sustained EB-1A Case: Shoe Design

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-D-S-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 25,2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a shoe designer, seeks classification as an individual of "extraordinary ability" in the 
arts. See Immigration and Nationality Act (the Act) section 203(b )(1 )(A), 8 U.S.C. § 1153(b )(1 )(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, Texas Service Center, denied the petition. He concluded that the Petitioner did not satisfY 
the initial evidence requirements set forth at 8 C.F.R. § 204.5(h)(3), which necessitates either 
1) documentation of a one-time major achievement, or 2) materials that meet at least three of ten 
regulatory criteria listed under 8 C.F.R. § 204.5(h)(3)(i)-(x). 
The matter is now before us on appeal. In her appeal, the Petitioner maintains that the Director erred in 
finding she did not meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3)(i)-(x). 
She further states that she is one of the small percentage who is at the very top of the field, and that she 
has sustained national or international acclaim. See 8 C.F.R. § 204.5(h)(2), (3). 
Upon de novo review, we will sustain the Petitioner's appeal. For the reasons discussed below, the 
Petitioner has established her eligibility for the classification sought. 
I. LAW 
The Petitioner may demonstrate her extraordinary ability through sustained national or international 
acclaim and achievements that have been recognized in her field through extensive documentation. 
Specifically, section 203(b)(l)(A) of the Act states: 
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, 
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Matter of A-D-S-
(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 sustained 
acclaim and the recognition of her achievements in the field through a one-time achievement (that is a 
major, internationally recognized award). If she does not submit this documentation, .then she must 
provide sufficient qualifying evidence that meets at least three of the ten criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 201 0) (discussing a tw.o-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. USCJS, 772 F. Supp. 2d 1339 (W.O. Wash. 2011), affd , 683 
F.3d. 1030(9th Cir. 2012); Matter ofChawathe , 25 I&N Dec. 369, 376 (AAO 2010) (holding that 
the "truth is to be determined not by the quantity of evidence alone but by its quality" and that U.S. 
Citizenship and Immigration Services (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"). Accordingly, ~here a 
petitioner submits qualifying evidence under at least three criteria, we will determine whether the 
totality of 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. 
II. ANALYSIS 
The Director concluded that the Petitioner met the published material criterion under 8 C.F .R. 
§ 204.5(h)(3)(iii). The record supports this finding. published an article entitled 
in its magazine, which credited the Petitioner for the "rebirth" of "the world's 
most reliable footwear" - is one of Canada's top newspapers based on 
circulation and readership. The Petitioner has therefore met the published material criterion. 
The Director also found that the Petitioner met the leading and critical role criterion under the 
regulation at 8 C.F.R. § 204.5(h)(3)(viii). The record supports this conclusion. The Petitioner has 
demonstrated that she performed a leading or critical role as the lead designer for brand shoes. 
She was the lead and only designer for the brand. She was "charged with the conceptualization of 
the design, choosing the materials, textures, color schemes, manufacturing details, .and all decisions 
related to creating the line." The Petitioner has also documented that the brand has a 
distinguished reputation. She has presented published materials from numerous well-known fashion 
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(b)(6)
Matter of A-D-S-
magazines, including and that recommended shoes to their 
readers. The Petitioner has therefore met the leading or critical role criterion. 
The Petitioner has submitted evidence showing that she meets the criterion for display at artistic 
exhibitions or showcases under 8 C.F.R. § 204.5(h)(3)(vii). As the lead designer for the 
Petitioner collaborated with a clothing and shoe designer with an international 
reputation, to create a collection of footwear for displayed their collaborative 
efforts in fashion shows. One publication commented on the unique display of and the 
Petitioner's designs. Another article stated that and [the Petitioner] have worked 
together to create a line of shoes that pay homage to 50's-style footwear, while simultaneously 
embracing the contemporary young woman who scours vintage stores in search of collectible to 
sprinkle into her wardrobe." The Petitioner has presented proof of the display of her work in artistic 
showcases, and has therefore met this criterion. 
B. Final Merits Determination 
As the Petitioner has submitted the reqms1te initial evidence, we will conduct a final merits 
determination. We will consider the entire record in the context of whether she has demonstrated: 
(1) that she enjoys a level of expertise indicating that she is "one of a small percentage who have 
risen to the very top of the field"; and (2) that she has sustained national or international acclaim and 
that her achievements have been recognized in the field. See section 203(b )(1 )(A) of the Act; 8 
C.F.R. § 204.5(h)(2), (3); see also Kazarian , 596 F.3d at 1119-20. Based on the documentation, and 
consistent with Matter of Price, 20 I&N :pee. 953 (Act. Assoc. Comm'r 1994), the Petitioner has 
made the requisite showing. 
The Petitioner is an established shoe designer who has contributed to the success of well-known 
brands. She began working for in 1999, and designed shoes that reestablished the 
brand. According to a 2002 article, are hip, and credit for the recent rebirth of the 
brand goes largely to [the Petitioner,] a young shoe designer in The Petitioner then 
started her position with another shoe brand, in 2003. As first designer, she designed 
for the entire brand. She "revolutioniz[ ed]" its busines~ plan, changing it from "buyer based to label 
exclusivity." the director of Product Services and Design, verified that the 
Petitioner's work had "a very tangible impact on the increase in customer loyalty, 
profitability, and international visibility." She stated that the Petitioner had contributed to making 
an internationally known shoe line. 
