sustained EB-1A Case: Public Relations

U.S. Citizenship 
and Immigration 
Services 
In Re : 15878036 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 12, 2021 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a public relations professional, seeks classification as an individual of extraordinary 
ability . See Immigration and Nationality Act(the Act) section 203(b )(1 )(A),8 U.S.C . § 1153(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 denied the petition, concluding that although the 
Petitioner established that he satisfied the initial evidence requirements for this classification, the 
record did not establish his sustained national or international acclaim and demonstrate that he is 
among the small percentage at the very top of the field of endeavor. The matter is now before us on 
appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361 . Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b )(1) of the Act makes visas available to immigrants with extraordinary ability 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. 
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 that petitioner does not submit this evidence, then 
he or she must provide sufficient qualifying documentation that meets at least three of the ten crite1ia 
listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such as awards, published material in ce1iain 
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. USCJS, 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. 20l3);Rijalv. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
II. ANALYSIS 
The record reflects that the Petitioner is currently employed as the Director of Communications, USA 
fo~ I He has nearly 20 years of experience in the media and public relations field, 
including 13 years performing in senior roles for major internationad I 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that he has received a major, internationally 
recognized award, he must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner submitted evidence in support of six of the ten criteria, 
and the Director determined that the Petitioner met three of those evidentiary criteria, relating to 
judging, leading or critical roles, and high salary, at 8 C.F.R. § 204.5(h)(3)(iv), (viii), and (ix). The 
Director then proceeded to a final merits determination and concluded that the Petitioner did not 
demonstrate that he has sustained national and international acclaim an dis among the small percentage 
at the very top of his field. 
On appeal, the Petitioner asserts that he meets at least one additional criterion, related to published 
materials in professional or major trade publications or other major media, at 8 C.F.R. 
§ 2 04. 5 (h )(3 )(iii). He also maintains that the Director's decision failed to discuss much of the relevant 
evidence submitted in support of the petition and thus did not properly consider the record in its 
entirety when evaluating his eligibility for the benefit sought. 
We agree with the Director's determination that the Petitioner has satisfied at least three of the 
regulatory criteria. Accordingly, we will evaluate the totality of the evidence, including evidence the 
Petitioner submitted in support of the published materials and other criteria, in the context of the final 
merits determination below. 
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B. Final Merits Determination 
In a final merits determination, we evaluate whether the Petitioner has demonstrated, by a 
preponderance of the evidence, that he has sustained national or international acclaim, that his 
achievements have been recognized in the field through extensive documentation, and that he is among 
the small percentage who have risen to the very top of the field of endeavor. See section 
203(b )(1 )(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3);see also Kazarian, 596 F.3d at 1119-20. 1 After 
evaluating the evidence in the aggregate, we conclude that the Petitioner has demonstrated that his 
achievements are reflective ofa "career of acclaimed work in the field" as contemplated by Congress. 
H.R.Rep.No.101-723,59(Sept.19, 1990). 
After beginning his career in publishing and operating a public relations consulting business in the 
I I industry, the Petitioner has spent the last 13 years of his career in senior, public-facing 
communications and public relation roles formajorinternationall I includin§~------~J 
I l(2007to2013),I 1(2013-2015),andl l(since2015). Theevidence 
establishes that the Petitioner has held critical or leading roles with each of thesel I that 
contributed significantly to the companies' profits, image, and brand awareness, while also garnering 
the Petitioner individual acclaim and recognition as an expert in his field. 
The record reflects that the Petitioner first earned international recognition in the industry for 
~-------~award-winningl tpublic relations and social media campaign 
in 2010, in which more thaQcouples competed to participate in the world's I I 
L JI I Deputy CEO and Executive Vice President for 
'~--------~Icon-firms that the Petitioner "initiated the idea and concept," and managed all 
aspects of this campaign. She notes that the campai~" arnered media attention worldwide," "quickly 
became the most covered ro-active news item in histo " and earned the airline "instant 
recognition within the communities across the 
globe." further states: .__ ______ ____. 
