dismissed O-1B Case: Film Direction

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-F-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 13,2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a production company, seeks to temporarily employ the Beneficiary as a film director 
in the motion picture or television industry. To do so, the Petitioner seeks 0-1 nonimmigrant visa 
classification, available to foreign nationals who can demonstrate a record of extraordinary 
achievement, and whose achievements have been recognized in the field through extensive 
documentation. See Immigration and Nationality Act (the Act) section I OI(a)(l5)(0)(i), 8 U.S.C. 
§ llOI(a)(IS)(O)(i). 
The Director of the California Service Center denied Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the Petitioner did not satisfy, as required, the evidentiary criteria applicable 
to individuals of extraordinary ability in the motion picture or television industry: nomination for or 
receipt of a significant national or international prize or award, or at least three of six possible forms of 
documentation. 8 C.F.R. § 214.2(o)(3)(v)(A)-(B). 
On appeal, the Petitioner asserts that the Director did not properly consider .the record and maintains 
that the evidence satisfies the regulatory requirements. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
As relevant here, section 101(a)(15)(0)(i) ofthe Act establishes 0-1 classification tor an individual who 
has, with regard to motion picture and television productions, a demonstrated record of extraordinary 
achievements that have been recognized in the field through extensive documentation, and who seeks to 
enter the United States to continue work in the area of extraordinary ability. Department of Homeland 
Security (DI-IS) regulations include the following definition: "Extraordinary achievement with respect 
to motion picture and television productions, as commonly defined in the industry, means a very 
high level of accomplishment in the motion picture or television industry evidenced by a degree of 
skill and recognition significantly above that ordinarily encountered to the extent that the person is 
recognized as outstanding, notable, or leading in the motion picture or television field." 
Next, DHS regulations set forth the initial evidentiary criteria for establishing an individual's record 
of extraordinary achievement. First, a petitioner can demonstrate the beneficiary's nomination for, or 
Matter of D-F-. LLC 
receipt of, significant national or international awards or prizes in the particular field such as an 
Academy Award, an Emmy, a Grammy, or a [)irector's Guild Award. 8 C.F.R. § 214.2(o)(3)(v)(A). 
If the petitioner does not otTer this information, then it must submit sufficient qualifying exhibits that 
satisfy at least three of the six categories of evidence listed at 8 C.F.R. § 214.2( o )(3)(v)(B)(l)-( 6). 
The submission of documents satisfying the initial evidentiary criteria docs not, in and of itself, 
establish eligibility for 0-1 classification. See 59 Fed. Reg. 41818, 41820 (Aug. 15, 1994) ("The 
evidence submitted by the petitioner is not the standard for the classification, but merely the 
mechanism to establish whether the standard has been met."). Accordingly, where a petitioner 
provides qualifying evidence satisfying the initial evidentiary criteria, we will determine whether the 
totality of the record and the quality of the evidence shows eligibility under section 10 I (a)( 15)(o )(i) 
of the Act and 8 C.F.R. § 214.2(o)(3)(ii), (v).' 
II. ANALYSIS 
Absent evidence of a nomination for or receipt of a significant national or international prize or 
award, the Petitioner seeks to demonstrate the Beneficiary's sustained acclaim and recognition of 
achievements through evidence corresponding to the six evidentiary criteria at 8 C.F.R 
§ 214.2(o)(3)(v)(B). The Director determined that the Beneficiary satisfied only one criterion -
significant recognition for achievements from organizations, critics, government agencies, or other 
recognized experts under 8 C.F.R § 214.2(o)(3)(v)(B)(5). The Petitioner maintains that the 
documentation satisfies three additional criteria. As discussed below, we find that the evidence docs 
not meet at least three criteria, as required. 
Evidence that the alien has performed, and will perform, services as a lead or 
starring participant in productions or events which have a distinguished reputation 
as evidenced by critical reviews, advertisements, publicity releases, publications 
contracts. or endorsements. 8 C.F.R. § 2l4.2(o)(3)(v)(B)(/). 
The Director determined that the Beneficiary has performed as a lead in productions or events that 
have a distinguished reputation. Although we agree that, as a film director, the Beneficiary has 
performed as a lead participant, we do not concur that he participated "in productions or events 
which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity 
releases, publications contracts, or endorsements" as required under the regulation at 8 C.F.R. 
§ 214.2(o)(3)(v)(B)(l). At the initial filing, the Petitioner did not claim the Beneficiary's eligibility 
for this criterion. However, in the request for evidence, the Director stated that the Beneficiary has 
performed as a lead in productions or events with distinguished reputations without explaining her 
determination or indicating what evidence she found to establish the distinguished reputations of the 
productions. Moreover, the record does not contain "critical reviews, advertisements, publicity 
1 See also Mauer ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010), in which we held that, "truth is to be determined not 
by the quantity of evidence alone but by its quality." 
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Maller of D-F-. LLC 
releases , publications contracts, or endorsements" demonstrating the distinguished reputatio ns of the 
production s or events. 
With regard to the prospective element of this criterion, the Director found that the Petitioner did not 
establish that the Beneficiary will perform in a lead for production s or events with a distinguished 
reputation as evidenced by the required documentation. On appeal, the Petitio ner s ubmits 
screenshots from and showing photographs and displaying captions of current 
production s for and In addition, the Petition er provides screenshots from 
Indiegogo describing the upcoming production , and requesting support for the film. The 
documentation , however , does not amount to "~ritica l review s, advert isements, publicity releases, 
publications contracts, or endorsements" consistent with the regulation at 8 C.F.R. 
