dismissed EB-1A Case: Visual Art And Graphic Design

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
2 
jf&.$~+ 
-4 
FILE: Office: CALIFORNIA SERVICE CENTER Date: H0y 2 8 2845 
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: 
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. 
V 
Ef~obert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 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 1153(b)(l)(A), as an alien of extraordinary ability in the 
arts. The director determined that the petitioner had not established the sustained national or international 
acclaim requisite to classification as an alien of extraordinary ability. On appeal, counsel submits a brief but no 
additional evidence. We uphold the director's decision for the reasons discussed below. 
Section 203(b) of the Act states, in pertinent part: 
(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 into the United States will substantially benefit prospectively 
the United States. 
Specific supporting evidence must accompany the petition $0 document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. 5 204.5(h)(3). An alien can establish sustained national or 
international acclaim through evidence of a "one-time achievement (that is, a major, international recognized 
award)." Id. Absent such an award, an alien can establish the necessary sustained acclaim by meeting at least 
three of ten other regulatory criteria. Id However, the weight given to evidence submitted to fulfill the criteria 
at 8 C.F.R. tj 204.5(h)(3), or under 8 C.F.R. 5 204.5(h)(4), must depend on the extent to which such evidence 
demonstrates, reflects, or is consistent with sustained national or international acclaim at the very top of the 
alien's field of endeavor. 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. $ 204.5(h)(2). 
In this case, the petitioner seeks classification as an alien with extraordinary ability in the arts as a visual artist 
and graphic designer. At the time of filing, the petitioner was employecl in the United States by Art Territory, 
LLC (hereinafter, "Art Territory") as an art director. The petitioner submitted supporting documents including 
evidence of his academic credentials, his exhibitions, copies of his artdrk, newspaper articles and 16 letters of 
recommendation. On appeal, counsel submits a four-page, unsigned brief and no additional evidence. 
Counsel's claims do not overcome the deficiencies of the petition and the appeal will be dismissed. We address 
the evidence submitted and counsel's contentions in the following discussion of the regulatory criteria relevant 
to the petitioner's case. The petitioner does not claim eligibility under any criteria not discussed below. 
(iii) Published material about the alien in professional or major trade publications or other major media, 
relating to the alien's work in the field for which classiJication is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
Counsel initially claimed that the petitioner met this criterion because his work was included in the "Wild 
Thornberrys Movie" and because he created graphic designs for compact discs, books and other commercial 
products. Counsel misreads the regulation. Published work by the alien does not meet this criterion, which 
pertains only to published material about the alien. 
As additional evidence of his eligibility under this criterion, the petitioner submitted copies of numerous 
newspaper articles purportedly about him. All but one of these articles is printed in Lithuanian. The petitioner 
submitted English translations of one to five sentences from seven articles, but these translations are not 
complete or certified by the translator. Because the petitioner failed to submit complete and certified 
translations of the Lithuanian articles, we cannot determine whether these documents support the petitioner's 
claim. See 8 C.F.R. 3 103.2(b)(3). Accordingly, the evidence is not probative and will not be accorded any 
weight in this proceeding. 
The petitioner submitted one article printed in English. This article was published in the October 1, 2003 
edition of the Armenian Observer and is entitled "Hollywood Stage Variety Show to Showcase Two Local 
Armenian Talents." The article states that the show will include an art exhibition with the work of the petitioner 
and five other visual artists, but does not otherwise discuss or focus on the petitioner's work. In addition, the 
record contains no evidence that the Armenian Observer is a form of major media. Accordingly, the petitioner 
does not meet this criterion. 
(v) Evidence of the alien's original scientiJic, scholarly, artistic, athletic, or business-related contributions of 
major sigrziJcance in the field. 
On appeal, counsel claims that the recommendation letters attest to the petitioner's "great contributions to the 
field of art" and that the director did not accord the letters the proper weight. Counsel contends that the letters 
"show that not only has the Petitioner made significant contributions in his field, but that he is a leading 
innovator in both commercial and exhibition art." The record does not support'these claims. The petitioner 
submitted 16 support letters from individuals who have worked with him or are familiar with his work. While 
such letters provide relevant information about /an alien's experience and accomplishments,-eey cannot by 
themselves establish the alien's eligibility under this criterion because they do not demonstrate that the 
alien's work is of major significance in his field beyond the limited number of individuals with whom he has 
worked directly. Even when written by independent experts, letters solicited by an alien in support of an 
immigration petition carry less weight than preexisting, independent evidence of major contributions that one 
would expect of an alien who has achieved sustained national or international acclaim. Accordingly, we 
review the letters as they relate to other evidence of the petitioner's contributions. 
they attest to the petitioner's talent, creativity 
original, major contributions that he has made to the animation field. Lev Moross and Jerry Solomon of Art 
Territory, a fine art printing studio and the petitioner's employer, commend the petitioner's talent and 
"exceptional work" as art director for their company. Similarly, Andrew Laspino of Evolution Art Group, 
LLC, an art publishing company, states that he has worked with the petitioner at Art Territory and praises the 
petitioner's artistic, creative and professional abilities. Yet Mr. Moross, Mr. Solomon and Mr. Laspino do 
not identify any original, major contributions that the petitioner has made to the field of art printing and 
publishing. 
