dismissed EB-1A Case: Teapot Design

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PUBLIC COPY 
U.S. Deparlment of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: Office: TEXAS SERVICE CENTER Date: OCT 1 ( 2~3 
SRC 05 012 51061 
IN RE: Petitioner: 
Beneficiary: 
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. tj 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. 
a %obert 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 (AAO) 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. 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 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. 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that he has earned sustained national or international acclaim at the very top level. 
tober 18, 2004, seeks to classify the petitioner as an alien with extraordinary ability 
The statute and regulhtions require the petitioner's acclaim to be sustained. The 
record reflects that the petitioner has been residing in the United States since August 1996. Given the length 
of time between the petitioner's arrival in the United States and the petition's filing date (more than eight 
years), 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 a teapot designer in this country. 
In support of the petition, the petitioner submitted five photographs of what are alleged to be his teapot 
designs. This evidence, however, was not sufficient to demonstrate the petitioner's sustained national or 
international acclaim, or that his achievements have been recognized in his field of expertise. On 
November 19, 2004, the director denied the petition, finding that the petitioner's evidence did not satisfy any 
of the criteria at 8 C.F.R. § 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. 
Evidence of the alien's authorship of scholarly articles in thefield, in professional or major trade 
publications or other major dedia. 
The petitioner submits evidence of his alleged authorship of an article entitled One Possible 
Historical Overview." 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 his field as 
significantly influential. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner re-submits three photographs of what are alleged to be his teapots, stating that the items were 
"displayed on individual exhibition Hongkong [sic]." The record, however, contains no evidence showing 
that any such exhibitions ever took place. 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 (Cornm. 1998) (citing Matter of Treasure Craft of Cal$ornia, 14 I&N Dec. 190 (Reg. Comm. 
1972)). 
It must be stressed that an artist does not satisfy this criterion simply by arranging for his or her work to be 
displayed or sold. In this case, the petitioner has not submitted evidence demonstrating that his works have 
been displayed at significant national venues. Nor is there any indication that the petitioner's creations have 
been featured along side those of artists who enjoy national or international reputations. Furthermore, the 
petitioner has not demonstrated his regular participation in shows or exhibitions at exclusive venues devoted 
largely to the display of his work alone. The evidence presented by the petitioner is not sufficient to show 
that his exhibitions enjoy a national reputation or that participation in his exhibitions was a privilege extended 
to only top national or international teapot designers. 
Evidence that the alien has commanded a high salary or other signijkantly high remuneration 
for services, in relation to others in the field. 
The petitioner re-submits two photographs of what are alleged to be his teapots. On appeal, the petitioner has 
listed a dollar amount under each of these photographs. The record contains no evidence showing that the 
petitioner actually earned the dollar amounts listed. As noted previously, going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. See 
Matter of Soffici at 158, 165. There is no evidence showing that the petitioner's compensation is significantly 
higher than that of others in his field. 
Evidence of commercial successes in the performing arts, as shown by box office receipts or 
record, cassette, compact disk, or video sales. 
The petitioner claims that the two photographs discussed under the preceding criterion are evidence of his 
commercial success. The plain wording of ths criterion, however, indicates that it is intended for "performing" 
artists such as musicians and actors 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 satisfl criterion. The record contains no evidence of documented "sales" or "receipts" showing 
significant national distribution of the petitioner's teapots or their widespread commercial success. 
In this case, the petitioner has failed to demonstrate that he meetsat 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 Oistinguished himself to such an extent that he may 
be said to have acheved sustained national or international acclaim or to be withn the small percentage at the 
very top of his field. The evidence is not persuasive that the petitioner's achievements set him significantly above 
almost all others in his field at the national or international level. Therefore, the petitioner has not established 
eligbility 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. 5 204.5(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. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), afyd. 345 F.3d 683 
(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews 
appeals on a de novo basis). 
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. tj 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.