sustained EB-1A Case: Film Festival Producer

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PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: - 
office: CALIFORNIA SERVICE CENTER 
 Date: JUN 3 0 2m6 
WAC 04 014 52369 
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. 5 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. 
UkD- 
%~obert P. Wiemann, Chief 
Administrative Appeals Office 
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DISCUSSION: The Director, California Service Center, denied the employment-based immigrant 
visa petition, which 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 "alien of extraordinary ability7' pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(A). The director 
determined the petitioner had not established the beneficiary's requisite national or international 
acclaim. 
On appeal, counsel asserts that the director wrongly narrowed the beneficiary's field to his current 
occupation and ignored large amounts of evidence. While not all of counsel's assertions are persuasive, 
we find that the petitioner has established the beneficiary's eligibility for the classification sought. 
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. 5 204.5(h)(2). 
An alien, or any person on behalf of the alien, may file for classification under section 203(b)(l)(A) of 
the Act as an alien of extraordinary ability in science, the arts, education, business, or athletics. Neither 
an offer of employment nor a labor certification is required for this classification. 
The specific requirements for supporting documents to establish that an alien has achieved sustained 
national or international acclaim are set forth in regulations at 8 C.F.R. $ 204.5(h)(3). The relevant 
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criteria will be discussed below. It should be reiterated, however, that the petitioner must show that the 
beneficiary has sustained national or international acclaim at the very top level. 
According to Part 6 of the petition, this petition seeks to classifL the beneficiary as an alien with 
extraordinary ability as an executive director for a nonprofit organization that produces a film festival in 
several major U.S. cities. On appeal, counsel asserts that the director erred in considering this 
occupation as the beneficiary's only field and, thus, not considering the beneficiary's past history as a 
musician. We concur with the director that the beneficiary's past accomplishments as a musician are 
not relevant to these proceedings. The regulation at 8 C.F.R. § 204.5(h) requires the beneficiary to 
"continue work in the area of expertise." The beneficiary does not seek to continue working as a 
musician. Rather, he seeks to work as an executive director of his foundation. A musician and an 
executive director of a nonprofit foundation, even one involved in promoting the arts, rely on very 
different sets of basic skills. Thus, we will only consider the beneficiary's accomplishments as a 
film festival producer. 
The regulation at 8 C.F.R. § 204.5(h)(3) presents ten criteria for establishing sustained national or 
international acclaim, and requires that an alien must meet at least three of those criteria unless the alien 
has received a major, internationally recognized award. Review of the evidence of record establishes 
that the petitioner has in fact met three of the necessary criteria. 
Documentation of the alien S receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner initially submitted the beneficiary's 2002 Golden Satellite "Special Award" fkom the 
International Press Academy. In response to the director's request for additional evidence, the 
petitioner submitted a 1997 Third Place Key Art Award. The award was issued to the advertising firm 
that designed posters for the beneficiary's film festival. The petitioner also submitted an Israeli award 
that postdates the filing of the petition. 
The director concluded that the petitioner had not demonstrated the significance of these awards or that 
the beneficiary received them. The director then addressed major internationally recognized awards 
although the petitioner never claimed that the beneficiary had such an award. Finally, the director 
concluded that the beneficiary's awards were local. 
On appeal, counsel asserts that the beneficiary is so identified with the petitioner that any awards won 
by the petitioner should be considered as the beneficiary's awards. Counsel further asserts that local 
awards from a major source of films, Hollywood, should not be considered local in scope. 
We concur with the director that the beneficiary cannot be credited with the marketing award issued to 
the firm that produced the posters for his film festival. Moreover, the Israeli award was issued after the 
date of filing and, thus, cannot be considered evidence of the beneficiary's eligibility as of that date. 
See 8 C.F.R. § 103.2(b)(12); Matter of Katigbak, 14 I&N Dec. 45,49 (Reg. Comrn. 1971). 
The director's other concerns, however, do not appear to relate to all of the awards in the record. 
Specifically, the Golden Satellite Award was issued to the beneficiary, not the petitioner. As such, the 
beneficiary is clearly the recipient of this award. As this award was issued by the International Press 
Academy, there is no obvious indication that the award is "local" such that competition is less than 
nationwide. Nevertheless, the petitioner failed to submit evidence that the award is nationally 
recognized. Specifically, the record lacks evidence that the announcement of the nominations and final 
awardees garner the type of media attention that nationally recognized entertainment awards such as the 
Ernrny's or Golden Globes receive. 