§ 214.2(o)(3)(v)(B)(l). Furthermore, the Petitioner did not show that the evidence reflects the 
distinguished reputations of the productions. Accordingly, the Petitioner did not dem onstrate that 
the Beneficiary meets this criterion. 
Evidence that the alien has achieved national or international recognilion .for 
achievements evidenced by critical reviews or other published materials by or about !he 
individual in major new.\papers. trade journals. magazines, or other publications. 
8 C.F.R. § 214.2(o)(3)(v)(B)(2). 
The Petitioner argues that the Director inserted language in her decision that went beyond the plain 
language of this regulatory criterion by indicating that its published materials did not retlect 
"ac hievement s that are significantly above what is ordinarily encountered in the industry. " In order 
to satisfy this criterion, the regulation at 8 C.F.R . § 214.2( o )(3)(v)(B)(2) requires that "the alien has 
achieved national or international recognition tor achievemen ts" without showing its achievements 
are significantly above what is ordinarily encountered. 2 
While the record contains published materials, they do not reflect that the Benefici ary achieved 
national or international recognition for achievements. Specifically, the Petition er provided an 
article from that discusses communication between a film directo r and camera 
operator; the article does not mention the Beneficiary. In addition, the Petitioner submitted a 
screenshot from ria.m that is about the budget of a film and only mentions the Benefici ary one time 
as being the film director. Neither publication is refle~tive of the Beneficiary garnering nationa l or 
international recognition for achievements in major newspapers, trade journals, magazines, or other 
publications. 
In addition, the Petitioner presented material reflecting interviews of the Beneficiary in 
and as well as self-authored articles in and 
1 
The appropriate determination regarding the significance of the Beneficiary's achievements would be in an analysis of 
whether the record as a whole demonstrates extraordinary achievements in the motion picture and television industry. 
Here, because the Petitioner has not satisfied the initial evidentiary requirements for the reasons discussed in this 
decision, we need not perform such an analysis. 
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Mau er of D-F-. LLC 
The documentation, howe ver, does not dem onstrate that these materials show national or 
international recognition for the Beneficiary 's work "in major newspa pers, trade journals , 
magazin es, or other publications" as ·required by this regulator y c riterion. Although the Petitioner 
provided biographic information for groundreport.com and circu lation n umbers for 
(75,000) , (70 ,000) , and (20,500) , it did not demonstrate that such infor mation and 
figures demonstrate major publications. 3 Moreov er, the Petitioner submits excerpts from the 20 11 
highlighting the circulation numbers for the 
Russian magaz ine, and the Ukraini an m agaz ine, however, it did not explain how 
those magazines relate to the Beneficiary's publications or show that his material is conside red to be 
major newspapers, trade journals, magazines, or other publications . For these reasons, the Petitioner 
did not demon strate that the Beneficiar y satisfies this criterion. 
Evidence that the alien has received significant recognition for achievem ents .fi'om 
organizations. critics, government agencies, or other recognized experts in the fi eld 
in which the alien is engaged. Such testimonials must be in a for m which clearly 
indicates the author 's authority, expertise,. and knowledge of the alien's 
achievements. 8 C.F.R. § 214.2(o)(3)(v)( B)(5). 
The Direct or d etermined that the Beneficiary met this criterion. The record contains testimonials 
indicating the Beneficiary's receipt of an award at an international tilm festival for his film, 
Accordingly, we agree with the Directo r's finding that the Beneficiary satisfies this crite rion. 
Evidence that the alien has either commanded a high salary or will command a high 
salary or other substantial remuneralion jiJr services in relation to others in the field. as 
evidenced by contracts or other reliable evidence. 8 C.F.R. § 214.2 (o )(3)(v)(B)(6). 
On appeal , the Petitioner claims the Beneficiary's eligibility for this criterion for the first time. As the 
Petitioner d oes not include evidence showing that the Beneficiary will prospectively comman d a high 
salary, it must demonstrate that the Beneficiary has pr~viously commanded a high salary in relation to 
others in the field. The Petitioner provides evidence of the Beneficiary's income at 
in the Ukraine. In addition , the Petitioner offers scree nshots from elenamodels.com highlighting the 
average monthly salaries in the Ukraine for aviators, "[a]rts, sport, entertainment and recreation," and 
"[a]rts, entertainment and recreation." Further, the Petitioner submits screcnshots trom telekritika.ua 
showing the 
average monthly salaries for television channel directors, such as news, big shows, and 
tina! news. Finally, the Petitioner presents screenshots from tradingeconomics .com regarding average 
monthly wages in the Ukraine . 
Although the Petitioner provides the Beneficiary's monthly wages for his work with 
he did not establish that he commanded a high salary to other film directors in the Ukraine. 
Instead, as indicated above, the Petitioner compar es the Beneficiary' s salary to Ukraini an aviators; the 
3 The record does not include infonnation regarding 
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Mauer of D-F-; LLC 
broad field of arts, sports, and entertainers; television news directors; and overall workers m the 
Ukraine. Accordingly, the Petitioner did not establish that the Beneficiary meets this criterion. 
Ill. CONCLUSION 
The record does not contain evidence of the Beneficiary's nomination for or receipt of a significant 
national or international award or prize, or at least three of six listed categories of documents. 
8 C.F.R. § 214.2(o)(3)(v)(A)-(B). Accordingly, the Petitioner has not established that the Beneficiary 
is eligible for the 0-1 visa classification as a foreign national with extraordinary ability in the motion 
picture or television industry. 
ORDER: The appeal is dismissed. 
Cite as MallerofD-F-. LLC, ID# 1394598 (AAO June 13, 2018) 
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