No otherllitiative has come close to what thel !campaign 
achieved~, [the campaign] is one of the most memorable! lindustty 
campaigns in history. The campaign was widely reco ized as exceptional, earnin a 
I IA ward for best advertising campaign from a leadin 
news website; and the title of Innovator of the Year from the r----,. _____ _J 
I !Association; and much more recognition in the,___ _ _,industry and 
beyond. 
In addition to the awards mentioned above, w._.,._.. ........................... ~1-documented in the record, the Petitioner 
and! I were nominated fo "PR of the Year Award" and I ts 
Digital Communications Awards in the category in 2011. 
1 See also USCTS Policy Memorandum PM 602-0005. I, Evaluation of Evidence Submitted with Certain Form I-140 
Petitions; Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJJ-14 4 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/H1MUPolicyManual.html (stating that USCIS officers should then evaluate the 
evidence together when considering the petition in its entirety to determine if the petitioner has established by a 
preponderance of the evidence the high level of expertise of the immigrant classification). 
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,__ ____ ~I President of the '----------,------------,,__ ___ __. which 
awarded the above-referenced "Innovator Award" to confirms that the 
Petitioner "created and led the campaign and acce ted the award on behalf of.__ ____ ____,' He 
explains that "what [ the Petitioner] did with his campaign ... was highly innovative 
and indeed ground breaking" as "the,__ ___ ~ campaign launched to the mainstream media 
worldwide and th~ I social media campaign."! I states that thel I 
invited the Petitioner personally to give a presentation of his successful strategy at its 2011 convention. 
He also credits the campaign with highlighting "the importance and relevance of thd I 
and states that "[t]he succes~ af this carooai: paved the way for otherl I brands to market 
themselves more openly to th~ _ I with a more mainstream approach." Other industry 
leaders who provided letters in support of the petition similarly discuss the influence of the campaign. 
~----_____.I and others also emphasize that the ~-------~ Campaign received 
"overwhelmingly positive media coverage worldwide" and the fact that the Petitioner, as the 
spokesperson for the campaign, was "featured extensively on TV, in radio and in print on a global 
level." The record contains ample evidence of the Petitioner's media appearances in this prominent 
spokesperson role (including an appearance on the BBC World New~ b. 
The record also demonstrates that the Petitioner himself was the featured subject of interviews in 
L------,r----'-'frofessional and trade publications such as I I and inD I ~s 
leadin agazine, in the years following the campaign. He also appeared on Good Morning 
~-____,to offer his insight as a specialist in marketing to thel_ I The Petitioner has 
demonstrated that, since relocating to the United States in 2015, he continues to be consulted by leaders 
in thL I sector who regard him as an expert and seek his insi t into initiatives aimed at 
maki~ I more inclusive. I I founder of.__ _________ ____. anl I 
communications and marketing company that represents Fortune 500 corporations, states in his letter 
that the Petitioner "has remained a leader in thel I' since the launch of thee:==] 
I I campaign. He states that the '"campaign has had a lasting impact on the globalc=] 
industry, even a decade later." Based on this and other evidence in the record, the Petitioner has 
demonstrated that he garnered sustained recognition in his field as a result of his work on this highly 
successful campaign fo~ I 
I former Vice President of Corporate Communications atl I states that th~ I 
~re_c_ru-it_e_d-th_e_P~etitionerto head the launch of itsl I service on the strength of his recognized 
success with thel I campaign and his reputation for creating innovative PR and media 
strategies. She explains that he had overall responsibility to launch c=Jto the worldwide media 
through a PR strategy and campaign that he devised, and emphasizes that the campaign "generated 
more than 2. 7 billion media impressions and media value of over $7 .0 million within two weeks of its 
launch." I l's successor,L~--~ states that the I I campaign "significantly 
overshadowed any other PR efforts ~~--~fshisrory." She also hi~lights 1"' the Petitioner 
initiated and spearheaded a humanitarian relief to Haiti that earned recognition as a 
finalist in the Social Good Awards' category. 
