dismissed EB-1A Case: Visual Arts

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 02, 2023 In Re: 28694367 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a visual artist, seeks classification as an individual of extraordinary ability in the arts. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first 
preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Petitioner satisfied the initial evidence requirements for this classification by 
demonstrating his receipt of a major, internationally recognized award or by submitting evidence to 
satisfy at least three of the ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3). The matter is now before 
us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal. 1 
I. LAW 
Section 
203(b )( 1 )(A) of the Act makes visas available to immigrants with extraordinary ability 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, 
1 Appeals filed by representatives must contain a new, properly executed Form G-28, Notice of Entry of Appearance as 
Attorney or Accredited Representative. 8 C.F.R. § 292.4(a). At the time of filing the appeal, the Petitioner provided a 
copy of a prior Form G-28 for! Ipre-dating the appeal. We sent a notice advising the Petitioner that since 
the appeal did not contain a new Form G-28, we must treat the appeal as self-represented. The record does not contain a 
response from the Petitioner to our notice. Because this appeal does not contain a new Form G-28, we consider it to be 
self-represented. 
(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. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339, 
1343 (W.D. Wash. 2011). 
II. ANALYSIS 
The Petitioner is a visual artist. Because he has not indicated or established that he has received a 
major, internationally recognized award, he must satisfy at least three of the alternate regulatory 
criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director found in his decision that the Petitioner did not 
meet any of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). 2 On appeal, the Petitioner asserts 
that he meets seven of the evidentiary criteria. After reviewing all of the evidence in the record, we 
find that he does not meet the requisite three criteria, and thus does not meet the initial evidentiary 
requirements for the requested classification. 
In addition to his brief and evidence previously submitted into the record, the Petitioner also submits 
new evidence in support of his claimed criteria. Further, the Petitioner makes an additional eligibility 
claim that was never argued or presented before the Director in this proceeding. Specifically, for the 
first time on appeal, the Petitioner contends that he fulfills the criterion relating to high salary under 
8 C.F.R. § 204.5(h)(3)(ix). 3 Accordingly, we will not consider new eligibility claims or evidence in 
2 The Director indicated in his request for evidence that the Petitioner met the evidentiary criterion at 8 C.F.R. 
§ 204.5(h)(3 )(vii), relating to the display of his work at artistic exhibitions or showcases, but did not mention this criterion 
in his decision. 
3 Prior to the denial of the petition, the Petitioner provided copies of invoices and proposals for murals he painted for a 
member of the Qatari royal family, as evidence of the acclaim his work has received for having been "exhibited throughout 
2 
our adjudication of this appeal. See Matter ofSoriano, 19 I&N Dec. 764, 766 (BIA 1988) (providing 
that if "the petitioner was put on notice of the required evidence and given a reasonable opportunity 
to provide it for the record before the denial, we will not consider evidence submitted on appeal for 
any purpose" and that "we will adjudicate the appeal based on the record of proceedings" before the 
Chief). 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. 
§ 204.5(h)(3)(i) 
In order to fulfill this criterion, the Petitioner must demonstrate his receipt of lesser nationally or 
internationally recognized prizes or awards for excellence in his field of endeavor. Relevant 
considerations regarding whether the basis for granting the prizes or awards was excellence in the field 
include, but are not limited to, the criteria used to grant the prizes or awards, the national or 
international significance of the prizes or awards in the field, and the number of awardees or prize 
recipients as well as any limitations on competitors. 4 
The Petitioner maintains that he meets this criterion based on the following: 
• 5th prize, Award (Drawing, Calligraphy, Printmaking category)-12th 
(2019); 
• 2nd place - I IFoundation,~!-~!Horse Painting Competitio n,~!-~ 
International Arabian Horse Festival (2022); 
• 3rd place - ._________ __.Foundation,! IPainting Competition,~!-~ 
F es ti val (2017) 5 
As noted, the Petitioner claims eligibility based on his 5th prize, '.__ ____ ~_ ____. Award at the 
12th I I held in 2019. However, the record lacks sufficient objective evidence 
regarding the I IA ward to establish that it is a nationally or internationally 
recognized prize or award for excellence in the visual arts. A letter from the exhibition's director 
indicates the exhibition is sponsored by the Italian Ministry of Culture and is "the major contemporary 
art and design exhibition inl I' and "an outstanding showcase of the international contemporary 
art and design production." The letter provides that the Petitioner was awarded the prize for his 
I I art project. 
Additional information from the 2019 ~-----~ website provides the exhibition has "over 
500 artists from more than 70 countries," but does not indicate the criteria used to grant the prizes or 
awards or the number of awardees or prize recipients. Further, the only background information 
the world" and in "numerous private collections." However, he did not previously articulate a claim that he can satisfy the 
criterion at 8 C.F.R. § 204.5(h)(3)(ix), which requires evidence that the individual has commanded a high salary, or other 
significantly high remuneration, in relation to others in the same field. 
