sustained EB-1A Case: Photography

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-A-T-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 23,2015 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a photographer, seeks classification as an "alien of extraordinary ability" in the arts. See 
Immigration and Nationality Act (the Act) § 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). The Director, 
Texas Service Center, denied the employment-based immigrant visa petition. The matter is now 
before us on appeal. The appeal will be sustained. 
The classification the Petitioner seeks makes visas available to foreign nationals 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 
determined that the Petitioner had satisfied the initial evidence requirements set forth at 8 C.F.R 
§ 204.5(h)(3), which requires documentation of a one-time achievement or evidence that meets at 
least three of the ten regulatory criteria, but the Director found that the Petitioner did not 
demonstrate that he was one of the small percentage who has risen to the very top of his field and 
has sustained national or international acclaim. On appeal, the Petitioner submits a brief and 
additional documentation. For the reasons discussed below, we find that the Petitioner meets the 
statutory and regulatory requirements for the classification sought. 
I. LAW 
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, 
Matter of L-A-T-
(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 H.R. 723 101 st Cong., 2d Sess. 59 
(1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). The term "extraordinary ability" refers only to 
those individuals in that small percentage who has risen to the very top of the field of endeavor. Id.; 
8 C.F.R. § 204.5(h)(2). 
The 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 achievements in the field through evidence of 
a one-time achievement (that is, a major, internationally recognized award). If the petitioner does not 
submit this evidence, then he must submit sufficient qualifying evidence that meets at least three of the 
ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
The submission of evidence relating to at least three criteria, however, does not, in and of itself, 
establish eligibility for this classification. See Kazarian v. USCIS, 596 F.3d 1115 (91h Cir. 2010) 
(discussing a two-part review where the evidence is first counted and then, if satisfying the required 
number of criteria, considered in the context of a final merits determination). See also Rijal v. 
USCIS, 772 F.Supp.2d 1339 (W.D. Wash. 2011) (affirming USCIS' proper application of Kazarian), 
aff'd, 683 F.3d. 1030 (91h Cir. 2012); Visinscaia v. Beers, 4 F.Supp.3d 126, 131-32 (D.D.C. 2013) 
(finding that USCIS appropriately applied the two-step review); Matter of Chawathe, 25 I&N Dec. 
at 376 (holding that the "truth is to be determined not by the quantity of evidence alone but by its 
quality" and that USCIS examines "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"). 
II. ANALYSIS 
A. Evidentiary Criteria 
We find that the Petitioner's evidence meets the following four categories of evidence under 8 C.F.R. 
§ 204.5(h)(3). 
Documentation of the alien's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 
The Director determined that the Petitioner did not establish eligibility for this criterion. The plain 
language of the regulation at 8 C.F.R. § 204.5(h)(3)(i) requires "the alien's receipt" of a prize or 
award that is "nationally or internationally recognized" as "prizes or awards for excellence in the 
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(b)(6)
Matter of L-A-T-
field of endeavor." A review of the record of proceeding reflects that the Petitioner submitted 
sufficient documentary evidence establishing that he meets the plain language of the regulation at 
8 C.F.R.§ 204.5(h)(3)(i). Therefore, the Director's determination on this issue will be withdrawn. 
The Petitioner submitted documentary evidence reflecting that he received the at 
the : in the "Words & Pictures" category for the article, 
. published in The Director's decision cited to the website reflecting 
that the "Words & Pictures" category honors "[a]ny article that relies for its impact on the successful 
integration of text and visuals as inseparable elements," and the Director found that the Petitioner did 
not demonstrate that his award was based on 
excellence. A review of the Petitioner's 
documentation, including website, reflects that the Petitioner received the top award, and the 
Petitioner submitted sufficient documentary evidence, such as national and international media 
coverage, reflecting that the qualify as lesser nationally or internationally recognized awards 
for excellence in the field. 
Accordingly, based on the preponderance of the evidence, the Petitioner meets the plain language of 
this regulatory criterion. 
