dismissed EB-1A Case: Writing And Poetry

identifying data deleted to 
prevent clear! y unvl~armn ted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
LIN 07 126 52483 
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. 5 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. 
\J 
L*' Robert P. Wiemann, 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. 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. The director also found the petitioner had not 
established that she is one of that small percentage who have risen to the very top of her field of endeavor. 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
3 204.5(h)(3) and has submitted other comparable evidence of her extraordinary ability pursuant to 8 C.F.R. 
5 204.5(h)(4). 
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 ths subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics whch 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. 
Citizenship and Immigration Services (CIS) 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. 
This petition, filed on March 27,2007, seeks to classify the petitioner as an alien with extraordinary ability as 
a freelance writer and poet. The statute and regulations required the petitioner's national or international 
acclaim to be sustained. See section 203(b)(l)(A)(i) of the Act, 8 U.S.C. 5 1153(b)(l)(A)(i), and 8 C.F.R. 
Page 3 
5 204.5(h)(3). Although the petitioner has been residing in the United States since June 2001, there is no 
evidence establishing that she has sustained national acclaim as a writer or poet in this country. Further, 
while the petitioner's writings were published in Malaysia in the 1990s, there is no evidence showing that her 
acclaim in that country has been sustained. 
The regulation at 8 C.F.R. 5 204.5(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. 5 204.5(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. 5 204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted a May 21, 1995 article in New Sunday Times stating that she was one of two third 
prize recipients in the New Straits Times-Shell Short Story Competition IV. The article states: 
For the third time running since the competition began in 1989, there was no first prize winner and 
neither was there a second prize winner. The judges decided to award two third prizes instead. 
The other winner, [the petitioner], 3 1, said writing had been a passion since she was young. [The 
petitioner], who was previously a lecturer but is now a housewife, has a degree in poetry from the 
United States. 
Shell Group of Companies chairman and chief executive . . . said Shell's sponsorship of the 
competition was part of the company's many initiatives to complement the Government's efforts to 
raise the standard of English in Malaysia. 
In response to the director's request for evidence, the petitioner submitted a May 24, 1994 article announcing 
the start of the fourth New Straits Times-Shell Short Story Competition stating: 
Shell's Executive Director and Director of Corporate Affairs . . . said as the Prime Minister has been 
stressing the importance of English in all sectors of society, one of the ways "to recapture the 
Page 4 
language which was once our 'second mother tongue' is through this annual short story writing 
competition." 
He said since its inception in 1989, the competition has become "a significant calendar event that 
established and budding creative writers look forward to." 
The Group Editor of the New Straits Times . . . said: "If we are going to be a great nation, which is 
the ambition of everyone, we have to reacquire our slulls in English, written and spoken." 
He added that this will not be at the expense of Bahasa Malaysia. "We have already built it to a point 
where its status cannot be threatened. The promotion of English will not cause Bahasa Malaysia to 
decline." 
The closing date of the competition is Sept. 30. It is open to all Malaysians, resident anywhere in the 
world. 
We note that the judges refused to award a first or second prize in the competition. Further, according to the 
preceding articles, the focus of this competition was the promotion of the English language which is not 
Malaysia's official or most predominant language. We will not narrow the petitioner's field to English writers 
in Malaysia. The petitioner has not established that announcement of her third prize in a newspaper tailored to 
an English speaking minority segment of the Malaysian population is evidence of national or international 
recognition in her native country. The plain language of the regulatory criterion at 8 C.F.R. 5 204.5(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. There is no evidence showing that 
the petitioner's third prize commanded significant recognition in the literary field beyond the sponsors of the 
New Straits Times-Shell Short Story Competition. 
The petitioner submitted a letter from 
 Editorial Page News Editor, The Denver Post, stating: 
"[The petitioner] was one of 20 Denver Post readers chosen out of more than 400 applicants in a 2001 
competition for our Colorado Voices/Compass panel, a group of non-professional writers required to submit 
six columns each over the ensuing year." [Emphasis added.] There is no evidence establishing that the 
petitioner's selection for this local, non-professional panel of writers constitutes her receipt of a nationally or 
internationally recognized prize or award for excellence in the field. 
The petitioner submitted an undated certificate congratulating her as a "Poetry Slam 101 Prize Winner." In 
response to the director's request for evidence, the petitioner submitted an April 7, 2007 letter from Dr. 
