dismissed EB-1A Case: Textile Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
@ U. S. Citizenship 
PUBLIC copy and Immigration 
++,, Services 
&nti@ing data deleted to 
pavent ddy unwarranted 
~M~OIA of personal privacy 
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FILE: Office: VERMONT SERVICE CENTER Date: r( 1 6 ?On: 
I EAC 05 078 52915 
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 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. 
h~fm,3&47 & 
i Robert P. Wiemann, Chief 
$'-~dministrative ~~&als Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office (MO) 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) Pnority 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. fj 204.5(h)(3): 
Initial evidence: A petition for an alien of extraordinary ability must be accompanied by evidence that 
the alien has sustained national or international acclaim and that his or her achievements have been 
recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement 
(that is, a major, international recognized award), or at least three of the following: 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor; 
(ii) 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 or fields; 
(iii) Published materials about the alien 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; 
(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of 
others in the same or an allied field of specification for which classification is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases; 
(viii) 
 Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration 
for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or 
record, cassette, compact disk, or video sales. 
This petition, filed on January 15, 2005, seeks to classify the petitioner as an alien with extraordinary ability 
as a tailor. In support of the petition, the petitioner submitted a November 12, 2004 letter from a former 
employer in Turkey describing his duties and responsibilities and listing his dates of employment. 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 June 20, 2005, the director issued a notice of intent to deny requesting that the petitioner submit evidence 
establishing his eligibility as an alien of extraordinary ability. The petitioner failed to respond to the 
director's notice of intent to deny. 
On March 6, 2006, the director denied the petition, finding that the petitioner had not established his 
eligibility pursuant to section 203(b)(l)(A) of the Act. 
"[The petitioner] has worked with us as an Embroidery Designer Specialist. He has extraordinary ability on 
digitizing and design creation of complex logos, pictures, and designs by using special embroidery software, 
such as ib 
y Pulse." The petitioner also submits photographs of his work. 
The preceding evidence, however, does not relate to the petitioner's eligibility under any of the regulatory 
criteria at 8 C.F.R. 9 204.5(h)(3), nor is it adequate to demonstrate his sustained national or international 
acclaim. 
The petitioner states: "I am a person of extraordinary ability in the arts (i.e. embroidery, textile arts)." 
The petitioner's appellate submission does not challenge the director's findings, nor does he offer specific 
arguments addressing the regulatory criteria at 8 C.F.R. 4 204.5(h)(3). 
In this case, the petitioner has failed to demonstrate receipt of a major internationally recognized award, or that 
he 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 himself to such an extent that he 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 him significantly above 
almost all others in his field at the national or international level. Therefore, the petitioner has not established 
eligibility 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. 9 136 1. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.