Other letters describe the petitioner's accomplishments in his native Lithuania and are dated in 2001. Lolita 
Varanaviciene, Director of TYTO ALBA Publishing House, praises the petitioner's skills and states that he 
designed covers for the Lithuanian editions of several foreign books published by TYTO ALBA that helped 
the books sell well. Aivaras Laukaitis, Director of Maiasis Vyturys, Ltd., and Egle Drevinskiene, Director of 
AB Baltogji Arka, also affirm the petitioner's successful design work for publishing houses in Lithuania. 
Edvinas Pocius, Director of the UAB Verda VI Tele Bim Bam Club, stat& that the petitioner did design work 
for the children's television program, "Tele Bim Bam" and its parent company. Rimantas Pupeikis, Director 
of the Vilnius Record Studio, states that the petitioner also designed the covers of several successful classical 
music recordings for his studio. Daiva Sniukaite, Baby Friendly ~os~ital Initiative (BFHI) Program Director 
for the Lithuanian National Committee for the United Nation? ~hildren~s Fund (UNICEF), states that the 
petitioner designed several placards for the BFHI and was selected to create a design for the UNICEF 
Kosovo Campaign in 2000. While these letters indicate that the petitioner was a successful graphic designer 
in Lithuania, they do not establish that he made any original contributions of major significance to graphic 
design in Lithuania or abroad. 
Two other letters attest to the petitioner's contributions to Lithuanian-American cultural activities since his 
arrival in the United States. Stasys Maksvytis, President of Lithuanian-American Comm 
the petitioner plays an important role in the community's cultural events. 
of the Lithuanian Los Angeles Drama Ensemble, state that the 
success" of their theatrical productions. Again, neither of these letters demonstrates that the petitioner has made 
original and major contributions to his field. 
The record contains no evidence to corroborate the letters' assessments of his achievements. The petitioner 
submitted unlabeled printouts of his animation work, photographs of his mixed media artwork, copies of his 
compact disc, book cover and other graphic designs, and copies of cards for three exhibitions of his work in Los 
Angeles. The record contains no evidence that any of this work has been critically acclaimed in Lithuania or the 
United States, has significantly influenced other visual artists or graphic designers, or has otherwise made a 
substantial impact on the petitioner's field. The evidence submitted does not establish that the petitioner has 
made original, major contributions to his field in a manner consistent with sustained national or international 
acclaim. Accordingly, the petitioner does not meet this criterion. 
(vii) Evidence of the display of the alien's work in thejield at artistic exhibitions or showcases. 
P 
Frequent exhibition or display of artwork is intrinsic to most artistic professions. Yet duties or activities which 
nominally fall under a given regulatory criterion at 8 C.F.R. 9 204.5(h)(3) do not demonstrate national or 
international acclaim if they are inherent or routine in the occupation itself, or in a substantial proportion of 
positions within that occupation. In this case, the record documents four exhibitions of the petitioner's work in 
Los Angeles at the Women's Club of Hollywood, "Lithuanian Community," and the Klasky Csupo Gallery 
between 2002 and 2003. The record contains no evidence that these exhibitions were critically acclaimed, 
received recognition across the United States, or were otherwise notably recognized by the visual arts field in 
the United States or abroad. The petitioner submitted no evidence that he has participated in major national or 
international exhibitions in a manner consistent with the requisite sustained acclaim. Accordingly, he does not 
meet this criterion. 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments 
that have a distinguished reputation. 
Counsel claims the petitioner meets this criterion because the recommendation letters state that he has worked 
with UNICEF, is "one of the most famous and popular artists of his time" in Lithuania and "has worked for 
several leading animators in the United States." The record does not support this claim. As explained under the 
fifth criterion, recommendation letters alone cannot suffice to demonstrate an alien's eligibility for immigrant 
classification as an alien with extraordinary ability without significant corroborative evidence of the alien's 
achievements. In this case, the recommendation letters state that the petitioner has done valuable work for 
certain organizations and companies in Lithuania and the United States that contributed to the success of some 
of these establishments or some of their individual projects, but the letters do not establish that the petitioner 
performed a leading or critical role for the organizations and companies as a whole. 
