sustained EB-1A Case: Cinematography

U.S. Citizenship 
and Immigration 
Services 
In Re : 17643810 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 20, 2021 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a cinematographer/director of photography, seeks classification as an individual of 
extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b )(1 )(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, concluding that although the record 
established that the Petitioner satisfied the initial evidentiary requirements for this classification, it did 
not demonstrate, as required, that he has sustained national or international acclaim and is among the 
small percentage at the top of his field. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofChawathe, 25 I&N 
Dec. 369,375 (AAO 2010). Upon de novo 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 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 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 the 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 aiiicles). 
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-paii review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits dete1mination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32(D.D.C. 2013);Rijalv. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
II. ANALYSIS 
The Petitioner is a director of photography/cinematographer with an extensive list of film and 
television credits in the United Kingdom and the United States. The record reflects that he intends to 
continue work in his area of expertise and was under contract and/or in negotiations to work on several 
upcoming feature film and television projects in the United States at the time of filing. 
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 submitted evidence related to eight of these ten criteria, 
and the Director determined that he satisfied three of them, relating to his receipt of lesser nationally 
or internationally recognized awards, published material about him and his work, and the display of 
his work at artistic exhibitions or showcases. See 8 C.F.R. § 204.5(h)(3)(i), (iii) and (vii). 
Afterreviewing the record, we agree with the Director's conclusion that the Petitioner satisfied at least 
three of the initial evidentiary criteria and will therefore turn to the final merits determination below. 
B. Final Merits Determination 
As the Petitioner satisfied at least three 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. 
In a final merits determination, we must 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 )(1 )(A)(i) of the Act; 8 
C.F.R. § 204.5(h)(2), (3): see also Kazarian, 596 F.3d at 1119-20. Upon review, we conclude that the 
Petitioner has demonstrated his eligibility for this classification. 
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The record reflects that the Petitioner has consistently been recognized in the entertainment indus1Iy 
for his work as a director of hoto a h for film and television productions since 2T8 Tu thar year, 
he received the L--r-----i------~-_J.L.J,.........,u..>.L~amatic category) at the.__ __ ~ Film 
Festival for the fil ~-~which was his.__ ____ ~ credit as a director of photography. This 
achievement was covered by Variety magazine, which named the Petitioner to its ~ 
I I Jist in 2008 The evidence further establishes tha~ I which also 
earned the Petitioner al nomination at the 2009 Filml I Awards, 
received widespread critical acclaim with additional screenings, nominations, and awards at other 
major international film festivals worldwide. 
The Petitioner demonstrated that he has been able to sustain his acclaim in the industry through 
additional achievements in cinematography that have been recognized through awards and award 
nominations. Further, the record reflects that many of the independent film projects on which he has 
worked have been official selections at the world's major film festivals, includincl II I 
Film Festival, I I Film Festival,! I Film Festival, and thel I 
Film Festival, thus garnering additional international recognition for his work. 
For example, the Petitioner has received two additionall ~ nominations from the 
Filml IAwardsforthefilmO(in2013)an~ l(in2015). 
He provided evidence that thel IA wards are considered significant in the industry 
and receive media coverage in major trade publications includin Holl wood Re orter Variety, and 
Deadline. ThePetitioner'sworkasdirectorof hoto a h fo alsoearned 
him a nomination for al ~Award at th'lr-----,.. _____________ __JAwards, 
and the film received multi le awards at the m Festival. In 2012, the Petitioner was a 
r-1ll.!.LL.Lu..i..i.~..i..u.....J.LL--,_ ___ __Jaward at I Film Festival of the I I 
.__ _____ __. for his work as director of photo for This film also 
received nominations at th n Film Awards. The Petitioner's 
additional film credits include'----~-------.-------~ andl I which both 
received [A.ward nominations for.__ ___ _.Film, in 2014 and 2016, respectively. 
The Petitioner's television credits inch::::.:1d:!..:e:::...!:::::====;---;:::::==:::'...1.'.(f~o~r which he serve..,........ .......... .........,., 
photography fo , I ~ the British serie 
British miniseries L_---1-------- 7 He received aL_---r--7- ___ _J ._ _ _. 
I jAwar=r~d~1=·n~th=e~----,r---o-----.--~==-=-........,;;.-"'-=-=. in 2014 and was 
nominated for a.__ ______ _. ward fo .__ _____ __. for.__ __________ ~ 
in 201 1. The Petitioner has also served as director of photography for music videos for several notable 
British artists and received a 201 ol I Award for Best Cinematography in a Video. 
Further, the record demonstrates that the Petitioner and his work in the film and television projects 
mentioned above have been featured i.n professional a.nd major trade publications iucfodiu g amqng 
others, Variety, Filmmaker Magazine, The Film Stage, which featured! . Jin 
its "Best Cinematography of 2016" list, and British Cinema to rap her which has publishe~ 
pieces on the Petitioner and his work on 2012 2016), andl___J 
~---~1(2020). He was also featured in a list ublished b The 
Pla list in 2016, which raises his bod of work and states that he· 
The Petitioner 
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and his cinematography work inl I, I I and I I have also been 
~ted in case studies featured on the websites of prominent camera manufacturersLJand 
L___J Considered in the aggregate, the record reflects that the Petitioner has been consistently 
covered in industry media since 2008, thus adding to his sustained acclaim and recognition in his field. 
The record further demonstrates that the Petitioner has been reco ized for his ex ertise throu his 
nomination and selection as a f;.:::u::.!cll~m~e:!.!m:!.!b::..:e:::!r~o:'..,!f;...;t~h~e1....-__ ---r-------------~..., 
which he has also served on the~ ______ __,, and the~-------------~ 
I ~- A letter frorr0states that membership is "by invitation only" and "is awarded only to 
directors of photography who have proved themselves to be among the very best in the field." The 
supporting evidence describing the~membership requirements and standards for full membership 
supports this statement and indicates that those selected must have at least five years of substantial 
film and television credits and be judged as having outstanding artistic achievements in 
cinematography. The number of fully accreditedc=Jmembers is small, at just over 100, and reflects 
that those admitted are at the top of the field amon~ I cinematographers. While the membership 
requirements fo~ I appear to be somewhat less stringent, the Petitioner's full voting 
membership in that association indicates that he is regarded as an artist who has made a "significant 
contribution" to his industry. The record reflects that the Petitioner has received further recognition 
......... ~~~~~~~~......_r a~ _________ __.by serving as an invited panelist at the 
ilm Festival and b an invitation to judge the cinematography 
category for the~----------------' Awards in 2020. 
The record also contains letters from the Petitioner's U.S. and U.K talent representatives who discuss 
his prominent upcoming projects (including a~-------------~----__._), 
high remuneration relative to his peers, and demonstrated record of working with renowned directors 
on critically acclaimed and award-winning projects. When considered in the aggregate with the 
evidence discussed above, the Petitioner has demonstrated that his 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 Petitioner is among the small 
percentage at the top of his field of endeavor and that he has sustained national or international acclaim. 
See 8 C.F.R. § 204.5(h)(2)-(3). 
III. CONCLUSION 
The Petitioner has shown 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 and international acclaim and that 
his achievements have been recognized through extensive documentation. Lastly, the Petitioner has 
shown that he intends to continue working in his area of expertise and that his work 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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