4 See generally 6 USC1S Policy Manual F.2(B)(l), https://www.uscis.gov/policy-manual (providing guidance for the 
evaluation of evidence submitted under 8 C.F.R. § 204.5(h)(3)(i)-(x)). 
5 The Petitioner does not ursue his revious claim that his recei t of 3rd lace at I II 0 (2017) 
2nd lace at the and 2nd place at the ~I----~I 
~-------~(2015) are qualifying awards under 8 C.F.R. § 204.5(h)(3)(i). 
3 
provided was about the exhibition (not the award), was sourced from the organizer, and does not 
establish that the winners receive recognition that extends beyond the awarding organization. It is the 
recognition that the award receives in the field on a broader level, beyond the issuing organization or 
event, that determines whether it satisfies that element of this criterion. For the above reasons, the 
submitted documentation does not establish that the~-------~Award in this exhibition is 
a nationally or internationally recognized award for excellence in the field. 
Regarding the awards the Petitioner received from the I I Foundation, he 
provided an article dated 2018 from Cnn.com about thel Icomplex of"galleries, 
theaters and concert halls which hosts a year-round program of exhibitions, performances, and 
festivals." He did not provide any documentary evidence related to the exhibitions or competitions at 
which he received these awards in support of his claim that the awards are nationally or internationally 
recognized. The Director concluded, and we agree, that simply providing evidence of his receipt of 
an award certificate is insufficient to demonstrate the award's national or international recognition for 
excellence in the field. 
Finally, the Petitioner provided a certificate of appreciation for his "valuable contribution" to Qatar 
Sustainability Week 2021, and certificates of participation in the Qatar Fine Arts Association 
"Realistic Art Workshop and Competition" held in 2018 and "the drawing activities" of National Day 
201 7. The evidence does not establish, however, that a certificate of appreciation or participation is 
an "award or prize for excellence" in the field. 
For the reasons discussed, the Petitioner did not establish that his prizes and awards are nationally or 
internationally recognized for excellence in the field. Accordingly, we conclude that he did not 
demonstrate that he meets this criterion. 
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. 
8 C.F.R. § 204.5(h)(3)(ii) 
To satisfy this criterion, a petitioner must provide evidence of their membership in an association and 
demonstrate that such membership is based on being judged by recognized national or international 
experts as having outstanding achievements in the field for which classification is sought. 6 The 
Petitioner claimed that he meets this criterion based on his membership in the Qatar Fine Arts 
Association (QF AA). As explained below, we agree with the Director's conclusion that the Petitioner 
has not shown that the association has sufficiently restrictive membership requirements. 
In support of his claim that membership in QF AA satisfies the regulatory requirements of this criterion, 
the Petitioner provided a letter from QFAA chairman Y-K-A-S- that states that the Petitioner "has 
been exhibited in QFAA since 2015." He explains that "only Qatari artists are official members" and 
the Petitioner, as a non-Qatari artist, "is an honorary member entitled to participate in annual art 
activities of the QF AA." He provides that the basis for membership in the QF AA is "creative activity 
and individual creativity of professional creative workers, the result of which is work or its 
6 See generally 6 USCIS Policy Manual, supra, at F.2(B)(l). 
4 
interpretation that has cultural and artistic value, works that have independent creative significance 
and have gained public recognition, participation of artists in the city and international exhibitions." 
Further, the letter states that the selection committee "in its majority consists of all the visual arts team 
members based on thel IFoundation,I I Affairs Department." On appeal, 
the Petitioner provides that "the administration of [QF AA] did not respond to our inquiry. 
Nevertheless, the fact of membership in a prestigious national organization can be confirmed by 
publications, catalogs, and awards." 
While we have considered the letter from Y-K-A-S-, we agree with the Director that his statements 
are not sufficiently detailed to establish that the QF AA requires prospective members to demonstrate 
"outstanding achievements" as a condition of admission. First, we note that the letter is unsigned and 
has limited probative value. In addition, the Petitioner did not demonstrate how artistic work "that has 
cultural and artistic value, independent creative significance, and gained public recognition" or artists 
who have participated in city and international exhibitions reflects outstanding achievements 
consistent with this regulatory criterion. 
The letter's statements are broad and are not accompanied by any supporting evidence regarding the 
QF AA or its membership requirements, such as information from its website regarding membership 
and the application process, or its constitution or bylaws, which may contain information regarding 
the selection criteria and process for becoming an "honorary member." Furthermore, the letter does 
not indicate whether recognized national or international experts judge the outstanding achievements 
for membership, as required by the regulation. 7 For all the reasons discussed, the record does not 
establish that the Petitioner satisfies this criterion. 
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 classification is sought. 
