sustained EB-1A Case: Fashion Design

U.S. Citizenship 
and Immigration 
Services 
In Re : 8264039 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 27, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a fashion designer, seeks classification 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 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 that 
small percentage at the very top of the field. The matter is now before us on appeal. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369,375 (AAO 2010). The Administrative 
Appeals Office (AAO) reviews the questions in this matter de novo. See Matter of Christo 's Inc., 26 
l&N Dec . 537, 537 n.2 (AAO 2015) . Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l) 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 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 that 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). 
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). 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 of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner is a fashion designer and chief ex~e_cu_t_iv_e_o_ffi_1c_-e_r_o_f--=====------' He received 
his Bachelor of Fine Arts in fashion design from School of Design in 2016. ~--------~ 
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 that he meets five of the ten initial evidentiary criteria. The Director determined 
that he submitted sufficient evidence to establish that he meets four of them, including: lesser 
nationally or internationally recognized awards at 8 C.F.R. § 204.5(h)(3)(i); published material in 
major trade publications or other major media at 8 C.F.R. § 204.5(h)(3)(iii); display of his work at 
artistic exhibitions or showcases at 8 C.F.R. § 204.5(h)(3)(vii); and performance in a leading or critical 
role for an organization that has a distinguished reputation at 8 C.F.R. § 204.5(h)(3)(viii). 
The record supports the Director's determination that the Petitioner satisfied these four criteria. The 
Petitioner has established that he received a I I Merit Award that is internationally 
recognized in his field, and that he has been featured in major trade and media publications including 
Vogue. In addition, the record reflects that his artistic work has been displayed at several major 
fashion shows, and that he holds a leading and critical role as the founder and CEO of his own design 
studio. 
2 
On appeal, the Petitioner maintains that he also meets the criterion related to outstanding contributions 
of major significance in his field at 8 C.F.R. § 204.5(h)(3)(viii). However, as he has established that 
he satisfies four other criteria, we need not address whether he meets a fifth, but we will consider the 
evidence submitted as part of the final merits determination below. 1 
B. Final Merits Determination 
As the Petitioner has submitted the requisite initial evidence, we will evaluate whether he has 
demonstrated, by a preponderance of the evidence, his sustained national or international acclaim, 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 his 
successes are sufficient to demonstrate that he has 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-
20.2 In this matter, we determine that the Petitioner has not demonstrated his eligibility. 
As noted the Petitioner raduated from School of Design in 2016 and was recognized by the 
as one of the top design graduates from 
1
round the 
~w_o_rl_d_t_h_a_t y_e_a_r ___ H_e_e_s_t-ab-1-is_h_e_d_h_i_s -e-po_n_y_m_o_u_s -fa~shion label in 2016, founded his company, I 
I linl I in 2017, and holds a trademark for his brand, which is sold through his 
online store and at several retail fashion boutiques. 
The Petitioner was the recipient ofl I's Merit A ward in 2016 for hisl I 201 7 
collection, the first collection released on his fashion labei.l I is described as a I I 
I I International emerging designer platform." Winners of its Merit Award receive £20,000 in 
financial support across three seasons and a folly sponsored solo show at thd I Showcase 
atl !Fashion Week, which is regarded in the field as one of the four major international shows, 
along withl I The evidence reflects that the Merit Award is competitive, 
with one winner chosen from hundreds of international applicants. The Petitioner provided evidence 
that his receipt of the Merit Award was announced onl Is website and reported by major 
media. For example, his 2017 I I collection appeared on the I I Vogue website in 
connection with his catwalk show atl I Fashion Week. 
Based on the foregoing, the evidence demonstrates that the I I Merit A ward is an 
internationally recognized award that garnered the Petitioner acclaim and major media attention. 
Further, the record refl~cts tha; be urasl invited to return to I I Fashion Week to show his 
I 1201 7 and I _ _ O 18 collections which received similar recognition. He has 
shown subsequent collections at I Fashion Week, where his collection was highlighted by 
Elle and Vogue. This evidence demonstrates that he has been able to sustain his initial acclaim by 
1 See USCTS Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form I-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 13 (Dec. 22, 2010). 
https://www.uscis.gov/legal-resources/policy-memoranda (providing that objectively meeting the regulatory criteria in 
part one alone does not establish that an individual meets the requirements for classification as an individual of 
extraordinary ability under section 203(b)(l)(A) of the Act). 
