sustained EB-1A Case: Film Director

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
IN RE: 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 
 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
$ Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner seeks to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A), as an alien of 
extraordinary ability. The director determined the petitioner had not established that the beneficiary has 
earned the sustained national or international acclaim necessary to qualify for classification as an alien of 
extraordinary ability. 
On appeal, counsel argues that the beneficiary meets at least three of the regulatory criteria required for 
classification as an alien of extraordinary ability. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the 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 
(iii) the alien's entry to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 
9 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or international acclaim and recognition in his or her field of expertise are set forth in the regulation 
at 8 C.F.R. 4 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that the beneficiary has earned sustained national or international acclaim at the very 
top level. 
This petition, filed on February 9,2004, seeks to classify the beneficiary as an alien with extraordinary ability 
as a film director. 
The regulation at 8 C.F.R. 8 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
Page 3 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which 
must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. We find that the petitioner's evidence satisfies the following three criteria. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for which clmsiJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet this criterion, it must be primarily about the beneficiary and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualifL 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national or international level from a local publication or from a publication in a language that 
most of the population cannot comprehend. Some newspapers, such as the New York Times, nominally serve a 
particular locality but would qualify as major media because of significant national distribution, unlike small local 
community papers.' 
The petitioner submitted articles about the beneficiary appearing in major media such as The Toronto Star, 
the National Post, and the Times News Network. Therefore, we find that the petitioner's evidence satisfies 
this criterion. 
Evidence of the alien's participation, either individually or on a panel, as a judge ofthe work of 
others in the same or an alliedfield of speciJication for which classiJication is sought. 
The petitioner submitted evidence showing that the beneficiary "served as a judge for the Best Short Film 
Category at the Indian Film Festival of Los Angeles." We find that the evidence submitted by the petitioner 
is adequate to satisfy this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The petitioner submitted evidence indicating that films the beneficiary has directed have been shown at the 
Toronto International Film Festival, American Film Institute Festival, Chicago International Film Festival, 
Philadelphia Festival of World Cinema, Montreal Film Festival, and Flanders International Film Festival. 
The petitioner also submitted evidence showing that the beneficiary's film Maya was the first runner up for 
the People's Choice Award at the Toronto International Film Festival in 2001 and that the film received 
award nominations at the Flanders International Film Festival and at the Chicago International Film Festival. 
While not adequate to satisfy the criterion at 8 C.F.R. § 204.5(h)(3)(i), the beneficiary's second place at the 
Toronto International Film Festival and other award nominations are adequate to distinguish his work from 
I 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, cannot 
serve to spread an individual's reputation outside of that county. 
Page 4 
that of the other directors whose films were featured at these festivak2 We find that the evidence submitted 
by the petitioner is adequate to satisfy this criterion. 
Accordingly, the beneficiary has satisfied three of the regulatory criteria required for classification as an alien 
of extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, the 
beneficiary qualifies for the classification sought. 
In this case, the totality of the evidence establishes an overall pattern of sustained national acclaim and 
extraordinary ability. The petitioner has also established that the beneficiary seeks to continue working in the 
same field in the United States and that his entry into the United States will substantially benefit prospectively 
the United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
established eligibility for the benefits sought under section 203 of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. fj 1361. The petitioner has sustained that burden. Accordingly, the decision of the director denying 
the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved. 
The plain language of the criterion at 8 C.F.R. 5 204,5(h)(3)(i) requires receipt of "nationally or internationally 
recognized prizes or awards" [emphasis added] rather than a nomination or finishing as the "runner up" for a prize.