, English FacultyIWriters Studio Coordinator, Arapahoe Community College, stating: 
On November 15, 2006, the Arapahoe Community College's Writers Studio sponsored a Poetry Slam 
with the Denver Poetry Slam team . . . . 
Page 5 
Our experienced category drew in local slam poets who participate in slam events on a weekly basis. 
[The petitioner], a member of the audience, participated in the experienced category. . . . An 
accomplished writer and poet, she had never participated in a slam poetry event before, but was chosen 
by an impartial group of judges as the third place winner of ths competition . . . . 
The petitioner's Arapahoe Community College's Writers Studio Poetry Slam 101 3rd Prize reflects local 
recognition rather than national or international recognition. 
The petitioner submitted electronic correspondence indicating that she was among seven finalists in the "poetry" 
category and among eight finalists in the "fiction/creative non-fiction" category in the Arapahoe Community 
College Writer's Studio 2007 Literary Contest. The petitioner also submitted a February 11, 2007 letter from 
Padma Thornlyre, Editor, Mad Blood, Evergreen, Colorado, stating that the petitioner "was a finalist for the 2nd 
Mad Blood Literary Arts Award." The plain language of the regulation at 8 C.F.R. 
 204.5@)(3)(i) requires 
evidence of the petitioner's receipt of "prizes or awards." Thus, according to the plain language of the regulation, 
being named as a finalist is simply not evidence that can serve to meet this criterion. Nevertheless, there is no 
evidence showing that the aforementioned awards are nationally or internationally recognized in the literary 
field. 
In light of the above, the petitioner has not established that she meets this criterion. 
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 orfields. 
In order to demonstrate that membership in an association meets this criterion, the 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 a February 7, 2007 letter welcoming her to membership in the Denver Woman's 
Press Club. In response to the director's request for evidence, the petitioner submitted information printed 
from the Denver Woman's Press Club internet site discussing its membership requirements. The membership 
information states: 
Here are the four requirements: 
1. You must reside in Colorado. 
Page 6 
2. You must meet professional eligibility standards. The specific standards depend on your 
area of writing specialty. 
Freelance Writers/Editors: Authordeditors of books, plays, and other longer works 
shall submit a minimum of one example professionally published, printed, or 
broadcast within the five years prior to application. WritersJeditors of other materials, 
which may include short fiction, nonfiction, nonfiction essays, and poems, shall 
submit three pieces published, printed, or broadcast by established, recognized 
periodicals or general news, trade, or academic journals or stations during the two 
years prior to the time of application. 
3. You must attend a regular club function prior to submitting a membership application. 
4. An existing club member must be your sponsor. Don't wouy if you don't currently know a 
member. We'll help you find one. 
Additional documentation from the Denver Woman's Press Club submitted by the petitioner states: 
"Applicants for membership will be considered on the professional merit of submitted material. . . . Self- 
published material will be considered on a case-by-case basis." We cannot conclude that satisfying minimum 
"professional eligibility standards" and demonstrating "professional merit" are tantamount to outstanding 
achievements. The petitioner has not established that the Denver Woman's Press Club requires outstanding 
achievements of its members, as judged by recognized national or international experts in her field. Further, 
there is no evidence establishing that the petitioner's membership in this women's organization whose 
members are restricted to Colorado residents is indicative of national or international acclaim. 
In light of the above, 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 theJield for which classiJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessaly translation. 
In general, in order for published material to meet thls 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. An alien would not 
earn acclaim at the national level from a local publication or from a publication not published in a country's 
predominant language. 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 papers.' 
I 
 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. 
The petitioner did not specifically address thls criterion. As discussed, the petitioner submitted a May 2 1, 1995 
article in New Sunday Times entitled "Winning stories brought to life at prize giving." This article was about 
the New Straits Times-Shell Short Story Competition rather than being primarily about petitioner. The plain 
language of this regulatory criterion, however, requires that the published material be "about the alien." 
Further, the author of the article was not identified as required by the plain language of this regulatory criterion. 
Finally, there is no evidence showing that the New Sunday Times qualifies as a form of "major" media.2 
In light of the above, the petitioner has not established that she meets this criterion. 
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 alliedjeld of speczjkation for which classiJication is sought. 
The regulation at 8 C.F.R. 5 204.5(h)(3) provides that "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." Evidence of the petitioner's participation as a 
judge must be evaluated in terms of these requirements. The weight given to evidence submitted to fulfill the 
criterion at 8 C.F.R. 5 204.5(h)(3)(iv), therefore, depends 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. 5 204.5(h)(2). 