2 See also USCIS Policy Memorandum PM 602-0005.1, supra at 4 (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 of the immigrant classification). 
3 
continuing to gamer recognition from industry professionals and the media at the industry's major 
fashion showcases each season. 
The Petitioner also provided evidence that his collections have consistently appeared in major online 
fashion media, including Nylon, Marie Claire, Schon!, Bazaar, and Elle, with Bazaar and Elle also 
featuring his brand in articles about their favorite new labels and designers. This recognition from major 
media in the industry demonstrates that the Petitioner's company and brand have achieved a distinguished 
reputation. As the CEO of the brand, the Petitioner himself has been featured in interviews with Vogue 
and Interview in which he discussed his background, inspiration, and design philosophy. 
The Petitioner has also submitted evidence that addresses his contributions to his field and the impact 
and influence of his work. This evidence includes reference letters, additional media reports, social 
media, and evidence that the Petitioner's designs have been sought after by celebrity stylists and/or 
worn by influential celebrities . 
.__ ____ ---,JI editor-in-chief atl I emphasizes that the Petitioner's work is unique and 
praises the broad appeal of his designs to a variety of women. She states that she regards the Petitioner 
as "a standout fashion designer among all others within the field" based on his work, noting that he 
has cultivated a distinct space for his brand despite being in the early stages of his career. I I I I who is self-described as a fashion influencer, director and model, comments on the 'c=J 
I I detail design" elements in the Petitioner's collection, noting that it "is an effective 
signature design that instantly sets him apart from the rest of the designer crowd." I Uescribes 
his work as "pioneering and groundbreaking" and opines that he is "a leading fashion designer." 
We have also considered evidence that the Petitioner's work has received significant attention from 
fashion stylists, who have either dressed their celebrity clients in his pieces or have sought out his 
work in the process of choosing potential looks for their clients. Specifically, the Petitioner provided 
evidence that actress I I and model wore ieces from his collections for 
photoshoots that appeared in Bazaar magazine, and actress~---~wore one of his dresses on the 
cover of Esquire. In addition, the Petitioner provides evidence that musician I I prominently 
wore pieces from his collection in the music video for '1 I which has seven million views. 
He also submits email communications indicating that stylists working with Alicia Keys, Lady Gaga, 
Rita Ora, and Solange Knowles have reached out to his studio to request pieces from his collection as 
options to present to their clients for television appearances and public events. Finally, the record 
establishes that the Petitioner's designs are regularly featured by popular fashion influencers on 
Instagram and receive substantial attention from what he describes as "niche" media (in the United 
States and abroad) focused on fashion and culture, such as Fashionista, The Impression, L 'Officiel, 
WWD, PlusMinus, Notis, Design Now, Fashion Capital, and PopSugar. 
Overall, the evidence shows that the Petitioner has received sustained acclaim for his work since he 
established his brand and that he is recognized and highly regarded by major media and by other 
professionals in the fashion industry. Although the Petitioner entered the industry only a few years 
prior to the filing of the petition, we note that his entry into the industry received international attention 
and that he has sustained that recognition while growing his brand; there is no definitive time frame 
4 
on what constitutes "sustained." 3 The totality of the evidence establishes that the Petitioner possesses 
a level of expertise that is consistent with a finding that he is one of a small percentage at the very top 
of the field of endeavor and that he has documented sustained acclaim. See section 203(b)(l)(A) of 
the Act; 8 C.F.R. § 204.5(h)(2), (3); Kazarian, 596 F.3d at 1119-20. 
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 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 the United States in his area of expertise. He therefore 
qualifies for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
3 See USCIS Policy Memorandum PM 602-0005.1, supra at 14 (stating that "[a] beneficiary may be very young in his or 
her career and still be able to show sustained acclaim"). 
5