dismissed O-1B Case: Illustration

U.S. Citizenship 
and Immigr ation 
Services 
In Re: 8756874 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Admin istrative Appeals Office 
Date: JULY 14, 2020 
Form I-129, Petition for Nonimmig rant Worker (Extrao rdinary Ability - 0 ) 
The Petitioner, an agent, seeks to classify the Beneficiary, an illustrator, as a foreign national of 
extraordinary ability in the arts. To do so, the Petitioner seeks 0-1 nonimmigrant classification, available 
to foreign nationa ls who can demonstrate their extraordinary ability through sustained national or 
international acclaim and whose achievements have been recognized in the field through extensive 
documentation. See Immigration and Nationality Act (the Act) section 101(a)(15)(O)(i), 8 U.S.C. 
§ 1 I0I(a)(l5)(O)(i). 
The Director of the California Service Center denied the petition , concluding that the Petitioner did 
not satisfy, as required, the evidentiary criteria applicable to individuals of extraordinary ability in the 
arts, either a significant national or international award or at least three of six possible forms of 
documentation. 8 C.F.R. § 214.2( o )(3)(iv)(A)-(B). 
On appeal, the Petitioner asserts that the previou sly submitt ed evidence establishes that the Beneficiary 
meets at least three of the initial evidentiary criteria and is otherwis e qualified for the benefit sought. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de novo review, we will dismiss the appea l. 
I. LAW 
As relevant here, section 10l(a)(15)(O)(i) of the Act establishes 0-1 classification for an individual who 
has extraordinary ability in the sciences, arts, education, business, or athletics which has been 
demonstrated by sustained national or international acclaim, whose achievements 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 (DHS) regulations define 
"extraordinary ability in the field of arts" as "distinction," and "distinction" as ''a high level of 
achievement in the field of arts evidenced by a degree of skill and recognition substantially above that 
ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well­
known in the field of arts." 8 C.F.R. § 214.2(o)(3)(ii). 
Next, DHS regulations set fo1th the evidentia1y criteria for establishing a beneficiary 's sustained 
acclaim and the recognition of achievements. A petitioner must submit evidence either of ·'significant 
national or international awards or prizes" such as "an Academy Award, an Emmy, a Grammy, or a 
Director's Guild Award," or of at least three of six listed categories of documents . 8 C.F.R. 
§ 214.2(0 )(3)(iv)(A)-(B). If the petitioner demonstrates that the listed criteria do not readily apply to the 
beneficiary's occupation, it may submit comparable evidence to establish eligibility. 8 C.F.R. 
§ 214.2(o)(iv)(C). 
The submission of documents satisfying the initial evidentiary criteria does 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 
mechani sm to establish whether the standard has been met.") Accordingly, where a petitioner 
provides qualifying evidence satisfying the initial evidentia1y criteria, we will dete1mine whether the 
totality of the record and the quality of the evidence shows extraordinary ability in the arts. See section 
10l(a)(l5)(o)(i) of the Act and 8 C.F.R. § 214.2(o)(3)(ii), (iv). 1 
II. ANALYSIS 
The record shows that the Beneficia1y was approved for 'E=.Lnoni, lllligrant classification to attenO 
____ _ ollege of Design between 2015 and 2018 in .... L ______ California. She subsequ ently was 
approved for optional practical training between 2018 and the date when the Petitioner filed the 
petition on May 18, 2019 durin which time she worked as an illustrator o "lrc_uectsJ ox 
companies including Studio, _______ ,, ______ _ 
Studios, and._ ___ ptudios.2 The Petitioner s[ eks_4 ave the ~ ork as an illustrator and 
illustration instructor in the United States for Studios,IIIIIIIIIIIIII College of Design,_ _ 
___ Agency, and ____ Expo. The record contains copies of the Beneficimy's employment 
agreements with those companies, her agent contract with the Petitioner, and an itinerary. 
A. The Beneficiary's Eligibility under the Evidentiary Criteria 
Because the Petitioner has not indicated or established that the Beneficiary has been nominated for or 
received a significant national or international award or p1ize, she must satisfy at least three of the 
alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iv)(B)(J)-(6). The Director found that the 
Petitioner met only two of the evidentiary criteria at 8 C.F.R. § 214.2( o )(3)(iv)(B)( 1)-( 6), the criteria 
relating to lead or starring participation in distinguished productions or events at 8 C.F.R. 