The etitioner submitted a March 27, 1996 article by her in the New Straits Times entitled "I wouldn't take 
whath said seriously," but this brief piece is a rebuttal to comments made by in a 
previous article rather than a review of his work. The petitioner also submitted evidence showing that she 
wrote two book reviews for the New Straits Times published on August 19, 1998 and January 5, 2000. The 
petitioner has not submitted evidence establishing the level of acclaim associated with writing these book 
reviews or the official means by which she was selected as a reviewer. In addressing these articles, the 
director found that the record lacked evidence showing their significance and "evidence that such opinion 
pieces represent the formal judging of the work of others" as contemplated by this regulatory criterion. We 
concur with the director's finding on this issue. 
The petitioner also submitted evidence showing that she was one of several writers who participated in "an 
evening of literary readings and discussions" at an event presented by the Arapahoe Community College 
Writers Studio entitled "Writers On War: A Cultural Conversation hosted by, Denver Poet 
Laureate." There is no evidence showing that the petitioner's participation in this local event involved judgng 
the work of others in the literary field. 
In response to the director's request for evidence, the petitioner submitted information printed fiorn the New Straits 
Times internet site showing that it had circulation of 158,042 in 2006, but there is no evidence showing circulation 
statistics for the New Sunday Times in 1995. 
In this case, there is no evidence showing that the petitioner has judged the work of others in her field in a 
manner consistent with sustained national or international acclaim at the very top of her field. As such, the 
petitioner has not established that she meets this criterion. 
Evidence of the alien S original scientiJic, scholarly, aartistic, athletic, or business-related 
contributions of major signzficance in the field. 
In response to the director's request for evidence, the petitioner submitted a list of Malaysian writers printed 
from Wikipedia, an online encyclopedia, as evidence that she is "the only Malaysian woman writing political 
poetry." With regard to the information from Wikipedia, there are no assurances about the reliability of the 
content from this open, user-edited internet site.3 See Lamilem Badasa v. Michael Mukasey, No. 07-2276 (8~ 
Cir. August 29, 2008). As such, we will not assign weight to information for which Wikipedia is the only 
cited source. Nevertheless, there is no evidence showing that being "the only Malaysian woman writing 
political poetry" is a contribution of major significance in the field or is otherwise indicative of sustained 
national or international acclaim. 
The petitioner's response also included an April 13,2007 letter from her stating: 
In May 2002, [New Internationalist] published [the petitioner's] poems under the heading "Loving 
My Land, Dying Inside." . . . These poems directly pointed out the atrocities and wrongdoings of the 
Malaysia Prime Minister, Dr. Mahathir. 
It is [the petitioner's] belief that her work contributed to the resignation of Dr. Mahathir and 
consequently had an enormous effect on the political makeup and climate of her home country. 
There is no evidence attributing the resignation of the Malaysian Prime Minister to the petitioner's poems. 
Going on record without supporting documentary evidence is not sufficient for purposes of meeting the 
burden of proof in these proceedings. Matter of Sofjci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter 
of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
3 
 Online content from Wikipedia is subject to the following general disclaimer: 
Wikipedia is an online open-content collaborative encyclopedia, that is, a voluntary association of individuals 
and groups working to develop a common resource of human knowledge. The structure of the project allows 
anyone with an Internet connection to alter its content. Please be advised that nothing found here has 
necessarily been reviewed by people with the expertise required to provide you with complete, accurate or 
reliable information. . . . Wikipedia cannot guarantee the validity of the information found here. The content of 
any given article may recently have been changed, vandalized or altered by someone whose opinion does not 
correspond with the state of knowledge in the relevant fields. 
See h~-;~~~1~,~~1~ip~c_~1.~i.r_l..11.1'~~y.i~~~~~..i~~.ip~ijig~~~~~~~e~'~~.l,-d1~~c!_.~m~~, accessed on October 7, 2008. 
The petitioner also submitted several letters of recommendation discussing her work and talent as a writer. 