Ms. Sniukaite, affirms that the petitioner has created designs for the Lithuanian National Committee for 
UNICEF and has "revealed-himself to be a right, responsible and creative artist to fulfil [sic] the specific 
tasks in specific areas." "does not state that the petitioner performed a leading or critical role 
for the Lithuanian National Committee for UNICEF as a whole and the record contains no other evidence of 
the petitioner's involvement with UNICEF 
Director Drevinskiene, of AB Baltogji Arka, states, "Our success for selling books (we sell twice more than 
similar publishing houses in Lithuania) belongs to the genius of Sigitas Sniras." Director Pupeikis, of the 
Vilnius Record Studio, also states that "[tlhe art of SIGITAS SNIRAS was a passport to success of 
Lithuanian CDs." The record contains no corroborative evidence of the petitioner's role at AB Baltogji Arka 
and the Vilnius Record Studio or that the commercial success of these companies is directly attributable to 
the petitioner's work. Even if documented, the petitioner's role at these companies is not consistent with the 
requisite sustained acclaim. Both letters are dated in May 2001, four years before this petition was filed, and 
the record contains no evidence that the petitioner continued to work for either company after his departure 
from Lithuania to the United States. In addition, the record contains no independent evidence that either AB 
Baltogji Arka or the Vilnius Record Studio has a distinguished reputation. 
Ms. Malanitchev and Mr. Lurie, of Klasky Csupco, affirm that the petitioner worked on "The Wild 
Thornberrys Movie." Ms. Malanitchev states that the petitioner's "talent contributed greatly to the 
successful look of our film." Mr. Lurie similarly states that the petitioner's "talent contributed greatly to the 
successful outcome of our film." Yet even if the petitioner played a critical role in the production of "The 
Wild Thornberrys Movie," the record contains no evidence that he performed a leading or critical role for 
Klasky Csupco as a whole, beyond the company's work on this single animated film. The record also 
contains no independent evidence of Klasky Csupco's reputation within the animation industry. 
The evidence submitted indicates that the petitioner has made valuable contributions to successful companies 
in Lithuania and one animated film in the United States, but the record does not demonstrate that he 
performed a leading or critical role for any organization or establishment in a manner consistent with the 
requisite sustained acclaim. Accordingly, the petitioner does not meet this criterion. 
(x) Evidence of commercial successes in the performing arts, as shown by box oflce receipts or record, 
cassette, compact disk, or video sales. 
Although this criterion pertains to the performing - not visual - arts, counsel claims the petitioner is eligible 
under this category. The regulation at 8 C.F.R. 5 204.5(h)(4) allows consideration of comparable evidence of an 
alien's eligibility only when the ten criteria listed at 8 C.F.R. 9 204.5(h)(3) "do not readily apply to the 
beneficiary's occupation." Counsel does not demonstrate that the other criteria do not readily apply to the 
petitioner's occupation and in fact, claims that the petitioner meets four of the other criteria at 8 C.F.R. 
5 204.5(h)(3). 
Even if we considered the relevant material as comparable evidence of the petitioner's eligibility under this 
category, the record does not support counsel's claim. On appeal, counsel claims the petitioner satisfies this 
criterion because he "worked on the Rugrats and Wild Thorbury 's [sic] movies," yet the record only verifies the 
petitioner's work on "The Wild Thomberrys Movie." Counsel continues, "The officer states that there has been 
no evidence of the commercial success of those movies. Certain notorious facts that are common knowledge 
may be used to asses [sic] the validity of a claim. The movies mentioned in the submission are widely known 
and were viewed by the masses." While "The Wild Thornberrys Movie" may have been shown across the 
United States, its wide distribution is notprima facie evidence of the film's commercial success. As the director 
correctly stated, the record is devoid of any evidence of the commercial success of "The Wild Thornberrys 
Movie" and counsel's mere assertion is inadequate. Simply going on record without supporting documentary 
evidence is not sufficient to meet the burden of proof in these proceedings. Matter of Soflci, 22 I&N Dec. 158, 
165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Moreover, the letters of Ms. Malanitchev and Mr. Lurie do not persuasively demonstrate that the alleged success 
of "The Wild Thornberrys Movie" was directly attributable to the petitioner's work. Accordingly, the petitioner 
does not meet this criterion. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act, 8 U.S.C. 5 1 153(b)(l)(A), 
only if the alien can establish extraordinary ability through extensive documentation of sustained national or 
international acclaim demonstrating that the alien has risen to the very top of his or her field. The evidence in 
this case indicates that the petitioner has been successfully employed as a graphic designer in Lithuania and as 
an animator and art director in the United States. However, the record does not establish that the petitioner has 
achieved sustained national or international acclaim as a visual or graphic artist placing him at the very top of 
his field. He is thus ineligible for classification as an alien with extraordinary ability pursuant to section 
203(b)(l)(A) of the Act, 8 U.S.C. 5 1 1 53(b)(l)(A), and his 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. 5 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.