remanded EB-1A Case: Arts

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 2, 2024 In Re: 31205065 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner 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 Texas Service Center denied the petition, concluding the Petitioner did not establish 
he satisfied at least three of the initial evidentiary criteria. The matter is now before us on appeal 
pursuant to 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 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
Section 203(b)(l)(A) of the Act makes immigrant visas available to individuals with 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, provided that the individual seeks to enter the United States to continue 
work in the area of extraordinary ability, and the individual'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 achievements in the field through a one-time achievement (that is, a 
major, internationally recognized award) or 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 
(W.D. Wash. 2011). 
Because the Petitioner has not indicated or established receipt of 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 Petitioner claimed to have satisfied six of these criteria, but the Director determined the Petitioner 
fulfilled only two: published material at 8 C.F.R. § 204.5(h)(3)(iii) and judging the work of others at 
8 C.F.R. § 204.5(h)(3)(iv). On appeal, the Petitioner maintains that he meets four additional criteria, 
relating to awards, original contributions, display, and critical role. 
Upon review of the record, we agree with the Petitioner that he satisfies the display criterion at 8 C.F.R. 
§ 204.5(h)(3)(vii). 1 The Petitioner has therefore overcome the basis for denial of the petition through 
fulfillment of three regulatory criteria. Nevertheless, granting the third initial criterion does not suffice to 
establish eligibility for classification as an individual of extraordinary ability. The Director must 
undertake a final merits determination to analyze the Petitioner's accomplishments and weigh the 
totality of the evidence to determine if they establish that he has sustained national or international 
acclaim in the field and that 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)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 
596 F.3d at 1119-20. 
Because the Petitioner has overcome the stated reason for denial, we remand this proceeding so that 
the Director can render a final merits determination. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
1 For example, the record includes documentation indicating the Petitioner has displayed his work at artistic exhibitions at 
thel land thel I 
2