in a radical way the modes of behavior" of our society. 
This press release also states that ________ presents the works "of emerging and 
confirmed artists." 
As noted by the Director, the comparative data regarding the circulation and viewership figures of the 
above publications does not establish that these publications qualify as professional or major trade 
publications or other major. The Petitioner provided a media kit from VEOIR magazine which 
indicates it is a biannual fashion magazine based in New York. It claims its first issue "gained 3000+ 
followers on Facebook and 1,000+ followers on Instagram," and that it is "estimated to print 5000+ 
copies." The record lacks evidence, however, to corroborate the circulation figures provided by 
VEOIR's publisher or to demonstrate the significance of the figures. 
Regarding the website www.loeildelaphotographie.com, information submitted from the webpage 
www.similarweb.com indicates that it had 179,000 total visits in the first six months of 2018, ranking 
it 23,016 in France. Regarding the website www.from-paris.com, information from the webpage 
www.siteworthtraffic.com indicates that it had 210,605 total annual visits, and its "Global Traffic 
Rank is 1, 779,020." The comparative data regarding the circulation and viewership figures of 
www.loeildelaphotographie.com and www.from-paris.com do not establish that these publications 
qualify as professional or major trade publications or other major. Further, we note that the press 
releases published on those sites do not provide the author's name, as required by the plain language 
of this criterion. 
The Petitioner also submitted articles that mention her work on photo shoots of vintage dress 
collections by the designer in 2012 during at the 
store in 2012, and in 2016. The articles were published on webpages such as 
www.vogue.ru and www.buro247.ru. However, these articles are not about the Petitioner, but about 
the dress collections. 1 For the reasons stated above, the Petitioner has not established eligibility under 
this criterion. 
Evidence of the individual's original scientific, scholarly, artistic, athletic, or business­
related contributions of major significance in the.field 8 C.F.R. § 204.5(h)(3)(v) 
In order to satisfy this criterion , a petitioner must establish that not only has she made original 
contributions but that they have been of major significance in the field. For example , a petitioner may 
show that the contributions have been widely implemented throughout the field , have remarkably 
impacted or influenced the field, or have otherwise risen to a level of major significance. The Director 
determined that the record did not establish that the Petitioner meets this criterion. The Petitioner 
1 In addition, regarding the webpage ,vww.buro247.com, the website metrics from www.similarweb.com do not provide 
comparative analyses, and, therefore, do not establish that this webpage qualifies as a professiona l or major trade 
publication or other major media. 
3 
.
Matter of A-K-K-
submitted several testimonial letters in support of the petition. We determine that the submitted letters 
and other documentary evidence do not satisfy this criterion. 
The letters submitted by the Petitioner generally praise her work and highlight what the authors 
describe as her unique use of the camera and medium format photography. For example, 
a production designer, states she became acquainted with the Petitioner's work 
through the Petitioner's project which focuses on the homeless population in 
She calls the Petitioner's use of a medium format camera "an original and unique 
contribution to the photography world." 
a professor of set and costume design at the 
in Russia, states that in 2016 she invited the Petitioner to teach a "master class" on the use of 
medium format photography in the fashion industry. She credits the Petitioner with the "introduction 
of medium format photography ... for fashion publication editorials and covers." She claims that few 
photographers choose to work with the camera required for the technique, because it "is large, requires 
skill in handling, and it takes photographs slowly." She states that the class was "an invaluable 
experience" for the students and "should be replicated in other areas to increase the awareness of this 
important and underutilized format." However, and did not 
demonstrate how the Petitioner's medium format photography significantly impacted or influenced 
the field. The Petitioner did not show, for example, that the overall field considers her work to be of 
major significance. 2 
a fashion coordinator with states that the Petitioner has worked 
with the magazine on a number of projects. She describes her as "a fashion photographer and a fine­
art photographer" with "incredible scope." She notes that the Petitioner has worked for "some of the 
top international brands and fashion magazines in Russia and abroad, for whom she has contributed 
beautiful magazine covers, photo editorials, advertisements, and photographic accompaniments." She 
credits the Petitioner's skillful use of medium format photography for "a striking effect of realism" in 
her photographs. While she praised the Petitioner's work, did not identify original 
contributions or show how the field has been greatly impacted or influenced by the work. 
The letters considered above primarily contain attestations of the Petitioner's status in the field without 
providing specific examples of contributions that rise to a level consistent with major 
significance. Letters that specifically articulate how a petitioner's contributions are of major 
significance to the field and its impact on subsequent work add value. 3 Letters that lack specifics and 
use hyperbolic language do not add value, and are not considered to be probative evidence that may 
form the basis for meeting this criterion. 4 Moreover, USCIS need not accept primarily conclusory 
statements. 1756, Inc. v. The US. Att'y Gen., 745 F. Supp. 9, 15 (D.C. Dist. 1990). 