As noted
1 
since 2015, the Petitioner has served in the executive role of Director of Communications, 
USA, fot1 I and he has provided evidence that he is compensated at a rate that is high 
compared to others in comparable positions...__ _______ _, Chief Communications Officer at 
~---------~I states that the Petitioner was recruited to be the company's firstU.S.-based 
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employee, and~-·,· edia-facing spokesperson for the brand in the United States. In two 
detailed letters, highlights the Petitioner's implementation of award-winning campaijs, 
his leadership of the 's corporate social responsibility work, and his role asl _'s 
delegate in meetings and events with governors, senators, and mayors across the United States. She 
states that "[t]he U.S. is nowl~---~ts largest market by revenue and [the Petitioner] holds the 
highest management position in this market." She also emphasizes that he "has become one of the 
most sought-after and covere~ !spokespeople in the U.S." 
The supporting evidence corroborates! i's statements and demonstrates that the Petitioner 
has sustained and built on his acclaim and recognition in the field during his tenure atl I 
This evidence includes data from] I, a public relations and earned media software company 
and services provider, which indicates that the Petitioner's media mentions in 2019 ranked second 
among individuals serving in a director of communications roles forl I. I I 
President otLJ public relations firm! lstates that the Petitioner "is one of 
the key reasons behini Is monumental growth success here in the United States" and "one 
of the most prominen _ I spokespeople here in the United States. '1 I managing 
partner of independent marketing and communications firml I also comments on the 
Petitioner's status as "one of the most highly ranked spokespeople in te1ms of media appearances 
within thd I industry as a whole, a truly notew01ihy achievement given thatl I is 
much smaller than its competitors" in the U.S. market. 
.__ __ ___,I also credits the Petitioner with being "at the forefront of supp~o_rt_in~-~ 
his focus on various minorities." These efforts were recognize ........... ........_. ____ .........., ................................... .....,, 
Inclusion Award at the 20 I~ I which was c1·..=e-=a.:..:te:...::d=--b=:....L.L---~----r-----~a==.n 
online social community primarily for I iof color. '---..------.---'CEO of 
~xplains that the Petitioner has "whole-heartedly supported~_~of color acro.__ss_a_w-id_e_r_a_n-ge_. 
,__o_f-in__,itiatives" durin~e atl I including initiation of workshops and press/influencer 
trips aimed solely atL_Jinfluencers and journalists who are people of color. I lstates 
that although the Innovator Award feature~ ht is [the Petitioner's] valued efforts and 
initiatives that are at the core of this award," and "we deeply appreciate his game-changing dtersity I 
~s both now and moving forward." The record reflects that the Petitioner served on the 
L_J Panel at thel 12020 event and that he continues to be fre[uently Invited to speak 
on podcasts, industry panels, and other platforms on subjects related to marketing and 
communications, based on his status as a recognized expert in the industry. 
When considered in the aggregate with the evidence discussed above, the record demonstrates that the 
Petitioner's achievements are reflective of a "career of acclaimed work in the field" as contemplated 
by Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990). We conclude that the record supports a 
finding that the Petitioner has achieved the required sustained national and international acclaim and 
is among the small percentage at the top of his field of endeavor. See 8 C.F.R. § 204.5(h)(2)-(3). 
III. CONCLUSION 
The Petitioner has shown that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 2 04. 5 (h )(3 )(i)-(x ). He has also demonstrated, by a preponderance of the evidence, sustainednational 
acclaim and that his achievements have been recognized through extensive documentation. Finally, 
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he has also established that he intends to continue working in his area of expertise and that his 
admission will benefit prospectively the United States. He therefore qualifies for classification as an 
individual of extraordinary ability. 
ORDER: The appeal is sustained. 
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