dismissed EB-1A Case: Writing

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of IIomeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: AUG 0 5 2009 
LIN 07 157 50149 
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. fj 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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. fj 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. fj 103.5(a)(l)(i). 
1 d'j(fldi,\d~.- 
/' ihn F. Grissom 
1(-1cting Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: 
 The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) 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 necessary to qualify for classification as an alien of 
extraordinary ability. More specifically, the director found that the petitioner had failed to demonstrate 
receipt of a major, internationally recognized award, or that she meets at least three of the regulatory 
criteria at 8 C.F.R. 5 204.5(h)(3). 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
5 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(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. 
U.S. Citizenship and Immigration Services (USCIS) 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 international 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 
she has sustained national or international acclaim at the very top level. 
Page 3 
This petition, filed on May 4, 2007, seeks to classify the petitioner as an alien with extraordinary 
ability as a writer. The regulation at 8 C.F.R. fj 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. $ 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. fj 204.5(h)(2). The petitioner has submitted evidence pertaining to the 
following criteria under 8 C.F.R. 4 204.5(h)(3).' 
Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in theJield of endeavor. 
The petitioner submitted a Presidential Citation (2003) from the Rotary Club of Las Pifias - Carnino 
Real, District 3830, in recognition of her authorship of a comic book "for Philippine distribution to 
at-risk youth as part of the Rotary Club's Nationwide Anti-Drug Campaign." In response to the 
director's request for evidence, the petitioner submitted a notarized document from the Rotary Club 
of Las Pifias - Camino Real, District 3830, stating that the "Presidential Citation is awarded to those 
outstanding members who have exhibited excellence in their field of endeavor and have who have 
[sic] made a significant contribution in the community in alignment with Rotary's core values." 
[Emphasis added.] The director's decision stated that the record lacked "objective documentary 
evidence to establish the actual stature and prestige of the award." We concur with the director's 
finding that the petitioner has not established that her Presidential Citation is tantamount to a 
nationally or internationally recognized prize or award for excellence in the field. We cannot ignore 
that the issuing entity was local rather than national or international. For example, the citation bears 
the sub-heading "Rotary Club of Las Pifias - Camino Real, District 3830." Further, the information 
about the award indicates that its recipients are club members. Local or regional recognition does 
not meet the plain language of this regulatory criterion. The plain language of the regulatory 
criterion at 8 C.F.R. fj 204.5(h)(3)(i) specifically requires that the petitioner's awards be nationally or 
internationally recognized in the field of endeavor and it is her burden to establish every element of 
this criterion. In this case, there is no evidence showing that petitioner's Rotary Club citation had a 
significant level of recognition beyond the presenting organization. 
In light of the above, the petitioner has not established that she meets this criterion. 
' The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. 
Page 4 
Documentation of the alien's membership in associations in the field for which 
classzjication is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or$elds. 
In order to demonstrate that membership in an association meets this criterion, a petitioner must 
show that the association requires outstanding achievement as an essential condition for admission to 
membership. Membership requirements based on employment or activity in a given field, minimum 
education or experience, standardized test scores, grade point average, recommendations by 
colleagues or current members, or payment of dues, do not satisfy this criterion as such requirements 
do not constitute outstanding achievements. Further, the overall prestige of a given association is 
not determinative; the issue here is membership requirements rather than the association's overall 
reputation. 
The petitioner submitted evidence of her membership in the Rotary Club of Las Pifias - Camino 
Real, District 3830. The petitioner also submitted evidence of her membership in the Poetry Society 
of America and the Asian American Writers' Workshop. In response to the director's request for 
evidence, the petitioner submitted general information about the latter organizations from their 
internet sites, but there is no evidence (such as membership bylaws) showing their admission 
requirements. 
In this case, there is no evidence showing that the Rotary Club, Poetry Society of America, and the 
Asian American Writers' Workshop require outstanding achievements of their members, as judged 
by recognized national or international experts in the petitioner's field or an allied one. Accordingly, 
we concur with the director's finding that the petitioner has not established that she 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 thejeld for which classzfication 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 this 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. Some newspapers, such as the New York Times, nominally serve a particular locality but 
would qualify as major media because of significant national distribution, unlike small local community 
2 
papers. 