2 See users Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 Petitions; 
Revisions to th e Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJJ-14 6 (Dec. 22, 2010), 
https://www.uscis.gov/po licymanual/HTML/PolicyManua l.html; see also Visinscaia, 4 F. Supp. 3d at 134-35 (upholding 
a finding that a ballroom dancer had not met this criterion because she did not corroborate her impact in the field as a 
whole). 
3 See users Policy Memorandum PM 602-0005.1, supra, at 8-9. 
4 Id. at 9. See also Kazarian, 580 F .3d at 1036, aff 'd in part 596 F .3d at 1115 (holding that letters that repeat the regulatory 
4 
.
Matter of A-K-K-
In addition, while the record indicates that the Petitioner's photographs have been used in 
advertisements for companies such as telecommunications and the 
and have appeared on the covers and in editorials of fashion magazines such as Vogue Russia, Marie 
Claire Russia, Interview Russia, OK!, Aeroflot Style, and Officiel, it does not establish that having her 
work displayed in this manner constitutes a contribution to the field of photography. 5 
The record also shows that the Petitioner has had success more recently as a fine art photographer, 
which is supported by the evidence of local media coverage of her solo exhibition in 
While having that exhibition displayed at is notable, as mentioned 
previously, the press release from the webpage www.from-paris.com indicates the venue presents the 
works of emerging artists along with those of established artists. This evidence does not demonstrate, 
therefore, the venue's recognition or reputation in the field of photography, and thus that the display 
of the Petitioner's work there is considered to be a contribution of major significance. Further, her 
work has been offered for sale by online art gallery, but this evidence does not demonstrate 
that her work has influenced the broader field of photography. 
The Petitioner argues on appeal that invitations for her to teach at the 
and the in are "a sign of the industry reputation that [the 
Petitioner] carries for her significant contribution .... [in] bringing medium format photography into 
the industry." As discussed previously, while it appears from the evidence that the Petitioner is one 
of a few fashion photographers using the camera and medium format photography in her 
work, the significance of her use of this technique in the field has not been established. For instance, 
indicates that replication of the Petitioner's technique will "increase the awareness 
of this ... underutilized format," indicating that her methods, while unique, have not been influential 
in the field. Further, regarding the Petitioner's position with the a 2016 press 
release for the school's opening event lists her as an instructor, but does not mention her contributions 
in the field. 6 While the originality of the Petitioner's artistic work as a photographer is not in question, 
the record does not establish that it has impacted the work of others in the field. Based on the above, 
the Petitioner has not established that the evidence satisfies this criterion. 
language but do not explain how an individual 's contributions have already influenced the field are insufficient to establish 
original contributions of major significance in the field). 
5 On appeal, the Petitioner provides media kits dated 2018 for the fashion magazines Marie Claire and Vogue Russia to 
show their reach. 
6 This press release, published on the website wvvw.posta-magazine.ru, indicates that the school's staff will include 
film/theater stars, famous photographers, sports coaches, and professiona l teachers. It includes a photograph of the 
Petitioner among those of its staff. 
5 
.
Matter of A-K-K-
Evidence of the display of the individual's work in the field at artistic exhibitions or 
showcases. 8 C.F.R. § 294.5(h)(3)(vii) 
The Director determined that the Petitioner satisfied the requirements of this criterion. Upon review 
of the record, specifically the evidence regarding the Petitioner's exhibition we agree with 
the Director's finding. 
Evidence that the individual has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 8 C.F.R. 
§ 204.5(h)(3)(viii) 
The Director determined that the Petitioner did not establish eligibility for this criterion. On appeal, 
the Petitioner states that she has served in a critical role for telecommunications and Marie 
Claire Russia magazine. She indicates that she has performed in a leading role in an episode of the 
television series and in fundraising efforts through her project 
The scope of this evidentiary criterion focuses on the relative importance of the 
Petitioner's role for distinguished organizations. In general, a leading role is evidenced from the role 
itself, and a critical role is one in which the petitioner contributed in a way that is of significant 
importance to the outcome of the organization or establishment's activities. 
In support of this criterion, the Petitioner provided a letter from the marketing director of 
an event production company in who states that in 2013 the Petitioner won the company's 
contest to work on an advertising campaign for its client a Russian telecommunications 
company. 7 The marketing director indicates that the Petitioner worked on a photoshoot with the 
popular singer to promote new 4G technology, that was "very happy with 
the end result," and that the campaign was "important for to get a much larger contract 
with Although the Petitioner argues that this letter is evidence that she played a critical role 
for , the representative's statement that was "very happy" with the campaign does not 
indicate the Petitioner served in a critical role for In addition, the record does not document 
the manner in which marketing director is authorized to represent or speak on behalf of 
nor does it contain evidence from any individual who appears to be in a position to represent 
In addition, the Petitioner states on appeal that she played a critical role for the fashion magazine Marie 
Claire Russia in providing photography for the feature article in its tenth 
anniversary edition. The Petitioner offered the previously discussed letter from stating 
that the Petitioner provided "the magnificent photos of the men profiled" in the article. She states that 
"[w]e only rarely have the honor of working with [the Petitioner], as she is always in high demand," 
and she notes that the magazine 's "journalists and models request [the Petitioner] by name as the 
photographer for their editorials and articles." 
