dismissed EB-1A Case: Visual Arts

Men~data de&fj &, 
Prevent dearly -ted 
invasion of persona 
pdweg 
PUBLIC copy 
U.S. Department of Homeland Security 
20 Mass. Ave.. N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. § 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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 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 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. 
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 info the United States will substantially benefit prospectively 
the United States. 
Specific supporting evidence must accompany the petition to document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. 9 204.5(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. 9 204.5(h)(3), or under 8 C.F.R. 9 204.5(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 as a visual artist. The 
petitioner initially submitted supporting materials including photographs of some of his paintings, 
documentation of his Vermont Studio Center Freeman Fellowship, four media articles that discuss or mention 
his work, evidence of the display of his work in three exhibitions, documentation of his judgment for art 
contests, and evidence regarding his teaching of art in the Philippines. In response to the director's Request for 
Evidence (RFE), the petitioner submitted additional evidence regarding his Freeman Fellowship, one exhibition, 
and the sources that printed the media articles previously submitted. On appeal, the petitioner submits further 
information regarding a magazine and a newspaper that published articles mentioning the petitioner and a letter 
and additional information from an art center that has displayed the petitioner's work. 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. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards 
for excellence in theJield of endeavor. 
The petitioner submitted evidence that he received a Vermont Studio Center Freeman Fellowship to support his 
two-month residency at the Center from September 29 to November 22, 2002. The petitioner is listed as one of 
two winners from the Philippines in the Center's Asian Artists Program. The submitted excerpt from a brochure 
of the Center explains that this program, "founded in 1992 and funded by the Freeman Foundation[,] provides 
two-month Vermont Studio Center Residencies to two outstanding artists apiece from each of ten countries in 
Asia." In his RFE response, the petitioner submitted the application form and brochure for the 2004-2005 
program which includes a photograph of the petitioner. 
An article published in the October 7, 2002 edition of the Mindanao Times and entitled "Ben Baiiez and His 
Vermont Studio Center Freeman Fellowship" states that the petitioner "deserves to be identified as Davao's, 
perhaps, the Philippines' first 'Cutting edge' artist to be recognized by an international jury when he won the 
prestigious Vermont Studio Center Freeman Fellowship." The record does not establish that the Mindanao 
Times is a national publication in the Philippines, rather than a local newspaper for the Mindanao region. The 
record contains no other evidence that the Asian Artists Program fellowship is nationally or internationally 
recognized in the field in the Philippines, the United States, or other countries, outside of the fellowship 
applicants and recipients. 
While the petitioner's fellowship resulted from a national competition with other Filipino artists, the record does 
not establish that the fellowship itself constitutes asnationally or internationally recognized prize or award, 
receipt of which reflects the requisite sustained acclaim. Accordingly, the petitioner does not meet this criterion. 
(iio Published material about the alien ln professional or major trade publications or other major media, 
relating to the alien's work in the Jield for which classification is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
The petitioner submitted five media articles, none of which satisfy this criterion. The first article, as discussed 
above under the second criterion, was published in the Mindanao Times. This article discusses the petitioner, 
his work and his receipt of the Freeman Fellowship from the Vermont Studio Center. In his RFE response, the 
petitioner submitted a printout from an unidentified source entitled "Philippines Newspaper Directory," which 
includes the Mindanao Times in a list of 17 other newspapers, and a printout from the November 28, 2001 
online edition of the Mindanao Times. Neither printout demonstrates that the newspaper is nationally circulated 
or otherwise considered to be a major media source in the Philippines. Hence, the article does not meet this 
criterion. 
The second article, "Beyond the Tribal: Rethinking Mindanao," was featured in the 1998 edition of Pananaw 
Philippine Journal of Visual Arts. The submitted copy shows that this journal is published by the National 
Commission for Culture and the Arts in the Philippines as an initiative of the 1995-1998 Committee on Visual 
Arts. While this evidence indicates that the journal is a professional publication in the petitioner's field, the 
submitted article discusses the art of the Mincjanao region and only briefly mentions the petitioner's work. The 
14-page article includes just two and a half paragraphs about the petitioner's art and includes one photograph of 
one of the petitioner's paintings among photographs of 27 other artworks. On appeal, counsel contends that the 
regulation does not require that an article focus on the alien in order to satisfy this criterion. However, as 
explained in our preliminary comments, we are bound to evaluate this evidence as it reflects, demonstrates or is 
consistent with sustained national or international acclaim. One brief mention of the petitioner in an article 
concerning the art of one region of the Philippines and published five years before the petition was filed does 
not reflect the requisite sustained acclaim. Consequently, this article does not satisfy this criterion. 
The third article was submitted as a printout from the website of the National Commission for Culture and the 
Arts in the Philippines. The article is entitled "Crossbred aid ~mi~r~: Visual Art in Flux" and includes one 
sentence with the petitioner's name: "Yet another parallel development is the ascendance of a premeditated 
shock aesthetic prominent in works of artists such as Jason Moss, Jose Legaspi, Alwin Reamillo, Ben Banez, 
and Manuel Ocampo." While the Commission's website might be.a form of major media, the submitted article 
is not about the petitioner and does not meet this criterion. 
The fourth article was published in the August 11, 1997 edition of Graphic magazine, is entitled "An Americana 
in the Philippines" and discusses the life of Aida Rivera Ford, the wife of the Filipino artist and the petitioner's 
teacher, Victorio Edades. The article includes a photograph of Ms. Ford unveiling a statute of her husband that 
was sculpted by the petitioner and another artist. The photograph caption identifies the petitioner, but the article 
makes no mention of him or his work. The fifth article was published in the September 27, 1990 edition of 
Graphic and is also not about the petitioner. Rather, the article discusses the life and work of his teacher, 
Victorio Edades. The article only once mentions the petitioner as one of Mr. Edades first students who has 
"veered . . . into apocalyptic surrealism." Although Graphic magazine may be a nationally circulated 
publication, the two submitted articles are not about the petitioner and were published six and 13 years before 
the petition was filed. Consequently, these articles do not satis@ this criterion. 
(iv) Evidence of the alien S participation, either individually or on apanel, as a judge of the work of others 
in the same or an alIiedJield of speciJication for which classz$cation is sought. 
The petitioner submitted a letter from the Davao City Water District inviting him to be a judge for the 
"Regionwide On-The-Spot Poster Making Contest," but no evidence that he accepted the invitation and actually 
judged the competition. The record also contains the program for the Second DCWD Kids Art Contest Collage- 
Making on November 17, 2000 and lists the petitioner as the representative of the Board of Judges. This 
document does not satisfy this criterion because it indicates only that the petitioner judged the work of children 
- not established artists in his field. Finally, the petitioner submitted a certificate of appreciation awarded to 
him by the Philippine Women's College of Davao for "sharing his time and expertise as a Member of the Board 
of Judges during the Poster-Slogan Contest and Diorama Making Contest at the PWC Pavilion." The petitioner 
submitted no evidence that the referenced contests were open to established artists throughout the Philippines, 
rather than limited to the students of a local college. Hence, his judgment of those contests does not reflect 
national acclaim. 
The petitioner also submitted evidence that he taught art at the Ford Academy of the Arts in the Philippines. 
While his teaching undoubtedly required critical assessment of his students' artwork, such judgment does not 
meet this criterion. Duties or activities routine or inherent to an occupation do not demonstrate the requisite 
sustained acclaim. The petitioner submitted no evidence that he has judged the work of other visual artists in a