dismissed EB-1A Case: Television Programming

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
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 U.S. Citizenship 
and Immigration 
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Office: TEXAS SERVICE CENTER Date: OCT 2 8 2008 
SRC 07 047 50739 
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. 9 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
- Fobert P. ~iemann, Chief 
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 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 1 153(b)(l)(A), as an alien of extraordinary ability. The 
director determined that 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 argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
8 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(I) hority 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 ths subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or intemational 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. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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 intemational 
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 he has sustained national or international acclaim at the very top level. 
This petition, filed on December 8, 2006, seeks to classify the petitioner as an alien with extraordinary ability 
as director of television programming. In a December 6, 2006 letter accompanying the petition, counsel 
states: "[The petitioner] is an individual of proven extraordinary ability who possesses the high level of 
unique expertise required to work for Religious Institutions, directing audio and video aspects of Chnstian 
Television programs." 
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, internationally 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. A petitioner, however, cannot establish eligibility for this classification merely by 
submitting evidence that simply relates to at least three criteria at 8 C.F.R. 9 204.5(h)(3). In determining 
whether the petitioner meets a specific criterion, the evidence itself must be evaluated in terms of whether it is 
indicative of or consistent with sustained national or international acclaim. A lower evidentiary standard 
would not be consistent with the regulatory definition of "extraordinary ability" as "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. 9 204.5(h)(2). The petitioner has submitted evidence pertaining to the following 
criteria.' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes 
or awards for excellence in thejield ofendeavor. 
to the director's request for evidence, the petitioner submitted a March 22, 2007 letter fiom 
, Personnel Director, RCN Television, Bogota, Colombia, stating that the petitioner was the "editor" for 
information minted from the internet site of the International Festival of Movies and Television of Cartaeena 
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ind~cating that "' was a nominee in the "Best Comedy or Humor Program" category in 
the Colombian television com~etition. The ~etitioner's resDonse also included an article minted fiom 
www.astrolabio.net identifying '- as a finalist fo; 'Talk Show of the Year7' at the &TE (Spanish 
Television Industry) Awards 2003. Pursuant to 8 C.F.R. 9 103.2(b)(3), any document containing foreign 
language submitted to 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 English language translations accompanying the preceding 
documents were not certified by the translator as required by the regulation. Further, there is no evidence 
showing that the petitioner's television programs received a prize or award in their competitive category. 
While earning a nomination and being named a finalist are certainly honorable achievements, the plain 
language of this regulatory criterion requires the petitioner's receipt of nationally or internationally 
recognized prizes or awards. Finally, there is no evidence showing that the preceding honors were primarily 
attributable to the petitioner's editorial work. 
The petitioner also submitted a letter from 
 Executive Director for Northern South America, 
TVyNovelas, an entertainment magazine, stating that ' 
 ' won the magazine's award for "Best 
Magazine or Journalism" in 1999,2000,2001, and 2002 
 " won the award for 
"Best Humorous Program" in 2004. The English language translation accompanying 
 letter 
was not certified by the translator as required by the regulation at 8 C.F.R. 5 103.2(b)(3). Further, there is no 
evidence showing that the preceding awards were presented to the petitioner or that they were primarily 
attributable to his editorial work. We cannot ignore the plain language of this regulatory criterion requiring 
I 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. 
evidence of the "alien's receipt" of prizes or awards. 
 Finally, the petitioner has not established that 
TVyNovelas awards constitute nationally or internationally recognized awards for excellence in his field. 
In light of the above, the petitioner has not established that he meets this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in thejield for which classzjication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet ths criterion, it must be primarily about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualify 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national or international level from a local publication. Some newspapers, such as the Nav 
York Times, nominally serve a particular locality but would qualify as major media because of significant national 
distribution, unlike small local community 
The petitioner submitted digital video footage showing television programs directed by him for the Enlace 
Christian channel. On appeal, counsel argues that the director failed to consider this evidence. As the plain 
language of this regulatory criterion requires '"published material about the alien," we cannot conclude that 
the petitioner's evidence meets this criterion. None of the digital video footage was about the petitioner. 
