sustained EB-1A Case: Fashion Model

U.S. Citizenship 
and Immigration 
Services 
In Re: 9369644 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG . 26, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner seeks classification as an alien of extraordinary ability as a fashion model. 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 the Petitioner had 
satisfied only one of the initial evidentiary criteria, of which she must meet at least three. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
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) 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 l&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner indicated employment as a fashion model for~------~in~I ___ ~ 
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 determined that the Petitioner met the published material criterion at 8 C.F.R. 
§ 204.5(h)(3)(iii). The record reflects that major media featured the Petitioner in their publications. 
In addition, the record shows that the Petitioner displayed her work at fashion shows and exhibits, 
fulfilling the artistic display criterion at 8 C.F.R. § 204.5(h)(3)(vii). Further, she commanded a high 
salary in relation to other fashion models, satisfying the high salary criterion at 8 C.F.R. 
§ 204.5(h)(3)(ix). 
Therefore, the Petitioner demonstrated that she meets at least three regulatory criteria, and we will 
evaluate the totality of the evidence in the context of the final merits determination below. 
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 she has extraordinary ability in the field 
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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 appeared in major media, such as publications by Vogue, 
Harper's Bazaar, Elle, Glamour, and the New York Times. Further, the news re arts rovide evidence 
of the Petitioner's standin in the field such as 
'-;:::=========-·~·===,--~-----~--------''and',__ __ ..-----~-.....,,.. 
,__--..--------~-"_I n_d_e_ed~,_H_ar~e_r'_s_B~azaar ranked the Petitioner,___ __ ___, in the 
article,",__ _____________ ~· Accordingly, the Petitioner has demonstrated 
the required sustained national or international acclaim. See section 203(b)(l)(A) of the Act. 
Furthermore, the Petitioner established that she has walked a multitude of runways, including opening 
and closing at fashion shows. In addition she has been featured at the top four international fashion 
week events inl 11 I, and The followin sam les of media covera e 
re orted on her artistic exhibitions: ' 
,...__ ___ _._....__ ___________________ ~ ___ ___.'and,__ __ ~ 
Moreover, the Petitioner 
demonstrated that the field's demand for her resulted in modeling for prestigious and leading brands, 
such asl 11 11 I and D In fact, models.com wrote that "[r]ecently in 
I lmodel watchers marked [the Petitioner] as one to watch after shel lthe much anticipated 
I khow with an exclusive." As such, the Petitioner has shown that she 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 demonstrated that based on her popularity and reputation, she commands 
a high salary placing her among the small percenta e at the ver to of her field. See 8 C.F.R. 
§ 204.5 h 2 . Indeed, Vo ue commented that 
,.__ __________ ___, " As further evidence of her status in the field, the record contains 
recommendation letters setting her significantly apart from other fashion models, such as "[the 
Petitioner's] name is repeatedly on every designer's and casting director's radar for shows" and "[t]he 
quality and caliber of her modeling work keeps her on total recall of key fashion editors and casting 
directors which speaks to firmly establish her international model status and acclaim." 
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); 
Kazarian, 596 F.3d at 1119-20. See also Matter of Price, 20 l&N Dec. 953, 956 {Assoc. Comm'r 
1994). 
1 See also USCIS 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 ADll-14 4 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html (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). 
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111. 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 wi II substantially benefit prospectively the United States. She therefore qualifies 
for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
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