The petitioner submitted articles about her in Newstar Philippines, Philippine News, fie Filipino 
Express, and Pinoy Chronicle Entertainment Plus. In response to the director's request for evidence, 
2 
 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. 
Page 5 
the petitioner submitted information from the internet site of Philippine News stating that it is "a niche 
publication" focused on the "Filipino American Community," but there is no information specifjmg the 
newspaper's actual circulation. The petitioner also submitted promotional material for fie Filipino 
Express stating that its readership base "is primarily in the New York and New Jersey area" and that its 
"total circulation" in 2005 was 32,950. The petitioner's response also included a letter from the 
publisher of Newstar Philippines stating: "Newstar Philippines is a weekly newspaper which covers 
most of the East Coast and neighboring cities in the United States. With a distribution size of 
approximately 10,000 copies per week, Newstar Philippines aims to keep Filipino-Americans well- 
informed, enlightened, and entertained." The self-serving nature of the preceding material is not 
sufficient to demonstrate that the aforementioned newspapers qualify as forms of major media. The 
director's decision stated that the preceding newspapers had "limited circulation" and, therefore, were 
not "commensurate with major media." We concur with the director's findings. In this case, the record 
lacks evidence such as objective circulation information from an independent source showing the 
distribution of the publications relative to other national media to demonstrate that the submitted articles 
were published in major media. Accordingly, the petitioner has not established that she meets this 
criterion. 
Evidence of the alien 's original scientljc, scholarly, artistic, athletic, or business- 
related contributions of major signljcance in thejeld. 
We acknowledge the petitioner's submission of several recommendation letters praising her talent as 
a writer and discussing her activities in the field. We cite representative examples here. Talent and 
employment in one's field, however, are not necessarily indicative of original artistic contributions 
of major significance. The record lacks evidence showing that the petitioner has made original 
artistic or business-related contributions that have significantly influenced or impacted her field. 
Creative Director, Ad Creator Marketing & Communications, Quezon City, 
Philippines, states: 
We have had the privilege to have [the petitioner] as our major freelance copywriter for the past 
six years. 
During her tenure at Ad Creator Marketing and Communications, [the petitioner] has shown a 
high degree of creativity and professionalism in her work. 
 Her duties often call for the 
development of advertising copy for our clientele. Her writing outputs have proven time and 
again to exhibit a high degree of ingenuity and style and form. Her work exudes a creative 
artistic style that never fails to align with the client's marketing and communication philosophy. 
Web Consultant, Web Focus Solutions, Inc., Pasig City, Philippines, states: 
This certifies that we have regularly employed the services of [the petitioner] as a writer for our 
websites. [The petitioner] has shown excellence and artistic creativity in her work, and 
manifests our corporate philosophy of "going the extra mile." She has done writing work for 
our distinguished clientele . . . . 
Page 6 
Proprietor, 3" Generation Video Production, Quezon City, Philippines, states: 
This certifies that we regularly employe [sic] the services of [the petitioner] as writer for our 
AVPs [Audio Visual Presentations] and related services. 
[The petitioner] has given us quality and excellence in her work. She has worked for us in 
several projects for the Internal AVPs of Philip Moms International Philippines. 
, actress for ABC Daytime's One Life to Live, states: 
[The petitioner] brings a refreshing one-world sensibility to the American entertainment 
milieu. I value her creative approach to plot development and character study and her 
sophisticated sense of cutting edge theatre. We are currently working on several one act 
plays as starring vehicles for me at the Ensemble Studio Theatre, of which I am on the Board 
of Directors. We are also in the process of developing TV pilots for the international market. 
She is a creative wellspring with a unique perspective and a joyful collaborative team spirit. 
In short, I love working with her and feel she belongs where she can add her voice to the 
American entertainment world. 
, Senior Creative Advisor, MTV Networks, states: "In my opinion, [the petitioner's] 
innovative and exuberant poetry, her unique vision as a Philippine woman who bravely explores the 
world inside and outside herself, has made and will continue to make a rare and valuable 
contribution to our nation's creative treasure." 