Further, the video footage was unaccompanied by a certified English language translation as required by this 
regulatory criterion and the regulation at 8 C.F.R. 9 103.2(b)(3). Nor is there evidence showing that the 
preceding video footage was broadcast by major media outlets, that the footage aired nationally or 
internationally, or that it was otherwise distributed in a manner consistent with sustained national or 
international acclaim. Further, the date that the video footage was broadcast was not provided as required by 
this regulatory criterion. 
In response to the director's request for evidence, the petitioner submitted internet and magazine articles, but 
none of these materials mention the petitioner. The plain language of this regulatory criterion requires that 
the published material be "about the alien." Further, the English language translations accompanying the 
preceding articles were not complete or certified by the translator as required by the regulation at 8 C.F.R. 
fj 103.2(b)(3). Finally, there is no evidence showing that the preceding articles were in professional or major 
trade publications or some other form of major media. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence of the display of the alien's work in theJield at artistic exhibitions or showcases. 
On appeal, counsel argues that the digital video footage of television programs directed by the petitioner for 
the Enlace Christian channel meets ths regulatory criterion. The plain language of this regulatory criterion 
Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
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indicates that it is most applicable to the visual arts (such as sculpting and painting) rather than the petitioner's 
occupation. The ten criteria in the regulations are designed to cover different areas; not every criterion will 
apply to every occupation. With regard to visual artists, the significance of the exhibition or showcase is 
indicative of their acclaim. In the television industry, national or international acclaim is generally not 
established by directing a television program, but rather by directing programming that attracts a substantial 
national or international audience or receives widespread praise from critics. In this case, there is no evidence 
showing that the programming directed by the petitioner elevated him to the very top of his field or was 
indicative of sustained national or international acclaim. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
In order to establish that he performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of his role within the entire organization or 
establishment and the reputation of the organization or establishment. 
As discussed, the petitioner submitted a March 22, 2007 letter fro . stating that the petitioner 
edited several programs for RCN Television from 1999 to 2004, but there is no evidence showing that hs role for 
the company was leading or critical. For example, there is no evidence demonstrating how the petitioner's role 
differentiated him his coworkers at RCN Television and its senior management. 
On appeal, counsel argues that the petitioner performed in a leading or critical role for Enlace Christian 
channel. The record, however, includes no letter of support from this organization or evidence showing that it 
has a distinguished reputation. Without documentary evidence to support the claim, the assertions of counsel 
will not satisfy the petitioner's burden of proof. The unsupported assertions of counsel do not constitute 
evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 n.2 (BIA 1988); Matter of laureano, 19 I&N Dec. 1, 
3 n.2 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503,506 (BIA 1980). 
In this case, there is no evidence showing that the petitioner was responsible for the preceding organizations' 
success or standing to a degree consistent with the meaning of "leading or critical role" and indicative of 
sustained national or international acclaim at the very top of his field. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box ofJice receipts or 
record, cassette, compact disk, or video sales. 
The petitioner submitted digital video footage showing television programs he directed, but the director 
concluded that there was no evidence showing that these programs were commercial successes. Counsel does 
not challenge this conclusion on appeal and we concur with the director that the petitioner has not established 
that he meets this criterion. 
In this case, we concur with the director's determination that the petitioner has failed to demonstrate receipt of 
a major, internationally recognized award, or that he meets at least three of the regulatory criteria at 8 C.F.R. 
fj 204.5(h)(3). 
Review of the record does not establish that the petitioner has distinguished himself to such an extent that he may 
be said to have acheved sustained national or international acclaim or to be with the small percentage at the 
very top of his field. The evidence is not persuasive that the petitioner's achievements set hm 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. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. fj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.