Although and the marketing director of speak highly of the Petitioner 's work 
for their organizations, their letters do not establish that she was responsible for the companies ' success 
or standing to a degree consistent with the meaning of having performed in a "critical" role for them. 
7 We note that the marketing director 's name is not legible because an ink stamp was placed over it. 
.
Matter of A-K-K-
The letters show that her work was consistent with that of a professional photographer, and they 
describe her as having achieved results that met or exceeded those companies' expectations. While a 
company's staff may consider the Petitioner's achievements to be of great benefit to the company, the 
focus of this criterion, based on the plain language of the regulation, is the Petitioner's role itself The 
letters do not establish that her role as a photographer has been a critical role for those companies. For 
example, while marketing director indicates that the Petitioner's work on the 
campaign was "important for us to get a much larger contract with and 
indicates that the Petitioner was a favorite photographer of her staff, their letters do not distinguish her 
position from those of the companies' other photographers, or demonstrate that she contributed in a 
way that was of significant importance to the outcome of the organization or establishment's activities. 
In addition, as noted by the Director, the fact that she may have played a critical role in specific 
magazine editions or advertising campaigns is not sufficient to satisfy this criterion's requirements. 
We also note that the record does not provide any background information or documentation regarding 
to establish that it is an organization with a distinguished reputation. 
The Petitioner also maintains that she performed a leading role in episode four, season five of 
The record contains articles from Wikipedia and the website www.vokrug.tv, indicating 
that in 2016 she was the photographer for that episode. We note that Wikipedia is an online, open 
source, collaborative encyclopedia that explicitly states it cannot guarantee the validity of its content. 
See General Disclaimer, Wikipedia, https://en.wikipedia.org/wiki/Wikipedia:General_disclaimer; see 
also Badasa v. Mukasey, 540 F.3d 909 (8th Cir. 2008). Although the Petitioner indicates that she 
performed in a leading role as the photographer for that episode, the evidence indicates that the models 
played the leading roles in the show, not the Petitioner. Regardless, the plain language of the criterion 
requires evidence that the Petitioner has performed in a leading or critical role "for organizations or 
establishments that have a distinguished reputation." The Petitioner did not identify an organization 
or establishment for which her role in this television episode was leading or critical. 
Further, the Petitioner states on appeal that she played a leading role in the fundraising efforts of 
through her project which focuses on the homeless population in 
The record contains a letter from CEO of described as a 
social service agency, who states that her company is interested in partnering with the Petitioner to 
showcase her project to raise funds for the homeless. This letter does not indicate 
how the Petitioner has performed in a leading role for the organization. Finally, we note that the 
evidence submitted does not establish that has a distinguished reputation in the field. In 
light of the above, the Petitioner did not establish that she meets this criterion. 
III. CONCLUSION 
The Petitioner is not eligible because she has not submitted the required initial evidence of either a 
one-time achievement or documents that meet at least three of the ten criteria listed at 8 C .F.R. 
§ 204.5(h)(3)(i)-(x). Thus, we need not fully address the totality of the materials in a final merits 
determination . Kazarian, 596 F.3d at 1119-20. Nevertheless , we advise that we have reviewed the 
record in the aggregate, concluding that it does not support a finding that the Petitioner has established 
the level of expertise required for the classification sought. 
Matter of A-K-K-
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields, rather than for individuals progressing toward the top. USCIS has long held 
that even athletes performing at the major league level do not automatically meet the "extraordinary 
ability" standard. Matter of Price, 20 I&N Dec. 953, 954 (Assoc. Comm'r. 1994). Here, the Petitioner 
has not shown that the significance of her artistic accomplishments is indicative of the required 
sustained national or international acclaim or that it is consistent with a "career of acclaimed work in 
the field" as contemplated by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990); see also section 
203(b)(l)(A) of the Act. Moreover, the record does not otherwise demonstrate that the Petitioner has 
garnered national or international acclaim in the field, and she is one of the small percentage who has 
risen to the very top of the field of endeavor. See section 203(b )(1 )(A) of the Act and 8 C.F.R. 
§ 204.5(h)(2). 
For the foregoing reasons, the Petitioner has not shown that she qualifies for classification 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. In visa petition proceedings, 
it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § l36l;Matter of Skirball Cultural Ctr., 25 I&N Dec. 799,806 (AAO 2012). Here, 
that burden has not been met. 
ORDER: The appeal is dismissed. 
Cite as Matter of A-K-K-, ID# 2648379 (AAO Apr. 8, 2019)