sustained EB-1A Case: Art Curation

U.S. Citizenship 
and Immigration 
Services 
In Re: 13904080 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 26, 2021 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, an art museum, seeks to classify the Beneficiary, a curator, as an individual of 
extraordinary ability. 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 Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that the Beneficiary meets at least three of the initial evidentiary criteria for this 
classification. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(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 in 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 implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate 
international recognition of his or her achievements in the field through a one-time achievement (that 
is, a major, internationally recognized award). If that petitioner does not submit this evidence, then 
he or she must provide sufficient qualifying documentation that meets at least three of the ten criteria 
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). 
II. ANALYSIS 
The Petitioner, a I I art museum, has employed the Beneficiary in the endowed 
position of I !Associate Curator for I I Art since 2014 and 
seeks to continue her employment in this role. 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that the Beneficiary has received a major, 
internationally recognized award, it must demonstrate that she satisfies at least three of the alternate 
regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner submitted evidence relating to the 
Beneficiary's eligibility under six of these ten criteria. 
The Director determined that the Beneficiary satisfies the judging and scholarly articles criteria under 
8 C.F.R. § 204.5(h)(3)(iv) and (vi), respectively, and the record supports this conclusion. The 
Petitioner has provided evidence of the Beneficiary's authorship of books, book chapters, and 
scholarly articles published in professional publications, as well as evidence of her participation as a 
judge of the work of others in the field, specifically as a member of doctoral panels, and award and 
fellowship committees. 
On appeal, the Petitioner maintains that the Director overlooked or failed to properly weigh evidence 
relating to published materials about the Beneficiary, her original contributions to her field, the display 
of her work at exhibitions or showcases, and her leading or critical role with its organization. See 8 
C.F.R. § 204.5(h)(3)(iii), (v), (vii) and (viii). The Petitioner maintains that the Beneficiary satisfies at 
least three criteria and is otherwise eligible for classification as an individual of extraordinary ability. 
We conclude that the record establishes that the Beneficiary satisfies the leading or critical roles 
criterion based on her role with the Petitioner, which has established itsl I 
,.__ ______ __. museums in the United States. The Director determined that the Petitioner's 
evidence was insufficient because it relied, in part, on letters from experts who work outside the 
organization that attested to the critical nature of the work the Beneficiary performs for the Petitioner. 
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However, both the initial petition and the Petitioner's response to the Director's request for evidence 
(RFE) were accompanied by supporting letters from high-level employees of its organization who 
described the Beneficiary's position and her performance in that role in considerable detail and were 
sufficient to establish that she performs in a leading or critical role consistent with the criterion at 8 
C.F.R. § 204.5(h)(3)(viii). The Petitioner described the Beneficiary's responsibilities, the impact of 
her role on the museum, and submitted supporting evidence, including its annual report and critical 
reviews in major media, which highlight that the exhibitions, research, educational activities, and other 
projects for which she is responsible ~-------------------~ 
I I) are of significant importance to the organization as a whole. 
The Petitioner has established that the Beneficiary meets at least three of the ten criteria I isted at 8 
C.F.R. § 204.5(h)(3), therefore, we will evaluate the totality of the evidence, including evidence 
submitted in support of the remaining claimed criteria, in the context of the final merits determination 
below. 
B. Final Merits Determination 
As the Petitioner has submitted the requIsIte initial evidence, we will evaluate whether it has 
demonstrated, by a preponderance of the evidence, that the Beneficiary has sustained national or 
international acclaim and is one of the small percentage at the very top of the field of endeavor, and 
that her achievements have been recognized in the field through extensive documentation. 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. We 
conclude that the Petitioner has established the Beneficiary's eligibility for this classification. 
The record reflects that the Beneficiary has bachelor's degrees in art history and modern languages, 
and a master's de ree in visual anthro ology. She later obtained a master of arts focused on the Arts 
of from the~--~----~ at the University otc=J 
. , where she also received her doctorate degree in 2007. She completed 
two post-doctoral research fellowships at the University ofl I 
I I between 2008 and 2014, during which time she also provided exhibition curatorial 
support for I I art exhibitions for museums in Switzerland, Germany, Bel ium Scotland and 
England. As noted, since, 2014, the Beneficia!Y has served in the position of.___ ___ .--__ __, 
I !Associate Curator for I IArt in the Petitioner's Department of Arts I I .__~ 
The record reflects that the Beneficiary's critical role with the Petitioner, one otl I art 
museums, is a high profile position that has earned her national and international acclaim in her field 
and recognition as one of the top curators and scholars in~------~· The exhibitions 
she has curated for the Petitioner have earned positive critical reviews in major U.S. media such as 
The New Yorker, The New York Times and The Wall Street Journal, as well as in international 
publications. In addition, the Beneficiary and her work have consistently been the subject of 
interviews and articles in media publications throughout her tenure with the Petitioner. For example, 
articles about the Beneficiary and her work have appeared in professional publications included Art 
Asia Pacific magazine, in a publication of the National Museum of Women in the Arts, in mainstream 
media publications, and in Cultural Survival Quarterly, which is focused on the preservation of the 
cultures of the indigenous people. She has also been invited to provide her expertise inl I 
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I lart to film and video projects made for television in New Zealand, for other museums, and for 
.=I ==~~I. an educational partner ofl I 
In addition, the record reflects that, as a result of her acclaimed work and recognition in her area of 
expertise, and in connection with her high-profile role with the Petitioner, the Beneficiary is frequently 
invited to serve as a panelist, lecturer and note address s eaker at events, conferences and symposia 
hosted by prominent institutions such as University olle e) I University, the 
I I Museum the Arts Council o~ I the , University of 
I I. th of Arts and th In 2019, the Beneficiary 
was invited by the,__-~-------------- to serve as a visiting faculty 
member for its prestigious.___ ___________ ~_..,.,...., and she has participated as a 
judge of the work of others in her field by serving on doctoral panels and award and fellowship 
committees. 
