sustained EB-1A Case: Art

U.S. Citizenship 
and Immigration 
Services 
In Re: 12509489 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV . 24, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, an artist, seeks classification as an alien 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 although the record 
established that the Petitioner satisfied the initial evidentiary requirements, it did not establish, as 
required, that the Petitioner has sustained national or international acclaim and is an individual in the 
small percentage at the very top of the field. The Director also concluded that the Petitioner did not 
establish that he will continue to work in his field of claimed extraordinary ability, or that his work 
will be of substantial prospective benefit to the United States. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
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 immigrant visas available to aliens 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). The regulation at 8 C.F.R. § 204.5(h)(4) allows a petitioner to submit 
comparable material ifhe or she is able to demonstrate that the standards at 8 C.F.R. § 204.5(h)(3)(i)­
(x) do not readily apply to the individual's occupation. 
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 is an illustrator and "street artist," whose projects have ranged from drawings for 
wristwatch faces to large outdoor murals. Prior to entering the United States shortly before filing the 
petition, the Petitioner worked inl I the capital and largest city inl I 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that he has received 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 claims to have met six criteria, summarized below: 
• (ii), Membership in associations that require outstanding achievements; 
• (iii), Published material about the alien in professional or major media; 
• (iv), Participation as a judge of the work of others; 
• (v), Original contributions of major significance; 
• (vii), Display at artistic exhibitions or showcases; and 
• (ix), High remuneration for services. 
The Petitioner also claims to have submitted comparable evidence equivalent to criterion (viii), 
relating to a leading or critical role for distinguished organizations or establishments. 
The Director concluded that the Petitioner met three of the evidentiary criteria, numbered (iii), (iv), 
and (vii). On appeal, the Petitioner asserts that he also meets the other claimed criteria. 
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After reviewing the evidence in the record, we agree with the Director that the Petitioner has met at 
least three criteria. Therefore, rather than discuss the specific requirements of the evidentiary criteria, 
we will evaluate the totality of the evidence in the context of the final merits determination below. 
B. Final Merits Determination 
As the Petitioner submitted the reqms1te initial evidence, we will evaluate whether he has 
demonstrated, by a preponderance of the evidence, his sustained national or international acclaim and 
that he is one of the small percentage at the very top of the field of endeavor, and that his achievements 
have been recognized in the field through extensive documentation. In a final merits determination, 
we analyze a petitioner's accomplishments and weigh the totality of the evidence to determine if their 
successes are sufficient to demonstrate that they have extraordinary ability in 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. 1 In this matter, we determine that the Petitioner has shown his eligibility. 
Copies of several published articles and a transcript of a television broadcast show that the Petitioner 
has attracted media coverage inl I The Director determined that this coverage satisfies 8 C.F.R. 
§ 204.5(h)(3)(iii), relating to "[p]ublished material about the alien in professional or major trade 
publications or other major media, relating to the alien's work." The Director acknowledged that this 
evidence portrays the Petitioner as "a recognizable Artist-Illustrator inl ~' before concluding that, 
nevertheless, the evidence does not place the Petitioner at the top of his field. 
It is notable that several of the submitted articles refer to the Petitioner as a prominent artist who is often 
recognized on the street. One article, describing a master class he taught as part of an art festival, 
described an admirer's excitement when the Petitioner gave her a screen print that she would not have 
been able to afford to buy. Another article is not about the Petitioner; it mentions him only once, in 
passing. But in the context of the record as a whole, it bears noting that this article calls the Petitioner a 
"well-known artist." In the aggregate, the published materials take the Petitioner's prominence for 
granted, with a tone that presumes readers' familiarity with him and his work. The Director did not 
question the authenticity or origin of the published material in the record, or (with the limited exception 
of one piece that lacks required information) establish that its evidentiary weight is limited. 
The Petitioner's reputation appears to rest in part on large, prominent outdoor murals, some of which have 
attracted press coverage of their own. The Petitioner has also documented several lucrative commercial 
projects to design products or decorate office space for prominent clients such as a major I I 
corporation, a largel !manufacturer, and the United Nations organization! I Contracts 
with prominent customers are not, by themselves, strong evidence of acclaim or recognition, but the 
record supports the conclusion that these customers (particularly the I I manufacturer) selected 
the Petitioner on the basis of his existing reputation, rather than simply because he was a local artist who 
was available during the relevant period. Rather, the Petitioner's work brought a recognizable character 
1 See also USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 
Petitions; Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADI 1-14 4 (Dec.22.2010), 
https://www.uscis.gov/legal-resources/policy-memoranda (stating that USCIS officers should then evaluate the evidence 
together when considering the petition in its entirety to determine if the petitioner has established, by a preponderance of 
the evidence, the required high level of expertise for the immigrant classification). 
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to the projects in question. The record is also consistent with the conclusion that the Petitioner was 
particularly well-paid for many of these endeavors, further dispelling the idea that the Petitioner was 
randomly chosen. 
It appears to be particularly significant that the Petitioner had a solo exhibition not of finished works, but 
of sketches and drafts that led to those finished works. The nature of such an exhibition presumes a level 
of public interest in a "behind the scenes" glimpse at the Petitioner's creative process, before the works 
in question were polished and perfected. This, by itself, does not establish acclaim, but it is one of several 
lines of evidence that converge on the conclusion that the Petitioner is a prominent artist inl I 
Not all of the Petitioner's evidence is persuasive. For instance, information regarding his membership 
in thd I union of Designers does not consistently portray an exclusive association rather than 
a trade guild. But the less-persuasive evidence in the record does not raise fundamental questions of 
credibility that would undermine other elements of the record such as the evidence discussed above. 
We find that the Petitioner has established, by a preponderance of the evidence, the acclaim and 
recognition required for the classification sought. 
C. Continued Work and Prospective Benefit 
8 C.F.R. § 204.5(h)(5) requires "clear evidence that the alien is coming to the United States to continue 
work in the area of expertise." The Director concluded that the Petitioner did not sufficiently establish 
how he will continue working in his field in the United States, because he provided only "vague 
ambitions" and "prospective hopes of finding work" rather than "detailed plans." Based on this stated 
lack of specific plans, the Director also found that the Petitioner had not established substantial 
prospective benefit to the United States as required by section 203(b)(l)(A)(iii) of the Act. 
The Petitioner, however, had submitted letters from two prospective clients (;:ii I law firm and 
a I I software development company), expressing an intention to engage the Petitioner's 
services on graphic design and painting projects, contingent on the Petitioner's obtaining work 
authorization. The Director's denial notice did not explain why these letters are deficient, and the 
Director did not cite any evidence that would undermine their credibility. We withdraw the Director's 
conclusions in this regard. 
III. CONCLUSION 
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained national acclaim in his field and submitted 
extensive documentation of his achievements. Lastly, the Petitioner has shown that he intends to 
continue working in the United States in his area of expertise and that his entry will substantially 
benefit prospectively the United States. He therefore qualifies for classification as an individual of 
extraordinary ability. 
ORDER: The appeal is sustained. 
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