Such evidence shall include the title, date, and author of the material, and any 
necessary translation. 8 C.F.R. § 204.5(h)(3)(iii) 
In order to satisfy this criterion, the Petitioner must demonstrate published material about him and 
relating to his work in professional or major trade publications or other major media, as well as the 
title, date, and author of the material. The record reflects that the Petitioner has submitted several 
articles and in-depth interviews that are about him and relating to his work, and which also include the 
required author, title, and date of publication. 8 Those items were published in Gulf Times, Gulf­
times.com, The Peninsula, S.thepeninsula.qa, and Travel To Art. Therefore, the remaining issue is 
whether the Petitioner established that any of the referenced articles or interviews were published in 
professional or major trade publications or other major media. 9 
7 Id. 
8 Other articles, published in LandEscape Contemporary Art Review, Landescapeart.yolasite.com, Boomer, Bmyspil 
Magazine, s.thepeninsula.qa, and gulf-times.com do not include a date and author, and therefore do not satisfy the criterion. 
In addition, an article from Gui 'Times dated I 12016, about a group exhibition of Ukrainian artists that includes the 
petitioner at the.__ ______ --J is about the exhibition and is not about the Petitioner. Articles that are not about 
the Petitioner do not meet this regulatory criterion. See, e.g., Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at* 1, *7 (D. 
Nev. Sept. 8, 2008) (upholding a finding that articles about a show are not about the actor). 
9 See generalzv 6 USCIS Policy Manual, supra, at F.2(B)(l) (instructing that in evaluating whether a submitted publication 
5 
In the request for evidence, the Director advised the Petitioner that each article submitted to satisfy 
this criterion should include: the title, date and author of the published material; the circulation (online 
and/or in print) of the publication in which it appeared; and comparative circulation data for major 
publications. Within his response, the Petitioner submitted online printouts from 
Thepeninsulaqatar.com, which indicate that the website has "over 65 million pageviews in 2020" and 
"is the top news website - in both English and Arabic - in Qatar." The information provided from the 
preceding website is not sufficient to demonstrate that the online version of the publication qualifies 
as major media. USCIS need not rely on self-serving assertions. 10 The Petitioner did not submit 
sufficient comparative circulation, readership, or viewership data to support his claim that he and his 
work have been featured in major media or major trade publications . 
The Petitioner also provided online printouts from Gulf-times.com that do not indicate the 
publication's circulation (on-line or in print); only that The Gulf Times "comprises several sections: 
editorial, analysis, news, economy, sports, library and archives, technical and local reporters." In light 
of the above, the Petitioner has not established that he meets this criterion. 
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business­
related contributions ofmajor significance in the field. 8 C.F.R. § 204.5(h)(3)(v). 
In order to satisfy the regulation at 8 C.F.R. § 204.5(h)(3)(v), a petitioner must establish that not only 
have they made original contributions, but also that the contributions have been of major significance 
in the field. For example, a Petitioner may show that the contributions have been widely implemented 
throughout the field, have remarkably impacted or influenced the field, or have otherwise risen to a 
level of major significance. See Visinscaia, 4 F. Supp. 3d at 134-35. 
The Petitioner, citing to his I I art project (also referred to in the record as 1 t 
.___________ ___.,, indicates that the influence of his work beyond his "employers, clients 
or customers is reflected in the involvement of numerous individuals from different countries, diverse 
social groups, and interests, including artists, musicians, politicians, students, and many others 
participating in the project." The record reflects that since 2016 the Petitioner through his I I 
project has[ lwith which he then 
creates art. In addition to other evidence related to his artistic projects, the Petitioner has provided 
letters from colleagues who praise his abilities as a visual artist. 11 However, the submitted letters do 
not contain sufficient information to establish how he has made an original contribution that has 
remarkably influenced or impacted the field. 
is a professional publication , major trade publication, or major media, relevant factors include the intended audience (for 
professional and major trade publications) and the relative circulation, readership, or viewership (for major trade 
publications and other major media). 
10 See Braga v. Poulos, No. CV 06 5105 SJO (C. D. CA July 6, 2007) afj'd 2009 WL 604888 (9th Cir. 2009) (concluding 
that the AAO did not have to rely on self-serving assertions on the cover of a magazine as to the magazine's status as major 
media). 
11 Although we do not discuss every letter submitted, we have reviewed and considered each one in determining whether 
the submitted evidence satisfies this criterion. 