In addition to her highly visible role as a curator, the record reflects that the Beneficiary remains 
especially active in publication of scholarly research in her field. She has authored a considerable 
number of articles that were published in distinguished professional journals and has authored books 
and book chapters as well as contributing to the Petitioner's major exhibition bulletins and catalogs. 
The Petitioner has also documented her membership in the.___ ____________ ___, 
where she and other leaders of the organization coordinated three 
international conferences held in Canada, New Zealand and Australia, as well as panel events held 
throughout North America. 
Finally, the Petitioner has submitted several detailed letters from experts in the Beneficiary's field who 
discuss and provide context to her contributions and achievements and the scope of the recognition 
she has received for them . .___ _______ ___,of I !University explains that the 
Beneficiary "brings a singular perspective and set of curatorial skills that have enabled her to expand 
the profile ofl lat [the Petitioner's museum]," and describes her as "an innovator whose 
ri orous and creative curatorial work has expanded the accepted canon of world art histo to include 
r------,.. ____ _Jarts." I I Director of the UniversityL-------1------...._J 
.___ __ __.Art Collection, indicates "as a fellow curator and academic specializing in.___ __ __.art 
in the United States, I can state with confidence that [the Petitioner] is one of the foremost experts in 
the world in our field" and "has opened up the world ofl lart to viewers in the United States." 
She mentions the Beneficiary's "expansion of [the Petitioner's] contemporary.___ ______ __. 
art, and her creation of important opportunities fo art and artists, who she has elevated to 
an increasingly visible position within the wider art world.",__ __ ~ describes in further detail the 
influence of the Beneficiary's curatorial approach in their shared field, and concludes by stating that 
the Petitioner's "significant scholarly and curatorial achievements in the field ofl I I I art have been revolutionary and continue to inspire the museum community at an international 
level." 
.___ _____ ___, Director of the University,__ ______ ~ Research Unit, states that he 
"can affirm without question that [the Beneficiary] is a world-renowned expert" on the art of the 
.___ _____ ____. region and asserts that "an art history professional must be at the very top of their 
field to even work for [the Petitioner]." I J also emphasizes the Petitioner's "sole 
responsibility for a wide range of curatorial duties that relate to the care of the hugely significant 
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collection of art at the Petitioner's museum], including her involvement in an on oin 
~----~project." ,___ _______ __. Di rector Emeritus ofL_ __ -r----7-__J 
discusses the Beneficiary's curatorial vision for updates to the Petitioner's.____~ galleries, 
explaining that the renovation dergns "wlll have an enormous impact internationally and stand to 
influence museum installations of art across the world." He describes the renovation as "a 
once-in-a-generation undertaking, and [the Beneficiary] was the only choice to lead this project due 
to her world-renowned expertise in the art ofl I' I I, former Vice President of the 
Arts for thd O l highlights the Beneficiary's achievements at the 
Petitioner's museum, noting her "commitment to advancing and evolvinr her fitd and describing 
her as "the leading voice of her generation in the highly specialized area of art in the museum 
industry." 
Based on the foregoing letters and others not discussed here, the evidence establishes that the 
Beneficiary's critical role with the Petitioner and her related contributions to the museum field, art 
curation, and scholarship in~-----~art have garnered her sustained acclaim and placed 
her among the small percentage at the top of a field in which the Petitioner maintains a prominent 
position as a leading institution. 
When considered in the aggregate with the evidence discussed above, the Petitioner has demonstrated 
that the Beneficiary's achievements are reflective of a "career of acclaimed work in the field" as 
contemplated by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). We conclude that the record 
supports a finding that the Beneficiary is among the small percentage at the top of her field of endeavor 
with sustained national or international acclaim. See 8 C.F.R. § 204.5(h)(2)-(3). 
111. CONCLUSION 
The Petitioner has shown that the Beneficiary meets at least three of the evidentiary criteria listed at 8 
C.F.R. § 204.5(h)(3)(i)-(x). It has also demonstrated, by a preponderance of the evidence, the 
Beneficiary's sustained national and international acclaim and that her achievements have been 
recognized through extensive documentation. Finally, the record reflects that the Beneficiary intends 
to continue working in her area of expertise and that her admission will benefit prospectively the 
United States. Therefore, she qualifies for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
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