sustained EB-1A Case: Arts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-K-C-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 29, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an actress and playwright, seeks classification as an individual of extraordinary 
ability in the arts. 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 Nebraska Service Center denied the petition. The Director concluded that the 
Petitioner met only two of the regulatory criteria, of which she must satisfy at least three. 
The matter is now before us on appeal. In her appeal, the Petitioner submits case law and a policy 
memorandum. She maintains that the Director erred by imposing a novel evidentiary requirement 
that does not appear in the regulation and by giving insufficient weight to expert letters. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b) ofthe Act states in pertinent part: 
(1) Priority workers. -- Visas shall first be made available ... to qualified immigrants 
who are aliens described in any ofthe 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 
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Matter of K-K-C-
(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 
sustained acclaim and the recognition of his or her achievements in the field through a one-time 
achievement (that is, a major, internationally recognized award). If the petitioner does not submit 
this evidence, then he or she must provide sufficient qualifying documentation that meets at least 
three of the ten categories 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). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USC IS, 596 F.3d 1115 (9th Cir. 201 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. USC!S, 772 F. Supp. 2d 1339 (W.D. Wash. 2011) affd, 683 
F.3d. 1030 (9th Cir. 2012); Matter ofChawathe , 25 I&N Dec. 369, 376 (AAO 2010) (holding that 
the "truth is to be determined not by the quantity of evidence alone but by its quality" and that U.S. 
Citizenship and Immigration Services (USCIS) examines "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"). Accordingly, where a 
petitioner submits qualifying evidence under at least three criteria , we will determine whether the 
totality of 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. 
II. ANALYSIS 
The Petitioner is a stage actress who has performed in a leading role at the national level in her 
native Uganda. She performed her one-woman show at the in South Afi·ica 
and at a event in- She obtained her Master of Fine Arts at the 
in She submi~ted evidence of an award, published 
material about her shows and herself, and several reference letters. The Director concluded that the 
Petitioner had satisfied the published material and display at artistic exhibitions or showcases 
criteria, 1 but no other criterion. 
On appeal, the Petitioner maintains that the Director imposed requirements not found within the 
awards criterion to exclude her award solely on the basis of its age restriction. The Petitioner also 
states that the Director did not afford sufficient weight to the opinions of the references. In response 
to our request for additional evidence (RFE), the Petitioner submits new information about the 
1 8 C.F.R. § 204.5(h)(3)(iii) , (vii). 
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Matter of K-K-C-
entities for which she has performed in a leading or critical role and information about her proposed 
employment in the United States. For the reasons discussed below, we find that the Petitioner has 
satisfied a third criterion. We further conclude that the evidence in the aggregate demonstrates her 
national or international acclaim. 
A. Initial Evidence 
At the outset, the record supports the Director's findings regarding the published material and 
display criteria. Many of the items are about shows in which the Petitioner appeared, and while she 
did not corroborate that all of the media is major, the record does contain some articles that are about 
her, relating to her work, published in major media. For example, the article,' 
appeared in the The Petitioner supplied information from two Internet 
sources verifying that the magazine is a major media publication in Uganda, thus satisfying the 
published material in major media criterion? In addition, the Petitioner performed at 
in South Africa; she performed her solo show in 2010 and her other solo show 
in 2013. The coverage in the festival's official publication, confirms that 
both shows were primarily the Petitioner's work. Accordingly, these events constitute the display of 
her work at an artistic showcase or exhibition. 3 
Finally, we consider whether the Petitioner meets a third criterion. The Director did not consider 
whether she had performed in a leading or critical role for an organization or establishment with a 
distinguished reputation. 4 In 2012, the Petitioner performed the lead role of in 
at the The review of this production reveals it was "one of the biggest 
budget productions in Uganda ... thanks to sponsorship from 
and among others." This role constitutes a leading role for 
the organization that produced the show and the record establishes the distinguished reputation of the 
producers. In response to our RFE, the Petitioner documents that the creative advisor, 
previously received a in Drama for A review of the production at 
characterizes the playwright, as an "[a]cclaimed film 
don," and the director, as an "award-winning American filmmaker." All ofthis 
information confirms that the show's production team enjoyed a distinguished reputation. As the 
Petitioner meets a third criterion, we now turn to an analysis of the totality of the evidence. 
B. Final Merits Determination 
In the final merits determination we consider the totality of the record to determine if a petitioner has 
established, by a preponderance of the evidence, that she has sustained national or international 
acclaim, and that her achievements have been recognized in the field through extensive 
2 8 C.F.R. § 204.5(h)(3)(iii). 