While the petitioner has not established that the beneficiary meets this criterion, the Golden Satellite 
Award is notable and compliments the remaining evidence of the beneficiary's eligibility. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the jield for which classijication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner submitted copious evidence of press coverage, much of which features the beneficiary's 
film festival. That said, the record contains articles that do primarily feature the beneficiary in JUF 
News, Forward, the Los Angeles Times, The New York Times, The Chicago Jewish News, The Jewish 
Journal of Greater Los Angeles, Newsday and The Jerusalem Post. 
The director acknowledged this evidence and stated: 
An alien cannot satisfy the criterion by establishing that his or her name has appeared in 
print. Citation of the work of others is expected and routine in the fields of sciences, 
arts, education, business or athletics. The petitioner does not establish national or 
international acclaim just by demonstrating that the beneficiary's work has been cited in 
print. 
Counsel does not directly address this criterion on appeal. The director's analysis, however, is not 
persuasive. The published materials submitted are not mere citations of the beneficiary. In fact, the 
beneficiary has not authored any articles that others might cite. 
 Rather, the petitioner submitted 
independent journalistic coverage of the beneficiary individually. While not all of these articles appear 
in newspapers demonstrated to be major media, we do not question that the Los Angeles Times and The 
New York Times are major media. Moreover, several of the articles that are about the beneficiary's film 
festival feature large sections about the beneficiary himself. We do not agree with the director that this 
type of media coverage is "expected and routine" in the beneficiary's field. 
In light of the above, the petitioner has established that the beneficiary meets this criterion. 
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Evidence of the alien's original scient$c, scholarly, artistic, athletic, or business-related 
contributions of major signijicance in thejield. 
The director stated merely that the "evidence submitted is insufficient to meet this criterion." We find 
more discussion of this criterion is warranted. The beneficiary is the founder and executive director of 
a series of film festivals that has expanded significantly during its 19 years prior to the date of filing. 
The festivals gamer significant media attention. The former Prime Minister of Israel, Shimon Peres, 
not only issued letters of welcome for the festivals, but attended at least two of them. The festival co- 
chairs include David Geffen, Michael Ovitz and Ted Turner. Steven Spielberg's company, Arnblin 
Entertainment, is one of the sponsors. While the petitioner did not submit sufficient evidence to 
establish the full significance of his Golden Satellite Award, it was issued for "Outstanding Devotion 
and Commitment in Promoting the Best of Israeli Films through the Israel Film Festival in the United 
States." Thus, the award is another factor to consider under this criterion. 
Given the long-term success and growth of the film festival founded by the petitioner and the media 
attention the festival achieves, we are satisfied that he meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The beneficiary is the founder and executive director of the petitioning nonprofit organization. The 
petitioner sponsors the Israeli Film Festival, in its 19" year when the petition was filed. At that time, 
the festival garnered significant media coverage in the major media and took place in Los Angeles, 
Chicago, Miami and New York. 
The director concluded that the reference letters submitted did not establish the beneficiary's 
extraordinary ability in his occupation. On appeal, counsel asserts that the evidence most strongly 
supports this criterion and that the director erred in dismissing such evidence. 
We find that the director's analysis does not relate to this criterion. At issue for this criterion are the 
role the beneficiary plays for an organization and the reputation enjoyed by that organization. The 
director did not discuss either factor. Clearly the founder and executive director for a nonprofit 
organization plays a leading or critical role for that organization. Moreover, the significant media 
coverage garnered by the film festivals adequately establishes the distinguished reputation enjoyed by 
the petitioner nationally. As such, the petitioner has established that the beneficiary meets this 
criterion. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
petitioner has established that he has been recognized as an alien of extraordinary ability who has 
achieved sustained national acclaim and whose achievements have been recognized in his field of 
expertise. The petitioner has established that he seeks to continue working in the same field in the 
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United States. Therefore, the petitioner has 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. 5 1361. The petitioner has sustained that burden. 
ORDER: 
 The decision of the director is withdrawn. The appeal is sustained and the petition is 
approved.