sustained EB-1A Case: Painter

U.S. Department of Homeland Security 
identieing dm deleted to 
prevent clearly unwarranted 
invasion of personal privacj 
U.S. Citizenship and Immigration Services 
Office ofAdministrntive Appeals, MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: 
 AUG 2 5 2009 
LIN 08 001 54832 
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 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
F. Grissom 
Acting Chief, Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained and the petition will be approved. 
The petitioner seeks classification as an "alien of extraordinary ability" in the arts, 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 sustained national or international acclaim necessary 
to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel submits a brief and additional evidence. While not all of counsel's assertions are 
persuasive, for the reasons discussed below, we find that the director erroneously dismissed certain 
achievements as inherent to the field without considering the level of these achievements as 
documented by independent objective evidence. 
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 into the United States will substantially benefit 
prospectively the United States. 
U.S. Citizenship and Immigration Services (USCIS) and legacy Immigration and Naturalization Service 
(INS) have consistently recognized that Congress intended to set a very high standard for individuals 
seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (Nov. 29, 
1991). 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. $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. § 204.5(h)(3). Ultimately, the petitioner must show that he 
has sustained national or international acclaim at the very top level. 
This petition seeks to classifjr the petitioner as an alien with extraordinary ability as a painter. The 
regulation at 8 C.F.R. fj 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, internationally 
recognized award). Barring the alien's receipt of such an award, the regulation at 8 C.F.R. 
fj 204.5(h)(3) outlines the following ten criteria, at least three of which must be satisfied for an alien to 
establish the sustained acclaim necessary to quali@ as an alien of extraordinary ability. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields; 
(iii) Published material about the alien in professional or major trade publications or 
other major media, relating to the alien's work in the field for which classification is 
sought. Such evidence shall include the title, date, and author of the material, and any 
necessary translation; 
(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of 
the work of others in the same or an allied field of specialization for which classification 
is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- 
related contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional 
or major trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases; 
(viii) Evidence that the alien has performed in a leading or critical role for organizations 
or establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office 
receipts or record, cassette, compact disk, or video sales. 
Page 4 
While we concur with the director that reference letters, while important, cannot form the cornerstone 
of a successful petition in this classification, the petitioner submitted extensive documentary evidence 
to support the reference letters in this matter. Specifically, the petitioner submitted conf~rmation of his 
service as a judge or jury member at national events such as the competition jointly organized by Clean 
Energy Nepal, the World Wildlife Fund and the British Embassy. The petitioner also submitted 
programs and press coverage documenting the showcase of his art at major Nepali art exhibitions such 
as Impressions of Manang, Heat Beat in commemoration of World AIDS Day and Old Man's Mirror (a 
collaboration of Nepali and Dutch artists) as well as outside Nepal at Open Atelier in Holland. These 
exhibits are well beyond the typical gallery shows inherent to the field. The record also documents the 
petitioner's role as President of the Nepali non-governmental social organization Living Eden Art 
Foundation (LEAF). In support of the significance of LEAF and the petitioner's role for LEAF, the 
petitioner submitted media coverage of multiple events organized by LEAF, many of which quote the 
petitioner as its president. Finally, at least consistent with our finding of eligibility, the petitioner 
submitted evidence of his receipt of a first position contemporary art award in 2007 at a national 
exhibition organized by the Artists' Society of Nepal. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
petitioner has established, consistent with Matter of Price, 20 I&N Dec. 953 (Act. Assoc. Comrn'r. 
1994), 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 United States. The petitioner 
has established that his entry into the United States will substantially benefit prospectively the United 
States. Therefore, the petitioner has established eligibility for the benefit 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.