[The petitioner] is the editor and writer for Philippine Fiesta, Inc., producer of The Philippine 
Fiesta in America. [The petitioner] is accountable for writing, reviewing, editing, and 
approval of all communication material1 press releases . . . . 
We consider [the petitioner] as exceptional in the field of writing. Her work has strongly 
contributed to success of Philippine Fiesta. She is truly an invaluable part of the Filipino 
community in the United States who has achieved excellence in the writing. 
In addressing the petitioner's evidence for this criterion, the director's decision stated that the 
reference letters attested "to the petitioner's creativity, professionalism, and unique vision as well as 
her ingenuity and style of writing," but concluded that the record lacked "objective documentary 
evidence that the petitioner has made . . . original contributions of major significance to the field." 
We concur with the director's finding. In the fields of literature, advertising, public relations, and 
entertainment, it is not enough to be talented and to have others attest to that talent. An alien must 
have demonstrably impacted the field in order to meet this regulatory criterion. According to the 
regulation at 8 C.F.R. $204.5(h)(3)(v), an alien's contributions must be not only original but of 
major significance. We must presume that the phrase "major significance" is not superfluous and, 
thus, that it has some meaning. While the petitioner has earned the admiration of her employers and 
colleagues, there is no evidence establishing that specific work attributable to her is tantamount to 
original contributions of major significance in the field. For example, the record does not indicate 
the extent of the petitioner's influence on other writers nationally or internationally, nor does it show 
that the literary field has somehow changed as a result of her work. 
In this case, the recommendation letters submitted by the petitioner are not sufficient to meet this 
regulatory criterion. USCIS may, in its discretion, use as advisory opinion statements submitted as 
expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Commr. 1988). 
However, USCIS is ultimately responsible for making the final determination regarding an alien's 
eligibility for the benefit sought. Id. The submission of letters of support from the petitioner's 
professional contacts is not presumptive evidence of eligibility; USCIS may evaluate the content of 
those letters as to whether they support the alien's eligibility. See id. at 795. Thus, the content of the 
writers' statements and how they became aware of the petitioner's reputation are important 
considerations. Even when written by independent experts, letters solicited by an alien in support of 
an immigration petition are of less weight than preexisting, independent evidence of original 
contributions of major significance that one would expect of a writer who has sustained national or 
international acclaim at the very top of the field. Without extensive documentation showing that the 
petitioner's work has been unusually influential, highly acclaimed throughout her field, or has 
otherwise risen to the level of original contributions of major significance, we cannot conclude that 
she meets this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases. 
The petitioner submitted the following: 
1. Cover and excerpts from the petitioner's book of poetry entitled Foot Prints of a 
Dreamer; 
2. Promotional flyer for petitioner's book launch and signing of Foot Prints of a Dreamer at 
47 Great Jones Street in New York; 
3. Photographic abstract for the movie Ompong en E-Tok identifying the petitioner as writer 
of the scree- 
4. Letter from 
 of Ad Creator Marketing & Communications stating that 
the petitioner served as the company's freelance copywriter for six years; 
5. Letter from 
 of Web Focus Solutions, Inc. stating that hs company has 
- - 
regularly em lo ed the services of the petitioner as a writer for its websites; and 
6. Letter from 
 of 3rd Generation Video Production stating that his company 
has employed the services of the petitioner as a "writer for its AVPs and related services." 
The letter was accompanied by timing sheets and corresponding video images for five 
presentations written by the petitioner for productions made by Philip Moms International. 
In addressing the petitioner's evidence for this criterion, the director's decision stated: 
As evidence in support of this criterion, the petitioner references testimonial letters, a copy of 
a book cover, information regarding a book launchinglsigning, and a photo abstract of the 
movie OMPONGS [sic]. While this evidence demonstrates that the petitioner has been 
active in the field, it does not constitute a display at an artistic exhibition or showcase within 
the context of the criterion. Merely being engaged in the field is not sufficient to meet this 
criterion. Not every production, event, performance, etc. can be considered an exhibition or 
showcase such that it is indicative or consistent with national or international acclaim. 