Professor of Sociology, Director of the International Center, and Associate Vice 
Provost for International Programs at the University of Missouri-Columbia, states: 
I have known [the petitioner] since the early 1980s when she attended the University of Missouri, 
Columbia. She enrolled in my undergraduate sociology class in Social Organizations and Institutions 
in the fall semester of 1983. I knew that she needed a different kind of educational experience than 
the structured requirements she would encounter at UMC; she needed the freedom to range broadly 
across intellectual boundaries, discover her talents and develop a way to express her insights. I 
recommended that she apply for Hampshire College, and she enrolled there in the fall of 1985. She 
completed her B.A degree at Hampshire in 1987. [The petitioner] and I have maintained contact since 
then. 
The major themes of her current political poetry and essays - democracy, women's rights and roles, 
religious tolerance, artistic freedom, the conflicting cultural identities of the immigrant - were evident 
in those extended conversations we had back in 1983. [The petitioner] has brilliantly sorted out the 
themes that reflect her complex upbringing: a Muslim-Tamil in a Malay dominated society; a 
daughter of Sri Lankan immigrants; a young woman of privilege and slulls, but with few realistic 
career opportunities; highly educated yet 'over'-educated in the eyes of her parents; an obedient 
daughter with a rebellious intellect; a multi-lingual, Western-oriented young writer; and a Muslim 
convert to Chstianity. These conflicting identities, I believe, have uniquely prepared her to write the 
searing political poetry that she now does so insightfully. 
[The petitioner] is an exceptionally talented writer. She has established an important niche for herself 
as a political poet who has made the difficult transition from poet-in-exile to poet-in-residence in the 
U.S., and embraced her new identity. Her poetry has been showcased in many different venues. 
Several of her poems appeared in The New Internationalist (2002), and she has written more than a 
dozen columns in the Denver Post Op-Ed Compass Columns. Her work has been presented and/or 
published in numerous other locations. 
asserts that the petitioner is a talented writer, but there is no supporting evidence showing that 
her literary works were original artistic contributions of major significance in the field. 
Professor of English and Director of Creative Writing, University of Missouri-Columbia, 
states: 
My own experience, both as a teacher and practitioner of poetry and creative nonfiction, affords me a 
keen sense of how promising [the petitioner's] work truly is. 
What is unique (and highly attractive) about [the petitioner's] accomplishment is that she manifests 
both an acute insight into a range of political dimensions - the plights of Chnstians, women, and 
other minorities in Islamic nations - and an unusually high level of multilingual artistry. . . . At a 
time when America's image abroad is under so much critical scrutiny, when our actions abroad are so 
universally mistrusted and misunderstood, [the petitioner] is poised to offer - in works published both 
here and abroad - a compelling and ongoing apologia for her adopted nation. She is precisely the sort 
of advocate that may better inform a skeptical world community about America's essentially 
democratic purposes. 
states that the petitioner's poetry and creative nonfiction work is "promising," but such a 
description does not establish she is one of that small percentage who has already risen to the very top of the 
field of endeavor. See 8 C.F.R. 8 204.5(h)(2). A petitioner cannot file a petition under this classification 
based on the expectation of future eligibility. See Matter of Katigbak, 14 I&N Dec. 45,49 (Comrnr. 1971). 
, Professor Emeritus of Political Science at the University of Missouri-Columbia, states: 
We met in the fall of 1984 when [the petitioner] was an undergraduate at the University of Missouri in 
Columbia. 
[The petitioner's] education and experiences in America profoundly influenced her moral and social 
values and heightened her awareness of Malaysian governmental policies that discriminate against 
non-Muslims and that limit freedom of speech for all citizens. Following her return to Malaysia, she 
became increasingly aware of corruption in the society and limits on religious freedom. 
Writing as a poet in America, where her husband works for an American company, [the petitioner] 
has spoken out against what she perceives as injustices in Malaysian society such as discrimination 
against non-Muslims, corruption in government, and injustices in the judicial system. These are all 
very legitimate concerns which many Malaysian feel, but which very few of them openly complain 
about for fear of government reprisals. 
who taught composition and creative writing at Red Rocks Community College until his 
retirement in 200 1, states: 
My acquaintance with [the petitioner] goes back ten years. In this time I have discovered a person of 
wide-ranging talent, great charm, and unflagging persistence. Throughout her work, and in all genres, 
[the petitioner] has passionately committed herself to the creation of a bridge between the Malaysian 
and American cultures. Indeed, [the petitioner's] commitment is already opening a pathway to 
freedom from the repressive policies of the Malaysian government, which seeks to stifle criticism and 
impose a form of ethnic purity on its multiracial populous. 