3 8 C.F.R. § 204.5(h)(3)(vii). 
4 8 C.F.R. § 204.5(h)(3)(viii). 
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Matter of K-K-C-
documentation, 5 making her one of the small percentage who has risen to the very top of the field of 
endeavor. In our analysis, we first discuss and consider the foreign national's accomplishments as a 
framework to perform an overall, final determination. We then weigh all of the filings together to 
determine if her successes are sufficient to demonstrate that she has extraordinary ability in her 
field.6 
While it is inherent to the performing arts to be reviewed in the media, the Petitioner is the subject of 
several articles, including at least one in major media. The articles favorably evaluate her work. 
This level of media coverage is consistent with national or international acclaim. 
Similarly, it is inherent to the performing arts to perform; not every production appearance is 
indicative of or consistent with national acclaim. The Petitioner, however, a native of Uganda, 
displayed her writing product and acting skills at in South Africa. 
artistic director of the festival , confirms that there are limited spots and "a stringent jury 
process." This level of exhibiting her work is commensurate with a performing artist of 
extraordinary ability. 
While not addressed by the Director, we also find the nature of the Petitioner's roles notable. In 
addition to performing the lead role in which debuted in and before 
opening at she also played an important role in at the 
in a theatre that has received a for best regional theater. 
Performing at this level is consistent with national or international acclaim. 
Finally, as the Petitioner meets three other criteria , we will consider the letters in our final analysis 
independently of whether they identify particular contributions and the impact on the field. 
former executive director at the describes the many roles 
the Petitioner performed there, concluding that her skill "is at the highest level in the field." 
Specifically, she "has a wide range of credits to her resume and has performed in several countries 
internationally to this point in time, performing in some eighteen different productions ... both 
inside and outside the United States." an actor and director who worked 
with the Petitioner at the affirms that the Petitioner "has been 
acclaimed widely in her native country and without doubt has become one of Uganda's best and 
most renowned performers at this time." curator and producer at the 
states that the Petitioner "has reached the top small percentage of 
actresses in the field today, including in Uganda, in Africa, and internationally." Merely repeating 
the language of the statute or regulations does not satisfy a petitioner's burden of proof. Fedin Bros. 
Co., Ltd. v. Sava, 724 F. Supp. 1103, 1108 (E.D.N.Y. 1989), a.ff'd, 905 F. 2d 41 (2d. Cir. 1990); Avyr 
5 While the statute requires extensive documentation, eligibility is to be determined not by the quantity of the filings 
alone but by their quality . Chawathe, 25 I&N Dec. at 376 (citing Matter of E-M-, 20 l&N Dec. 77, 80 (Comm 'r 1989)). 
We "ex amine each piece of evidence for relevance , probative value, and credibility , both individually and within the 
context of the totality of the evidence. " /d. 
6 See§ 203(b)(l)(A)(i) ofthe Act; 8 C.F.R . § 204.5(h)(2) , (3); see also Kazarian , 596 F.3d atlll9-20. 
4 
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Matter~~ K-K-C-
Associates, Inc. v. Meissner, 1997 WL 188942 at *5 (S.D.N.Y.). Similarly, USCIS need not accept 
primarily conclusory statements. I756, Inc. v. U.S Att"y Gen., 745 F. Supp. 9, 15 (D.D.C. 1990). 
Nevertheless, for the reasons discussed above , the record sufficiently corroborates these assessments 
of the Petitioner's standing in the field 
The Petitioner has been featured prominently in the media , displayed two of her one-woman shows 
at a major theater festival, and appeared in leading roles , including one at the 
The reviews in the media and from her references confirm her overall talent and acclaim 
within the field . Considering the totality of this evidence, the Petitioner has demonstrated her 
eligibility. 
III. CONCLUSION 
The Petitioner submitted the requisite initial evidence and confirmed her extraordinary ability when 
considered in a final merits decision. Section 203(b )(1 )(A)(i) of the Act. By demonstrating that she 
seeks to continue to work in her area of extraordinary ability , and there being no indication 
otherwise, we are satisfied that the Petitioner ' s entry will substantially benefit prospectively the 
United States. Section 203(b)(1)(A)(iii) of the Act. Therefore, she has met the burden of proof 
necessary to establish eligibility for the benefit sought. Sections 203(b )(1 )(A), 291 of the Act. 
ORDER: The appeal is sustained. 
Cite as Matter ofK-K-C- , ID# 127206 (AAO Nov. 29, 2016) 
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