§ 214.2(o)(3)(iv)(B)(l) and high salm·y at 8 C.F.R. § 214.2(o)(3)(iv)(B)(6). On appeal, the Petitioner 
maintains that the evidence satisfies four additional alternate criteria. After reviewing all the evidence 
in the record, we find that the exhibits do not satisfy at least three of the evidentiary criteria at 8 C.F.R. 
§ 214.2(o)(3)(iv)(B). 
1 See also Matter of Chawathe, 25 T&N Dec. 369, 376 (AAO 2010) , in which we held that, "tr uth is to be determined not 
by the quantity of evidence alone but by its quality. " 
2 The records of the U.S. Citizenship and Immigration Services (USC IS) indicate tb.aLsubsequent to the filing of the 
r1e.tiricID.Jb.eJl_e.r,eficiary was approved for F-1 nonimmigrant classification to attenJ .___ ... College of A1t and Design in 
.... L ____ ....,,Califomia. 
2 
Evidence that the alien has perfonned, 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 endorsemen ts. 8 C.F.R. § 214 .2(o)(3)(iv)(B)(l). 
The Director determined that the record establishes that the Beneficiary has performed and will 
perform as a lead or starring pmticipant in productions or events which have a distinguished reputation. 
Upon review, the record suppo1t s the Director's determinati on. The Petitioner has submitt ed evidence 
in the form prescribed sufficient to establish that the Beneficiary satisfies the criterion. The Petitioner 
has submitted evidence establishing the distinguished reputation of the animated series 
- We find that, based on the Beneficiary's past and proposed role as one of four illustrators on 
the series, that the Petitioner has established that the Beneficiary has performed and will perform in a 
lead or stmTing role for productions or events which have a distinguished reputation . 
Based on the above, the Petitioner has established that the Beneficiary satisfies the requirements of this 
regulatory criterion. 
Evidence that the alien has achieved national or international recognition for 
achievements evidenced by critical reviews or other published materials by or about the 
individual in major newspapers, trade journals, magazines, or other publications. 
8 C.F.R. § 214.2(o)(3)(iv)(B)(2). 
The Director detennined that the Petitioner did not satisfy this criterion. We agree. Specifically, the 
Petitioner did not demonstrate published material about the Beneficiary in major newspapers, trade 
journals, magazines, or other major media . The record retlects that the Petitioner submitted a short 
article published on the websites pe.com and ocregister.com after the 2018 premiere of the movie 
The article, showing the Beneficiary's fan art of the fashion looks of several actresses 
in the film posted on her Twitter page, notes that she is a student at the ____ college of Design, 
and indicates that the works are for sale. The record also contains scree nshots from 
characterdesignreferences .com, nguoi-viet.com, and voyagela.com reflecting interviews of the 
Beneficiary. Howeve r, the evidence submitted does not demonstrate that those websites are a major 
medium .3 
The Petitioner offered screenshots from Similar Web regarding rankings and ''traffic overview" for 
pe.com, and ocregister.com. For example, Similar Web reflects that the website has a global rankin g 
of 77,537, a country ranking of 16,284, and total visits of "95 1.S0K." It also indicates that 
ocregister.com has a global ranking of 27,057, a country ranking of 5,212, and total visits of "3 .03M." 
In addition, Similar Web shows that characterdesignreferences.com has a global ranking of 183,842, 
a country ranking of 135,087, and total visits of "3 12.63K." Further, Similar Web provides that nguoi­
viet.com has a global ranking of 25,024, a country ranking of 5,805, and total visits of "2.55M," and 
3 The record also reflects screenshots from kotaku.com showing some of the Beneficiary 's artwork, and from 
conceptartempi re.com reflecting an interview of the Beneficia1y, however, these articles were published subsequent to the 
filing of the petition on May 18, 2019. The Petitioner must establish that all eligibility requiremen ts for the immigration 
benefit have been satisfied from the time of the filing and continuing through adjudication. 8 C.F.R. § I 03.2(b)(I). 
3 
voyagela.com has total visits of "144.S0K." However, although she provides evidence relating to 
general Internet traffic estimators, the Petitioner did not show the significance of those rankings and 
viewing statistics or explain how such information reflects status as a major medium. For example, 
the evidence did not sufficiently establish that the on-line circulation of those publications is high 
compared to other circulation statistics. 4 
The Petitioner also offered screenshots from Similar Web regarding rankings and "traffic overview" 
for dailynews.com. However, the Petitioner did not demonstrate that any of the submitted mticles 
were posted on dailynews.com. Moreover, for the reasons discussed above, although the Petitioner 
presented screenshots from Similar Web relating to Internet rankings and traffic for dailynews.com, 
she did not explain the significance of such statistics and how they reflect the website's status as major 
media. 