But it was as a poet that [the petitioner] first caught my attention, She is a tiny, sparkly woman. When 
she reads before an audience - and she reads brilliantly - her brisk, English accented delivery, 
musical and upbeat, seems at odds with arduous realities that often become her subject. Rhymes pop 
up here and there, some quite flunny, skewering the hypocrisy she has struggled against all of her 
adult life. Inserting words and phrases in Tamil and Bahasa Malaysia, the national language of 
Malaysia, gives her poems authenticity. And throughout, we marvel at the kaleidoscopic eruption of 
images; of rituals, costumes, faces; of perfumes, fruits, and songs modulated by allusions to or from 
her impressive breadth of scholarship. A rich experience for anyone lucky enough to be in attendance. 
As an ESL [English as a Second Language] instructor at Denver Community College, I have the 
opportunity to meet many people from foreign countries. A large number of these students, like [the 
petitioner], have fled oppressive governments, but none have the talent and command of the language 
to write as passionately and lucidly as she does. Her work speaks to the difficult issues confronting so 
many of those trapped by political, religious, and racial tyranny. Perhaps her most courageous writing 
is that which decries the subordination of women. Her work has appeared in both American and 
Malaysian journals, as she continues to speak out for Malaysian liberty and constitutional reform. 
In summary, [the petitioner] is an alien of extraordinary ability in the field of political poetry and 
creative writing. Since coming to America, she has demonstrated not only her exceptional talents in 
these areas, but also her tireless effort to use them on behalf of the men and women in her country and 
other nations who suffer from tyranny. 
of Indian Hills, Colorado states that he is "a professional writer of poetry, fiction, essays 
and journalism and as a university instructor who teaches both undergraduate and graduate level courses in 
literature and writing." He further states: 
[The petitioner] is a multilingual writer of poetry and prose who has published internationally, and I 
have been impressed by both her creativity and her commitment to moral and political clarity. 
I should add that that [the petitioner's] writing offers a good deal more than political opinion. Her 
poetry and fiction addresses the difficult situation of people who must live between cultures - or 
perhaps in two cultures at the same time. It is through the work of writers like [the petitioner] that 
Americans may come to a richer understanding of the issues faced by members of other cultures, 
something that in my view is crucial to our ability to make informed decisions as citizens in an era of 
globalization. 
[The petitioner] currently resides in the Denver area, and because I am presently Denver's Poet 
Laureate, I have had occasion to meet her and read some of her poetry, as well as her editorial 
writing. Here is a person who moves gracefully from the high art of poetry to the reasoned and 
courageous rhetoric of the editorial, displaying an exceptional sense of language as she crosses from 
the personal to the spiritual to the political. She is multilingual, itself a remarkable thing, and she 
displays great courage in writing with fierce honesty and deep compassion. She bravely speaks of her 
desire for her own fi-eedom, and also for the freedom of all people. There is no more American 
sentiment than this, and [the petitioner's] willingness to speak so passionately and publicly indeed 
marks her as extraordinary. 
I have been teaching poetry and creative writing for twenty years, for adults and young people as an 
artist in residence in the California Poet in the Schools program, and as mentor and specialist in the 
public schools in Colorado. 
I was the founder and editor of Buffalo Bones, a national poetry anthology. I continue to teach, judge 
poetry contests, mentor, give workshops, and talks. My target audience is basically women at this 
time. I am especially interested in the plight of women in underdeveloped countries or in those areas 
where women are especially repressed. 
It is through my interest and commitment to women's causes - locally, nationally, and 
internationally, and my devotion to poetry, that I met [the petitioner]. We share a great deal in 
common. We agree on many political and religious ideas, and clearly share a deep spiritual outlook. 
Her poetry reflects her intention to raise the conscience of men and women alike. She has an 
important message and a strong voice for spiritual and political leaders. Through her publicized 
writing in the Denver Post and other newspapers in the region, she has touched many hearts and 
raised the awareness of countless people. Her public persona is gracious, sincere, straight forward and 
powerful. 
She has astounded many other writers with first-hand information, strong images, clarity, and 
enlightenment about AsianIMalaysian women. [The petitioner] stands for women's rights, racial 
equality, democracy, religious liberty, women's potential and their contribution to the future. People 
listen to [the petitioner]. 
