sustained EB-1A Case: Advertising

U.S. Citizenship 
and Immigration 
Services 
MATTER OF F-R-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 18,2017 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an advertising creative director, seeks classification as an individual of extraordinary 
ability in business. See Immigration and Nationality Act (the Act) section 203(b)(l)(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 Form I-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied only two of the ten initial evidentiary criteria, of 
which he must meet at least three. 
On appeal, the Petitioner submits a brief stating that he meets five criteria and has shown 
extraordinary ability in his field. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b)(1)(A) of the Act makes visas available to immigrants with extraordinary ability 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 m the area of 
extraordinary ability, and 
(iii) the alien'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 impkmenting regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
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Matter of F-R-
requirements. First, a petitiOner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence 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. USC IS, 596 F .3d 1115 (9th Cir. 20 I 0) 
(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). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner currently works as the president and creative director of an 
advertising agency in Venezuela. Because he has not established that he has received a major, 
internationally recognized award, the Petitioner must satisfy at least three of the alternate regulatory 
criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x) to meet the initial evidentiary requirements. 
~· Evidentiary Criteria 
The Director found that the Petitioner met the judging criterion under 8 C.F.R. § 204.5(h)(3)(iv). 
The record contains evidence of his participation as a juror for competitions such as the 
newspaper's photography contest, and' Awards. In addition, the Director 
determined that the Petitioner satisfied the high salary criterion at 8 C.F.R. § 204.5(h)(3)(ix) based 
on his compensation from His evidence included documentation of his 
earnings and the results from a 2014 salary survey performed by the 
reflecting that he received a high salary relative to other creative 
directors. 
Furthermore, the record indicates that the Petitioner has received nationally recognized awards 
satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(i). For example, he received the first place award in 
newspaper's ' advertising competition. The level of recognition and 
excellence of the aforementioned award is supported by media coverage. Moreover, the evidence 
shows that the Petitioner meets the published material criterion under 8 C.F.R. § 204.5(h)(3)(iii) 
based on articles about him in professional publications such as and 
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Matter of F-R-
Lastly, he satisfies the leading role criterion under 8 C.F.R. § 204.5(h)(3)(viii), as he has 
performed in a leading role for an · organization whose distinguished 
reputation is demonstrated through numerous awards, news articles, and industry rankings. 
B. Final Merits Determination 
As the record satisfies three or more of the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), we 
will analyze the Petitioner's accomplishments and weigh the totality of the evidence to determine if 
his successes are sufficient to demonstrate that he has extraordinary ability in the field of endeavor. 
We will evaluate whether he has demonstrated, by a preponderance of the evidence, that he has 
sustained national or international acclaim and that his achievements have been recognized in the 
field through extensive documentation, making him one of the small percentage who have risen to 
the very top of the field of endeavor. 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. In the present matter, the Petitioner has shown his 
eligibility for this classification. 
The Petitioner has demonstrated an acclaimed career working in a leading or critical role as creative 
director for distinguished organizations such as (1995 - 2000), 
(2000 - 2008), and (2008 - present). In his current role, the 
Petitioner has received a high salary that is consistent with sustained national acclaim at the very top 
of his field. For example, the survey results from show that his 2014 salary was 
significantly above the upper earnings range for Venezuelan creative directors. The evidence also 
indicates that the Petitioner and the advertising agencies he led have won numerous awards and 
honors for their projects. In addition to winning first place in newspaper's · 
advertising competition, other significant awards for his work include a 
' 
from and a ' ' prize at the " 
' 
A wards. Media reports and information from the contests' organizers show that the 
aforementioned awards are indicative of national recognition at the very top of the Petitioner's field. 
His projects have also received multiple gold, silver, and honorable mention awards from 
Moreover, the record reflects that his work has received awards at the 
and honors from the competitions. 
Furthermore, the Petitioner offered numerous articles about him and his work in 
and We find that the extensive coverage of the 
Petitioner in reputable professional publications is indicative of his sustained national acclaim in the 
Venezuelan advertising industry. 
The record also indicates that the Petitioner has participated as a judge for multiple national and 
international level competitions such as the Awards, newspaper's photography 
contest, magazine awards, and ' Awards. We evaluate the 
significance of his judging experience to determine if such evidence is indicative of his extraordinary 
ability as required for this highly restrictive classification. See Kazarian, 596 F. 3d at 1121-22. In 
this instance, the Petitioner has provided media reports and information from the contests' organizers 
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Matter of F-R-
showing that the competitions he judged involved experienced professionals and were reflective of 
his national acclaim in the advertising industry. We find that his participation as a juror in the 
aforementioned competitions is consistent with a determination that he is among the small 
percentage at the top ofhis field of endeavor. See 8 C.P.R.§ 204.5(h)(2). 
III. CONCLUSION 
The Petitioner has shown that he meets at least three of the evidentiary criteria listed at 8 C.P.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained national and international acclaim and that 
his achievements have been recognized through extensive documentation. Finally, the Petitioner has 
indicated that he intends to continue working jn his area of expertise. He therefore qualities for 
classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
Cite as Matter of F-R-, ID# 455823 (AAO July 18, 2017) 
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