sustained EB-1A Case: Acting

U.S. Department of Homeland Security 
U.S. Citizenshio and Immigration Services 
- 
t 
identifying data deleted to 
 Of$ce of Admlnrstratlve Appeals MS 2090 
prevent clearly ~nwmanted 
Washington, Dc 20529-2090 
invasion of personal pdvac) 
 U. S. Citizenship 
and Immigration 
Services 
IN RE: 
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. 
&a dnck- 
/\ , o n F. Grissom 
b' ~ctin~ Chief, Administrative Appeals Office 
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 sustained and the petition will be approved. 
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 in the arts. The director determined that the petitioner had not established the 
sustained national or international acclaim necessary to qualifl for classification as an alien of 
extraordinary ability. 
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. $ 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. $ 204.5(h)(3). The relevant 
criteria will be addressed below. It should be reiterated, however, that the petitioner must show that 
he has sustained national or international acclaim at the very top level. 
This petition, filed on December 14, 2006, seeks to classify the petitioner as an alien with 
extraordinary ability as an actor. The regulation at 8 C.F.R. $ 204.5(h)(3) indicates that an alien can 
Page 3 
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 a major 
internationally recognized award, the regulation at 8 C.F.R. § 204.5(h)(3) 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. We find that the petitioner's evidence meets at least 
three of the regulatory criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in thejeld of endeavor. 
The petitioner submitted evidence showing that he received an internationally recognized award for 
acting in 2001. The petitioner also submitted evidence showing that he received nationally 
recognized acting awards in 1998, 1999, 2000, and 2004. The record includes documentation 
demonstrating the significance of the preceding awards. Accordingly, we concur with the director's 
finding that the petitioner 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 the field for which classiJcation is sought. 
Such evidence shall include the title, date, and author of the material, and any necessary 
translation. 
The petitioner submitted numerous articles about him and his work in major national newspapers 
from the late 1990s to 2006. Accordingly, we concur with the director's finding that the petitioner 
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 alliedfield of specijication for which classijication is 
sought. 
The petitioner submitted evidence showing that he served on the panel of judges for the Asian 
Television Awards in 2002. The record includes documentation demonstrating the significance of 
this event. Accordingly, the petitioner has established that he meets this criterion. 
In this case, the petitioner has satisfied three of the regulatory criteria required for classification as 
an alien of extraordinary ability. 8 C.F.R. $ 204.5(h)(3). Pursuant to the statute and regulations, the 
petitioner qualifies for the classification sought. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary 
ability. The petitioner has also established that he seeks to continue working in the same field in the 
United States and that his entry into the United States will substantially benefit prospectively the 
United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
established eligibility for immigrant classification under section 203(b)(l)(A) of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. 5 1361. The petitioner has sustained that burden. Accordingly, the decision of the 
director denying the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.