, Professor of Modem History, Colorado Christian University (CCU), states: 
Several times I have invited [the petitioner] to our campus were she has spoken to students on life in a 
Muslim country and the political situation in her country of origin. She has also spoken to literature 
students here at CCU. 
Page 13 
[The petitioner] is a very talented writer, who promotes human rights in her work, especially the 
rights of minorities and women. In fact, she is the only Malaysian woman I know, who is a prominent 
dissident of Malaysian politics and religion. I fear that if she ever had to return to her country of 
origin, that her life would be in danger due to the nature of her literary work. Due to her extraordinary 
talent in political poetry and creative writing, I believe [the petitioner] possesses an experience which 
is found only among very few (if any) others. It would be a loss to the rich diversity of our country, 
were she forced to leave us. 
[The petitioner] is an accomplished, published writer. As a professional she addresses her work daily 
in her home office in the same way an employee for a company approaches his or her duties. Her 
consultation and advice is sought by other writers. She is frequently invited to participate in 
workshops and presentations at colleges and before writers' groups in the Denver metro area. Her 
work has been published frequently in the Denver Post. Her op-ed articles in the Post have 
contributed to educating readers about Islam, Malaysia and the threat of terrorism. 
of the State of Colorado House of Representatives states: 
I first came to know [the petitioner] . . . through her Compass columns in the Denver Post. Writing 
from the perspective of a MalaysianlTamil Christian woman, she provides a unique voice to issues of 
religious and political freedom. Many people write on those subjects, but [the petitioner's] 
perspective is absolutely unique and incredibly valuable. 
The preceding letters of recommendation indicate that the petitioner has earned the admiration of the faculty 
at her educational institutions and gained some attention in the Colorado area where she now resides, but 
there is no evidence showing that she has made original contributions of major significance in the literary 
field. 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 letters of recommendation discuss the petitioner's talent as a 
writer and her support for freedom and human rights, they include no substantive discussion specifying which 
of the petitioner's literary works have had major significance in the field. With regard to the impact of the 
petitioner's work, the record does not indicate the extent of the petitioner's influence on other writers 
nationally or internationally, nor does it show that the field has somehow changed as a result of her work. 
In this case, the letters of recommendation submitted by the petitioner are not sufficient to meet this criterion. 
These letters, while not without weight, cannot form the cornerstone of a successful extraordinary ability 
claim. CIS may, in its discretion, use as advisory opinion statements submitted as expert testimony. See 
Matter of Caron International, 19 I&N Dec. 791, 795 (Comrnr. 1988). 
 However, CIS 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 personal contacts is not presumptive evidence of 
eligibility; CIS 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 or poet who has sustained 
national or international acclaim. Without extensive documentation showing that the petitioner's published 
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 alien's authorship of scholarly articles in thejeld, in professional or major trade 
publications or other major media. 
The petitioner did not specifically address this criterion. The petitioner submitted evidence of her poetry, 
political opinion columns, and book reviews. For example, four of the petitioner's poems were published in 
the May 2002 issue of New Internationalist and she wrote reader opinion columns for the Denver Post in 
2002. There is no showing that the petitioner's works constituted "scholarly articles in the field or that they 
were published in professional or major trade publications or some other form of major media. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of the display of the alien's work in thefield at artistic exhibitions or showcases. 
The director found that the petitioner's published work is not relevant to this criterion. We concur with the 
director's finding. The plain language of this regulatory criterion indicates that it applies to visual artists 
(such as sculptors and painters) rather than to writers such as the petitioner. The ten criteria in the regulations 
are designed to cover different areas; not every criterion will apply to every occupation. 
On appeal, counsel argues that the petitioner meets this criterion through her third prize in New Straits Times- 
Shell Short Story Competition, her selection as one of 20 Denver Post readers chosen for the newspaper's 
Colorado Voices/Compass panel, her participation in the Mad Blood Literary Arts Contest, her thlrd prize in 
Arapahoe Community College's Writers Studio Poetry Slam 101 contest, and her participation in the "Writers 
On War" event at the Arapahoe Community College. The preceding evidence has already been addressed under 
the regulatory criteria at 8 C.F.R. $5 204.5(h)(3)(i) and (iv). Here it should be emphasized that the regulatory 
criteria are separate and distinct from one another. Because separate criteria exist for prizes, judging the work 
of others, and display of one's work at artistic exhibition or showcases, CIS clearly does not view these 
criteria as being interchangeable. If evidence sufficient to meet one criterion mandated a finding that an alien 
met another criterion, the requirement that an alien meet at least three criteria would be meaningless. 