6 
For instance, A-S-, an art consultant, indicates she met the Petitioner in Qatar in 2011 while organizing 
art auctions and exhibitions of international and regional art. She provides that the Petitioner was 
invited to paint a portrait of members of the Qatari ruling family and to decorate their residences with 
frescoes. She claims the I I project "started a wide social art movement~ I I in which 
"[ m Jany notable contemporaries including the royal family members, politicians, businessmen, 
ambassadors, scientist s , athletes, artists, and musicians visited [ the Petitioner's] studio to leave their 
,______________________ ...- art project." She asserts that "[a]ll the 
collected messares have been incorporated into the impressive artwork currently in the private 
collection ofthe ....L________ ____,~' 
K-W-, a museum director and entrepreneur, states that the Petitioner's "project, t has 
received significant recognition and praise from notable figures, including the royal family of Qatar 
... who have visited his exhibitions and were very enthusiastic." He claims that the Petitioner "has 
contributed significantly to the contemporary art scene in the Arab world and beyond" and his 
"innovative techniques and exceptional skill have made him a recognized figure in the art world." 
The letters ofA-S- and K-W- indicate the originality of the Petitioner'sl Iproject, but the actual 
impact of his project on the wider field, or even within the Qatari artistic community, has not been 
established. In addition, while offering very high praise, K-W- does not explain how the Petitioner 
contributed to the art scene at an international level or indicate how his innovative artistic techniques 
or exceptional skill have impacted other artists. 
V-S-, the president of the Academy of Arts, confirms that the Petitioner presented 
an exhibition of hisl lart project in 2018 at thel lof the Arts, and asserts that the 
Petitioner "belongs to the circle of persons capable of introducing new ideas into the professional 
sphere." 
T-K, a candidate of art history, and A-V- who has worked with several art galleries, indicate they have 
known the Petitioner since 201 7 and praise his I I project. T-K states that "[b ]uilding upon the 
the participants transform them into a symbol of achieving significant ~----------~ personal and social goals." A-V- indicates that the project "brings together a diverse group of people 
from different communities, each unique in their mode of thought,
I I uniting a collective force in a manifestation of art's._m_1-.s-s1-·o_n_fo_r_h-um_a_n-it-y-an_d_p_e_a_c~e 
around the world." But they do not provide sufficient, specific information that would support a 
finding that the Petitioner made an original contribution of major significance in his field. Further, we 
note that the letter from A-V- is unsigned and has limited probative value. 
Submitted letters should specifically describe the Petitioner's contribution and its significance to the 
field. Here, the Petitioner's letters do not contain specific, detailed information explaining the unusual 
influence or high impact his work has had on the overall field. USCIS need not accept primarily 
conclusory statements. 1756, Inc. v. The US. Att'y Gen., 745 F. Supp. 9, 15 (D.C. Dist. 1990). 
The record reflects that the Petitioner is regarded by his colleagues as a talented artist and demonstrates 
that he has achieved some recognition by participating in gallery exhibitions and through his original 
I !project. However, the record does not establish that he has already influenced or impacted 
the field at a level consistent with original contributions of major significance. For the reasons 
7 
discussed above, considered both individually and collectively, the Petitioner has not shown that he 
has made original contributions of major significance in the field. 
Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases. 8 C.F.R. § 204.5(h)(3)(vii) 
The Petitioner submitted evidence that his work has been displayed at artistic exhibitions or 
showcases. He has therefore established that he meets this criterion. 
III. CONCLUSION 
We find that although the Petitioner satisfies the display criterion, he does not meet any additional 
criteria on appeal regarding awards, membership, published material, and original contributions. 
While he claims eligibility for one additional criterion on appeal, relating to judging at 8 C.F.R. 
§ 204.5(h)(3)(iv), we need not reach this additional ground. As the Petitioner cannot fulfill the initial 
evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3), we reserve this issue. 12 
Accordingly, we need not provide the type of final merits determination referenced in Kazarian, 596 
F.3d at 1119-20. Nevertheless, we advise that we have reviewed the record in the aggregate, 
concluding that it does not support a finding that the Petitioner has established the acclaim and 
recognition required for the classification sought. 
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields, rather than for individuals progressing toward the top. USCIS has long held 
that even athletes performing at the major league level do not automatically meet the "extraordinary 
ability" standard. Matter ofPrice, 20 l&N Dec. at 954. Here, the Petitioner has not shown that the 
significance of his work is indicative of the required sustained national or international acclaim or that 
it is consistent with a "career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. 
No. 101-723, 59 (Sept. 19, 1990); see also section 203(b )(l)(A) of the Act. Moreover, the record does 
not otherwise demonstrate that the Petitioner has garnered national or international acclaim in the field, 
and he is one of the small percentage who has risen to the very top of the field of endeavor. See section 
203(b )( 1 )(A) of the Act and 8 C.F.R. § 204.5(h)(2). 
For the reasons discussed above, the Petitioner has not demonstrated his eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
12 See INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976) (stating that, like courts, federal agencies are not generally required 
to make findings and decisions unnecessmy to the results they reach); see also Matter olL-A-C-, 26 I&N Dec. 516, 526 
n.7 (BIA 2015) (declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
8