sustained EB-1A Case: Fashion Model

U.S. Citizenship 
and Immigration 
Services 
MATTER OF M-D-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 2, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a fashion model, 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. § l 153(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 Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satisfied only two of the ten initial evidentiary criteria, of 
which she must meet at least three. 
On appeal, the Petitioner submits additional documentation and a brief, arguing that she meets at least 
three of the ten criteria. 
Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b )(1 )(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. 
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Matter of M-D-
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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate 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 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 ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
11. ANALYSIS 
The Petitioner is currently employed as a fashion model for in New 
York, New York. As the Petitioner has not established that she has received a major, internationally 
recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). 
A Evidentiary Criteria 
The Director found that the Petitioner met the following two criteria: published material under 8 
C.F.R. § 204.5(h)(3)(iii) and high salary under 8 C.F.R. § 204.5(h)(3)(ix). The record reflects that 
major media featured the Petitioner in their publications and she commands a high salary in her field. 
Accordingly, we agree with the Director that the Petitioner fulfilled the published material and high 
salary criteria. 
In addition, the record reflects that the Petitioner has displayed her work at various fashion shows and 
exhibits satisfying the artistic display criterion under 8 C.F.R. § 204.5(h)(3)(vii). Therefore, the 
Petitioner established that she fulfills at least three regulatory criteria, and we will evaluate the totality 
of the evidence in the context of the finial merits determination below. 
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Matter of M-D-
B. Final Merits Determination 
As the Petitioner has submitted the requisite initial evidence, we will evaluate whether she has 
demonstrated, by a preponderance of the evidence, her sustained national or international acclaim and 
that she 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. In a final merits 
determination, we analyze a petitioner's accomplishments and weigh the totality of the evidence to 
determine if her 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. 1 In this matter, we determine that the Petitioner has shown her eligibility. 
The record reflects that the Petitioner has walked hundreds of runways, including the top four 
international fashion week events in and for top designers, such as 
and Further, she has participated in advertising 
campaigns for prestigious brands, such as ___ and For instance, 
casting director for confirmed that the Petitioner was selected "year after year 
since 2013 for our runway shows." In addition, image and advertising campaign 
manager for indicated the Petitioner's modeling of the company's brands for three 
years. For these reasons, the record demonstrates that the Petitioner has achieved a "career of 
acclaimed work in the field." See H. Rep. No. 101-723, at 59 (Sept. 19, 1990). 
Moreover, the Petitioner has been featured in major publications, such as Time, Vogue, Elle, and 
Glamour. In fact, New York Magazine named the Petitioner as one of the "Top Models" where she 
opened for In addition, the Petitioner has appeared on the covers of major 
magazines, such as and . Accordingly, the Petitioner has established 
the required sustained national or international acclaim. See section 203(b )(1 )(A) of the Act. 
The demand for the Petitioner's work has resulted in her commanding a high salary placing her among 
the small percentage at the very top of her field. See 8 C.F.R. § 204.5(h)(2). Indeed, Elle magazine 
wrote that the Petitioner has "conquered the catwalk" and "has been one of the most booked models 
ever since." As further evidence of her status in the field, the record contains recommendation letters 
setting her significantly apart from other fashion models. For example, Belgian fashion designer 
stated that the Petitioner "is a 'household' name among fashion industry leaders and is 
known to be one of the top models in the international field," and she "enjoys the greatest level of 
commendation and achievement in the fashion arena." 
In summary , the Petitioner has demonstrated her extraordinary ability as a fashion model. The totality 
of the evidence establishes that she possesses a level of expertise that is consistent with a finding that 
she is one of a small percentage at the very top of the field of endeavor and that she has documented 
sustained international acclaim . See section 203(b)(l)(A) of the Act; 8 C.F.R. § 204.5(h)(2) , (3); 
1 See also users Policy Memorandum PM 602-0005.1, Evaluation of Evidence Submitted with Certain Form 1-140 
Petitions; Revisions to th e Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJJ -1 4 4 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html (stating that users 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). 
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Matter of M-D-
Kazarian, 596 F.3d at 1119-20. See also Matter of Price, 20 I&N Dec. 953, 956 (Assoc. Comm'r 
1994). 
III. CONCLUSION 
For the reasons discussed above, the Petitioner has established that she meets at least three of the 
evidentiary criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). She has also demonstrated sustained 
national and international acclaim and that her achievements have been recognized through extensive 
documentation. Lastly, the Petitioner has shown that she intends to continue working in her area of 
expertise and that she will substantially benefit prospectively the United States. She therefore qualifies 
for classification as an individual of extraordinary ability. In visa petition proceedings, the petitioner 
bears the burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 
U.S.C. § l36l;Matter ofSkirball Cultural Ctr., 25 I&NDec. 799, 806 (AAO 2012). Here, that burden 
has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofM-D-, ID# 2590356 (AAO Apr. 2, 2019) 
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