Published material about the alien in professional or major trade publications or 
other major media, relating to the alien 's work in the fieldfor which classification is 
sought. Such evidence shall include the title, date, and author of the material, and 
any necessary translation. 
The Petitioner submitted documentation of published material about him in professional or major 
trade publications or other major media relating to his photography field including an article in 
Accordingly, the evidence supports the Director's finding that the Petitioner 
meets this regulatory criterion. 
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 specification for which classification is 
sought. 
The Petitioner submitted documentation showing that he served as a judge for photography 
competitions such as the Mobile Photography Awards. Accordingly, the evidence supports the 
Director's finding that the Petitioner meets this regulatory criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases. 
The Petitioner submitted documentation reflecting that he displayed his work at artistic exhibitions 
or showcases including the in Canada. Accordingly , the evidence supports 
the Director's finding that the Petitioner meets this regulatory criterion . 
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(b)(6)
Matter of L-A-T-
B. Summary 
The Petitioner has submitted the requisite initial evidence, in this case, evidence that satisfies four of the 
ten regulatory criteria. 1 
C. Final Merits Determination 
The next step is a final merits determination that considers all of the evidence in the context of whether 
or not the Petitioner has demonstrated: (1) a "level of expertise indicating that the individual is one of 
that small percentage who have risen to the very top of the[ir] field of endeavor," 8 C.F.R. 
§ 204.5(h)(2); and (2) "that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Section 203(b)(l)(A) of the Act; 8 C.F.R. 
§ 204.5(h)(3). See also Kazarian , 596 F.3d at 1119-20. 
In the present matter, the Petitioner has submitted extensive documentation of his achievements in 
the photography field and has demonstrated a "career of acclaimed work in the field" as contemplated 
by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). The evidence provided is sufficient to 
demonstrate the Petitioner 's sustained national and international acclaim as a photographer , and that 
his achievements have been recognized in the field of expertise. Based on a preponderance of the 
evidence, the submitted documentation shows that the Petitioner is among that small percentage who 
has risen to the very top of the field of endeavor. 
The Petitioner received the a nationally and internationally recognized 
award for excellence in his field, and a number of lesser known awards for his work including the 
and several Applied Arts A wards. Furthermore, the Petitioner has 
published material 
about him in magazines, such as and has judged recent photography 
competitions including the and the Moreover, the 
Petitioner has displayed his work at a number of diverse international exhibitions and showcases. In 
addition, the Petitioner submitted reference letters that highlight his achievements and demonstrate his 
sustained national and international acclaim in his field. The Petitioner has been a frequent 
photographer for as well as for some other notable publications such as _ 
and Senior Photo Editor for indicated that the magazine has utilized 
the Petitioner's "signature and one of his photographs was later deemed as 
"one of our Best Photos of Also, Deputy Photo Editor for 
stated that she has commissioned the Petitioner several times for his "beautiful and 
unique" portrait photography. While we need not 
accept unsupported conclusory assertions, 2 the 
evidence of record, including evidence not discussed in this decision, supports these conclusions. 
1 Although the Petitioner asserted his eligibility for the leading or critical role criterion pursuant to the regulation at 8 
C.F.R . § 204.5(h)(3)(viii), the Petitioner did not submit sufficient documentary evidence demonstrating that he met the 
plain language of the regulatory criterion. 
2 See 1756, Inc. v. The Attorney General o.fthe United States, 745 F. Supp. 9, 15 (D.C. Dist. 1990). 
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Matter of L-A-T-
In light of the evidence discussed above and other corroborating evidence of record, the Petitioner's 
achievements are commensurate with sustained national and international acclaim at the very top of his 
field. 
III. CONCLUSION 
The Petitioner has submitted evidence qualifying under at least four of the ten categories of evidence 
and established a "level of expertise indicating that the individual is one of that small percentage who 
have risen to the very top of the[ir] field of endeavor" and "sustained national or international acclaim." 
The Petitioner's achievements have been recognized in his field of expertise, and he has shown 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, he has established eligibility for the benefit sought under section 203 of the Act. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter ofL-A-T-, ID# 13336 (AAO Sept. 23, 2015)