remanded EB-1A Case: Television Production

U.S. Citizenship 
and Immigration 
Services 
In Re : 23373016 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 13, 2023 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a producer and television host , seeks classification as an individual of extraordinary 
ability. Immigration and Nationality Act (the Act) section 203(b )(1 )(A), 8 U.S.C. § 1153(b )(1 )(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 that the record did not 
establish that the Petitioner met the initial evidence requirements for the classification by establishing 
the Petitioner 's receipt of a major, internationally recognized award , or by meeting 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 l&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 withdraw the Director ' s deci sion and remand the matter for entry of a new decision consistent 
with the following analysis. 
I. LAW 
An individual is eligible for the extraordinary ability classification if they have extraordinary ability 
in the sciences , arts, education , business , or athletics which has been demonstrated by sustained 
national or international acclaim and their achievements have been recognized in the field through 
extensive documentation; they seek to enter the United States to continue work in the area of 
extraordinary ability ; and their entry into the United States will substantially benefit prospectively the 
United States. Section 203(b )(1 )(A) of the Act. 
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 may demonstrate 
international recognition of their achievements in the field through a one-time achievement (that is, a 
major , internationally recognized award). Absent such an achievement , a petitioner must provide 
sufficient qualifying documentation demonstrating that they meet at least three of the ten criteria listed 
at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
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). 
II. ANALYSIS 
The Petitioner currently serves as a spokesperson and brand ambassador for thel 
I I a philanthropy based inl I Rhode Island. The record includes documentation 
to demonstrate the Petitioner's role as an advocate for the foundation's philanthropic work in Latin 
and South America and within Hispanic communities in the United States. The Petitioner intends to 
continue furthering the mission of the foundation through her work as a spokesperson and ambassador, 
as the producer and host of a children's television show, and as a producer of films and documentaries 
focused on human interest stories and humanitarian relief efforts. 
Because the Petitioner has not indicated or shown that she received a major, internationally recognized 
award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)­
(x). The Director determined that the Petitioner met two of the regulatory criteria by demonstrating 
the existence of published material about her work in major media and by providing evidence of her 
participation as a judge of the work of others in her field of expertise. 1 On appeal, the Petitioner asserts 
that she meets criteria at 8 C.F.R. § 204.5(h)(3)(vii), (viii), (ix), and (x). The Petitioner states that the 
Director did not provide a full analysis of the evidence submitted or consider certain evidence. As 
more fully discussed below, we conclude that the Petitioner has satisfied the criterion at 8 C.F.R. § 
204.5(h)(3)(viii). Because the Petitioner has shown that she satisfies at least three criteria, we will 
remand the matter to the Director to evaluate the totality of the evidence in the context of a final merits 
determination to determine whether the Petitioner has demonstrated her sustained national or 
international acclaim, her status as one of the small percentage at the very top of her field of endeavor, 
and that her achievements have been recognized in the field through extensive documentation. 
Evidence that the individual has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 8 C.F.R. § 
204.5(h)(3 )(viii). 
The Petitioner has submitted evidence of her work for the ___________ as a 
spokesperson, an ambassador, a television show host, and a producer. Evidence included a letter from 
the foundation's president and the former chairman and chief executive officer ofl I of 
which the foundation is a philanthropic endeavor. The foundation's president wrote that he supervises 
1 See 8 C.F.R. § 204.5(h)(3)(iii) and (iv). 
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the Petitioner and provided a detailed description of the Petitioner's roles and her impact on the 
organization: 
Since 2013,I I has represented the Foundation at various philanthropic 
events and leads our efforts to facilitate partnerships with local organizations across 
Latin America. The ltakes pride in the fact thatl I 
has traveled to underprivileged Spanish speaking communities all around the world and 
in the United States to deliver! I humanitarian and financial aid on behalf of 
I 
land the foundation. For example, in 2017, on behalf of 
I led a team to Puerto Rico after Hurricane Maria to provide humanitarian 
relief efforts and also helped lead the evacuation of critically injured Puerto Ricans in 
need of medical care. In 2019, she traveled to Argentina, Colombia, Mexico, and 
Venezuela to fulfill our philanthropic efforts ... and delivered humanitarian and 
financial aid as well as toys on behalf of I and [the] 
Of the television show that the Petitioner produces and hosts, the foundation's president wrote, 
____ work on the show as the executive producer and host has been 
instrumental in the show's continued contract with major U.S. TV station, Mega TV .... 
[She] has been critical in the success of the show and it's [sic] continuous airing since 
2013 in major television channels like CNN Latino, Mira Tv, mega TV, and Latin and 
South American television station CB24. Through the show,I I creates 
content that aligns with the mission and vision and can educate, 
empower and inspire Spanish speaking children and their families. Without her leading 
and critical role in the show I I this endeavor would not be 
possible. 
The letter also includes details concerning the Petitioner's work on documentaries funded by the 
foundation through her company, I I and a letter from an executive at Mega TV 
discusses the success of the television show. A letter from a specialist for global philanthropy and 
social impact atl I provides an additional perspective on the Petitioner's involvement with the 
foundation: 
work in the children's television show and documentaries highlight and 
demonstrate awareness on many different topics to include health, nutrition, social and 
political climates in Latin America.... These documentaries demonstrate 
humanitarian, political and economic injustices of Spanish speaking countries.... I 
personally had the privilege of working with I I on I I 
where we travelled to Colombia to brin humanitarian help and awareness to the 
indigenous community that resides in . . . The television show and the 
documentaries created by .have been able to not only document the 
struggle of these Spanish speaking communities but also helped bring awareness and 
change these situations by providing humanitarian and monetary aid, toys and food for 
the less fortunate. 
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Although the Director found that the evidence of record shows that the foundation has a distinguished 
reputation, he determined that the president's letter "primarily contains unsupported assertions that the 
petitioner's role was critical without sufficient explanation and supporting documentation." The 
Director did not discuss the letters from the I representative or the Mega TV executive, and the 
Petitioner highlights this omission on appeal, stating that the decision refers to this documentation "as 
'letters of support' without evaluation or analyzing" the evidence. She asserts, for example, that the 
letter from the foundation describes "how the success of the foundation is attributable to the critical 
role that the petitioner performed and discusses specific projects the petitioner has worked on .... " A 
review of the record shows that the letters of endorsement do provide explanations of the Petitioner's 
critical role; these letters contain detailed and probative information 2 regarding the Petitioner's role 
and were authored by individuals with direct knowledge of her work. The letters are supported by 
documentation that includes several articles and webpages, evidence of the television show's regional 
Emmy nominations and awards, as well as certificates of appreciation for the Petitioner's work from 
city and district leadership in !Florida, and I California. Upon review, we conclude 
that the Petitioner has met the criterion at 8 C.F.R. § 204.5(h)(3)(viii). 
III. CONCLUSION 
For the reasons discussed above, we will withdraw the Director's decision and remand the matter for 
further review and entry of a new decision. Because the Petitioner has established her qualifications 
under criteria at 8 C.F.R. § 204.5(h)(3)(iii), (iv), and (viii), on remand, the Director should conduct a 
final merits review of the evidence of record. The new decision should include an analysis of the 
totality of the evidence evaluating whether the Petitioner has demonstrated, by a preponderance of the 
evidence, her sustained national or international acclaim, her status as one of the small percentage at 
the very top of his field of endeavor, and that her achievements have been recognized in the field 
through extensive documentation. See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); 
see also Kazarian, 596 F.3d at 1119-20. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
2 See generally 6 USC1S Policy Manual F.2(B)(2), https://www.uscis.gov/policymanual. 
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