sustained EB-1A Case: Nail Art

U.S. Citizenship 
and Immigration 
Services 
In Re : 25234474 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR . 22, 2023 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a nail design artist and manicurist, seeks classification as an individual of extraordinary 
ability . See Immigration and Nationality Act (the Act) section 203(b )(1 )(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 concluded the Petitioner satisfied at least three of the ten 
initial evidentiary criteria for the classification, but denied the petition, detennining that she did not 
demonstrate her sustained national or international acclaim and that she was among the small 
percentage at the very top of her field of endeavor. The matter is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review , 
we will sustain the appeal. 
I. LAW 
Section 203(b )(1 )(A) of the Act makes immigrant visas available to individuals with 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; who seek to enter the United States to continue work in the area of 
extraordinary ability; and whose 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 
international recognition of his or her achievements in the field through a one-time achievement (that 
is, a major, internationally recognized award) . If the petitioner does not submit this evidence, then he 
or she must provide sufficient qualifying documentation that meets at least three of the ten criteria 
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). 
II. ANALYSIS 
As discussed, the Director concluded the Petitioner established three of the criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i) - (x), specifically that: 1) there was published material about her in professional or 
major trade publications or other major media related to her work pursuant to 8 C.F.R. 
§ 204.5(h)(3)(iii), 2) she participated as a judge of the work of others in her field as specified in 
8 C.F.R. § 204.5(h)(3)(iv), and 3) she authored scholarly articles in her field as indicated by 8 C.F.R. 
§ 204.5(h)(3)(vi). We agree with the Director's determination that the Petitioner has met at least three 
of the initial criteria at 8 C.F.R. § 204.5(h)(3). 
As the Petitioner submitted the requisite initial evidence, we will evaluate whether she has 
demonstrated, by a preponderance of the evidence, her sustained national or international acclaim, that 
she is among the small percentage at the very top of her 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 their 
successes are sufficient to demonstrate that they have 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. 
The Director concluded that the record did not demonstrate the Petitioner's sustained national or 
international acclaim and that she was among the small percentage at the very top of her field of 
endeavor. For the reasons discussed below, we conclude that the Petitioner has met her burden of 
proof to establish, by a preponderance of the evidence, that she is eligible for the benefit sought. 
The Petitioner is a native of Russia asserting that she is an award-winning nail artist and master of the 
manicure and pedicure arts. The Petitioner contends that she has contributed to the industry through 
the introduction of innovative methods and techniques in stamping, airbrushing, and nail treatment. 
The record reflects that the Petitioner has received international acclaim for her work including 
winning 14 awards at seven international nail and beauty competitions in Russia, Italy, New York, 
Poland, and the Netherlands. The supporting evidence indicates that these awards were given by a 
mix of international industry experts in her field. The evidence further reflects that the Petitioner is a 
member of the International East European Beauty Association (IEEBA) and a reference letter from 
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this organization's president acknowledges her contributions to the field as a judge, instructor, and 
coach in the nail art industry. 
In addition, the Petitioner provided several online articles highlighting her as a leading presence in the 
field in her country and documentation reflecting her wide involvement as a representative and judge 
in international nail and beauty competitions, including in New York, Japan, the United States, Qatar, 
Egypt, and Russia. The Petitioner's wide participation as a judge in international nail and beauty 
competitions, along with other representatives from around the world, indicates that she is a leading 
figure in the nail design and manicure industry in her country. 
The Petitioner also submitted numerous reference letters from prominent individuals within the nail 
design industry credibly discussing her contributions and acclaim within the field, advanced and novel 
nail design techniques, creation of innovative nail instruction courses and master classes, advanced 
knowledge of nail disease and treatment, and aesthetically pleasing and visually interesting nail 
designs. The provided support letters indicate that it is more likely than not that the Petitioner has 
wide influence in her country's nail industry and that industry leaders from around the world attest to 
her acclaim in the field. Likewise, the Petitioner submitted documentation reflecting that she 
contributed five scholarly articles to trade articles in the industry. The provided evidence further 
supports a conclusion that the Petitioner has worked in a leading role as a nail design lecturer for the 
a a specialized nail design center in Russia, and that she has delivered 
lectures, workshops, and seminars, and developed innovative educational materials for these 
programs. 
Based on this evidence of the Petitioner's achievements and earned recognition, as well as other 
evidence not discussed above, she has demonstrated her extraordinary ability as a nail design artist 
and manicurist and established that she has a "career of acclaimed work in the field" as contemplated 
by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). The totality of the evidence establishes 
that the Petitioner possesses a level of expertise that is consistent with a concluding that she is one of 
a small percentage at the very top of the field of endeavor and that she has the required 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 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 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 her work will substantially 
benefit the United States prospectively. Therefore, the Petitioner qualifies for classification as an 
individual of extraordinary ability. 
ORDER: The appeal is sustained. 
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