We concur with the director's findings. There is no evidence showing that the material referenced in 
items 1 through 6 above is consistent with sustained national or international acclaim at the very top 
of her field. The mere fact that a book is written is not evidence that the work itself has been 
artistically exhibited or showcased. The record contains no evidence to show, for instance, that the 
petitioner's poetry book had substantial readership, that 47 Great Jones Street in New York is a 
distinguished literary venue, or that the book was otherwise circulated in such a way as to be 
considered exhibited or showcased and in a manner consistent with sustained national or intemational 
acclaim. Regarding item 3, there is no evidence, for instance, showing the venues where the movie 
was displayed, an approximate number of viewers, or any critical acclaim or favorable press reviews 
associated with the movie Ompong en E-Tok. In regard to items 4,5, and 6, we cannot conclude that 
the petitioner's ability to secure employment as a writer equates to having her work shown at 
exclusive artistic showcases or exhibitions. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
At issue for ths criterion are the position the petitioner was selected to fill and the reputation of the 
entity that selected her. In other words, the position must be of such significance that the alien's 
selection to fill the position, in and of itself, is indicative of or consistent with national or international 
acclaim. 
As previously discussed, the petitioner submitted letters from f Ad Creator 
Marketing & Communications stating that the petitioner served as the company's freelance copywriter 
for six years, of Web Focus Solutions, Inc. stating that his company has regularly 
employed the services of the petitioner as a writer for its websites, of 3" Generation 
Video Production stating that his com an has em lo ed the services of the petitioner as a "writer for 
its AVPs and related services," and -of Philippine Fiesta, Inc. stating that the 
petitioner works for his company as a writer and an editor. There is no evidence establishng that the 
preceding companies have distinguished reputations or that the petitioner's role for them on a project- 
by-project basis was leading or critical. 
In response to the director's request for evidence, the petitioner submitted a letter from-~ 
creative Manager, ABS-CBN Broadcasting corporation, Quezon City, Philippines, stating that the 
petitioner "held the position as screenwriter" under his unit. letter indicates that "there were 
ten incumbents in [the petitioner's] scriptwriting team" and then lists the duties and responsibilities of 
her position. The petitioner's evidence does not demonstrate how her role differentiated her from the 
nine other screenwriters on her scripting writing team or the Creative Manager, let alone ABS-CBN 
Broadcasting Corporation's other employees, managerial staff, and corporate executives. 
The petitioner also submitted a letter from president, Rotary Club of Las Piiias - 
Camino Real, District 3830, stating that the petitioner's position of "Project Creative Head" for the 
club involved translating English materials into Filipino, conceptualizing visual media projects, and 
assisting in the preparation of write-ups and speeches. We acknowledge that Rotary International has a 
distinguished reputation, but there is no evidence showing that the Rotary Club of Las Piiias - Camino 
Real, District 3830, has a distinguished reputation. Further, the petitioner's evidence does not 
demonstrate how her role differentiated her from the other club volunteers, let alone the district officers 
such as the president and secretary. 
While the petitioner may have performed admirably on the projects to which she was assigned, the 
documentation submitted by her does not establish that she 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. Accordingly, the petitioner has not 
established that she meets this criterion. 
In this case, we concur with the director's finding that the petitioner has failed to demonstrate her 
receipt of a major internationally recognized award, or that she meets at least three of the criteria that 
must be satisfied to establish the national or international acclaim necessary to qualify as an alien of 
extraordinary ability. 8 C.F.R. 5 204.5(h)(3). The conclusion we reach by considering the evidence 
to meet each criterion separately is consistent with a review of the evidence in the aggregate. Even 
in the aggregate, the evidence does not distinguish the petitioner as one of the small percentage who 
has risen to the very top of the field of endeavor. 8 C.F.R. 5 204.5(h)(2). 
Review of the record does not establish that the petitioner has distinguished herself to such an extent 
that she may be said to have achieved sustained national or international acclaim or to be within the 
small percentage at the very top of her field. The evidence is not persuasive that the petitioner's 
achievements set her significantly above almost all others in her field at a 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. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will 
be dismissed. 
ORDER: The appeal is dismissed.