Nevertheless, the petitioner has not established that the evidence she requests consideration of under this 
criterion is consistent with sustained national or international acclaim at the very top of her field. For 
example, the petitioner's participation in competitions and speaking engagements at Arapahoe Community 
College is indicative of local recognition rather than national or international acclaim. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence that the alien has pe$ormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The director found that the petitioner's temporary role as an opinion columnist for the Denver Post could not 
serve to meet this criterion. For example, there is no evidence differentiating the petitioner's role from the 19 
other readers chosen for the Colorado Voices/Compass readers panel, let alone the full-time staff employed 
by the Denver Post. Counsel does not challenge the director's finding on appeal and we concur with the 
director that the petitioner has not established that she meets this criterion. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence that the alien has commanded a high salary or other signiJicantly high remuneration 
for services, in relation to others in the$eld. 
On appeal, the petitioner submits a May 2,2007 agreement executed between her and Finishing Line Press to 
publish a work entitled Please, God, Don 't Let Me Write Like A Woman. According to items 9 and 10 of the 
agreement, the petitioner is not to be paid any royalties for her work. Nevertheless, the petitioner executed ths 
agreement subsequent to the petition's filing date. A petitioner, however, must establish eligibility at the time 
of filing. 8 C.F.R. $8 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. at 49. Accordingly, the AAO will 
not consider this agreement in this proceeding. In this case, there is no evidence showing that the petitioner's 
compensation was significantly high in relation to others in her field. 
In light of the above, the petitioner has not established that she meets this criterion. 
In this case, the petitioner has failed to demonstrate her receipt of a major, internationally recognized award, 
or that she meets at least three of the criteria at 8 C.F.R. $ 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. $ 204.5(h)(2). Further, there is no 
evidence showing that the petitioner's national or international acclaim as a writer or poet has been sustained. 
See section 203(b)(l)(A)(i) of the Act, 8 U.S.C. § 1 153(b)(l)(A)(i), and 8 C.F.R. $ 204.5(h)(3). Specifically, 
the record includes no evidence of nationally or internationally acclaimed achievements and recognition 
subsequent to her arrival in the United States in June 200 1. 
On appeal, counsel argues that the letters of support submitted by the petitioner are comparable evidence of 
her extraordinary ability pursuant to C.F.R. $ 204.5(h)(4). This evidence has already been addressed under 
the regulatory criterion at 8 C.F.R. 
 204.5(h)(3)(v). 
 Further, there is no evidence showing that the 
documentation the petitioner requests re-evaluation of as comparable evidence constitutes achievements and 
recognition consistent with sustained national or international acclaim at the very top of her field. While 
recommendation letters can provide useful information about an alien's qualifications or help in assigning weight 
to certain evidence, such letters are not a substitute for objective evidence of the alien's achievements and 
recognition as required by the statute and regulations. The nonexistence of required evidence creates a 
presumption of ineligbility. 8 C.F.R. $ 103.2(b)(2)(i). Further, the classification sought requires "extensive 
documentation" of sustained national or international acclaim. 
 See section 203(b)(l)(A)(i) of the Act, 
Page 16 
8 U.S.C. 5 1 153(b)(l)(A)(i), and 8 C.F.R. 4 204.5(h)(3). 
 The commentary for the proposed regulations 
implementing the statute provide that the "intent of Congress that a very high standard be set for aliens of 
extraordinary ability is reflected in this regulation by requiring the petitioner to present more extensive 
documentation than that required" for lesser classifications. 56 Fed. Reg. 30703, 30704 (July 5, 1991). Primary 
evidence of achievements and recognition is of far greater probative value than the opinions of one's personal 
acquaintances. 
Nevertheless, the regulation at 8 C.F.R. 5 204.5(h)(4) allows for the submission of "comparable evidence" 
only if the ten criteria "do not readily apply to the beneficiary's occupation." The regulatory language 
precludes the consideration of comparable evidence in this case, as there is no indication that eligibility for 
visa preference in the petitioner's occupation cannot be established by the ten criteria specified by the 
regulation at 8 C.F.R. 5 204.5(h)(3). Where an alien is simply unable to meet three of these criteria, the plain 
language of the regulation at 8 C.F.R. 204.5(h)(4) does not allow for the submission of comparable 
evidence. 
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 eligbility 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.