After the Petitioner became the only designer for where she revamped and revitalized 
the a senior footwear line builder at affirmed that 
the Petitioner was responsible for "the design and revitalization of [the brand and thus [for] its 
being catapulted into the spotlight and featured in the world's most authoritative fashion magazines." 
indicated that the Petitioner "conceptualized, designed and executed all of brand 
shoesf Anything creative that came from the label came directly from her, and therefore the 
success of as a company was 100% contingent on [the Petitioner.]" a 
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(b)(6)
Matter of A-D-S-
founder of a public relations agency, provided that the Petitioner's designs moved "into new 
stratosphere of success." the vice president of sales at which 
owns the brand, noted that "[t]here is no one besides [the Petitione~] who can be credited with 
the design of the brand as it returned to glory and there is no one els;e 'who can be credited [for] 
its commercial success." explained that the brand "goes back 137 years," and that 
it is an "internationally respected" brand based, in part, on its "classic which has 
remained relevant in the fashion industry through the years. 
Experts in the industry, including and confirmed that the 
field has recognized the Petitioner's achievements. They indicated that the Petitioner created a shoe 
trend and her designs had a significant impact on the fashion industry. stated that the 
Petitioner's and designs appeared in multiple 
influential fashion magazines, became 
favorite shoes of celebrities, and inspired many "knock-off' versions from other shoe designers and 
manufacturers. offered that the Petitioner's influence in the field "is absolutely 
undeniable" and noted that she "took an existing style that had faded into the past and reinvented it, 
adding a modem edge, so that it became wildly popular." verified that the Petitioner's 
designs "are known throughout the world" and "many have emulated her styles." 
Similarly, indicated that the Petitioner is "the known designer of the 
and through her designs, she "created a trend" that was copied by well-known designers and 
labels. stated that the Petitioner's "re-design of the classic style influenced the entire 
fashion industry in one fell swoop." the chief executive officer of 
offered that the Petitioner "transformed the simplistic style and revolutionized the brand to 
bring a modem edge causing a revitalization of a passed beloved style and creating a new trend." 
provided that the Petitioner "has influenced the field of women's footwear" because she is 
one of "a rare few of the greats [who] have been successful in starting a full blown nation[ wide] 
trend." noted that the Petitioner "is known far and wide on an international scale by 
anyone who has any relationship to footwear design." Particularly, the Petitioner is "responsible for 
the resurgence of the classic shoe arid the concluded that "[t]o single 
hand~dly bring a style back from the dead, with subtle changes to give it a more modern flare, [as 
the Petitioner has done,] is to reach the apex of the fashion industry." 
The published materials in the record 
verified that the Petitioner is one of a small percentage who 
has risen to the very top of the field. Many widely read and high profile fashion journals, which 
called "the bibles of the fashion world," featured the Petitioner's shoes in their editorial 
pages and style guides. These publications recommended the Petitioner's shoes to their readers, and 
offered styling suggestions. noted that these magazines "determine the brands that 
people purchase," and their editors "only select the most influencing designs - designs that show 
trends and trend leaders." Similarly, major media in Canada, validated the Petitioner's 
top status in the field. It profiled her work and her contributions in bringing fresh and chic shoe 
designs to that reestablished the brand in: the fashion industry. 
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(b)(6)
Matter of A-D-S-
Many major retailers sell shoes that the Petitioner designed, either as its lead designer, or in 
collaboration with These stores include 
and noted that "known throughout the 
world as carrying the most 
elite brands and styles," decided to carry brand shoes~ because of the 
Petitioner's designs. stated that the Petitioner "must be given 100% credit" for 
reinventing and allowing the brand to "achieve [its] commercial goal of being sold at the up­
scale fashion retailer, Similarly, credited the success of her brand to the 
Petitioner, indicating that the Petitioner "played an enormous part in the design concepts" and "was 
predominantly responsible for the line." 
Finally, the Petitioner has submitted evidence substantiating her 
international acclaim as a shoe 
designer. stated that the Petitioner "is truly one of the most talented designers of our 
time," and "has significantly influenced the field of fashion by bringing 2 sho[e] classics back into 
the spotlight and is responsible for catapulting an already well known company to the next 
level of success." indicated that the Petitioner "has influenced the industry" and "is 
one of the very best in this field." He further noted that the Petitioner is "renowned among other 
high profile fashion designers," "she's renowned among the many celebrities who have worn her 
designs," and she has reached the "pinnacle of the field as a designer with international recognition." 
confirmed that, "without any doubt, hesitation or hyperbole[, the Petitioner's] reach 
and her reputation is absolutely international" and that "[her] designs are known throughout the 
world and can be seen in internationally circulated publications." 
The evidence includes the Petitioner's past and current employment, the success that she brought to 
these employers, the impact and significance of her designs in the fashion industry, the frequency of 
her designs appearing in prominent fashion publications, and the reference letters that attested to her 
acclaim. The record, in the aggregate, confirms that she enjoys a level of expertise consistent with a 
finding that she is one of a small percentage who has risen to the very top of the field of endeavor, 
that she has sustained national or international acclaim, and that her achievements have been 
recognized in the field of expertise. See section 203(b)(l)(A) of the Act; 8 C.F.R. § 204.5(h)(2), (3); 
see also Kazarian, 596 F.3d at 1119-20. Accordingly, the Petitioner has established by a 
preponderance of the evidence that she is eligible for the exclusive classification sought. 
III. CONCLUSION 
The Petitioner has submitted qualifying evidence under at least three of the ten evidentiary criteria 
and has documented that she has attained a "level of expertise indicating that [she] is one of that 
small percentage who have risen to the very top of the field of endeavor" and "sustained national or 
international acclaim." The Petitioner's achievements have been recognized in her field of expertise. 
She has shown that she seeks to continue working in the same field in the United States and that her 
entry into the United States will substantially benefit prospectively the United States. Therefore, the 
Petitioner has demonstrated her eligibility for the benefit sought under section 203 of the Act. 
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Matter of A-D-S-
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 ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, the Petitioner 
has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of A-D-S-, ID# 17626 (AAO Aug. 25, 2016) 
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