In light of the above, the Petitioner has not established that the Beneficiary satisfies the eligibility 
requirements of this regulatory criterion. 
Evidence that the alien has pe,form ed, and will pe,jorm, in a lead, starring, or critical 
role.for organizations and est,ablishments that have a distinguished reputati on evidenced 
by articles in newspapers, trade journals , publications, or testimonials. 8 C.F.R. 
§ 214.2(o)(3)(iv)(B)(3) . 
To meet this criterion, the Petitioner cites to evidence pertaining to the Beneficiary's past and proposed 
work as an illustrator. A lead or starring role should be apparent by its position in the overall 
organizational hierarchy and through the role's matching duties. A c1itical role should be apparent from 
a beneficia1y's impact on the organization or the establishment's activities. A beneficiary's performance 
in this role should establish whether the role was critical for the organization or establishment as a 
whole. The Director concluded, and we agree, that those materials do not satisfy this crite1ion. 
Specifically, the Director detennined that the Beneficiary's perfonnance s were consistent with those 
of an illustrator but did not establish that she performed in a lead, staITing, or critical role for those 
organizations. 
Regarding the Beneficiary's past work experience, the Petitioner provided an employment verification 
letter from a studio manager and creative producer with the animation studio 
Studio, who provides that the Beneficiary worked as an illustrator on the 
re series "which has been pitched to several production companies," and 
on "currently in development." also indicates that the Beneficiary 
contributed as a background artist on the animation series, which "is expected to be 
purchased for development in the near future." She asserts that the Beneficiary's artworks were 
"crucial" to those productions, and that she was a "tremendous asset" to 
Studio. 
4 In addition, we note that the translation accompanying the article published on nguoi-viet.co m is not accompanied by a 
translator cett ification which states that the provided translat ion from the Vietnamese to English language was comp lete 
and accurate, and that the translator is competent to translate from the foreign language into English , in accordance with 
8 C.F.R. § 103.2(b)(3) . 
4 
- CEO of advertising agency, states that the Beneficiary played a lead role for 
a project for an important client, ____________________ producing a 
children's book and branded merchandise for the launch of a new creamery. He indicates that the 
Beneficiary's "illustration skillset was a critical support to our design team for this project." While 
_____ .-id - speak very favorably of the Beneficiary's work on specific projects, they 
did not indicate that they considered the Beneficiary responsible for their company's reputation in 
advertising or animation design. 
In two letters, an artwork director at Studios, indicates that the 
Beneficiary worked as a background ait ist on the network's upcoming animated television se1ies 
He provides that as "one of only three artists" for the show the Beneficiary's 
work was "crncial for the successful completion of this production." He states that the Beneficiary's 
work was "outstanding" and "she completed it so quickl that we were able to keep our project on 
schedule." He describes her as "a tremendous asset to --------
a supervising producer for animated television at 
Beneficiary worked as a backgrom1d, props and character designer for which 
she describes as a new 52-episode series in the franchise which will be produced in 
China. She states that the Beneficiary was responsible for all backfround, prop, and character designs 
and was "essential to the production." In addition, I an art director for •-•Studios, 
states that the Beneficiary, as one of only four artists for the series, has a critical role in its successful 
completion. - also asserts that "[g]iven her inlpressive abilities and versatility as a creator, 
[the Beneficiary] has become indispensable to •••' however, he does not specifically articulate 
how the Beneficiary impacted( 'studio' s achievements or reputation. 
The reference letters submitted by the Petitioner are not without weight and have been considered 
above. USCIS may, in its discretion, use as advisory opinions statements submitted as expert 
testimony. See Matter (i Caron International, 19 l&N Dec. 791, 795 (Comm'r. 1988). However, 
USCIS is ultimately responsible for making the final determination regarding a foreign national's 
eligibility for the benefit sought. In addition, such letters from experts supporting the petition is not 
presumptive evidence of eligibility; USCIS may evaluate the content of those letters as to whether 
they support the foreign national' s eligibility. Upon review, the letters do not detail how the 
Beneficiary perfonned in a lead, starring, or critical role for Studio, -
Design, •-----■Studio s, or - Studios. 
While a company's staff may consider the Beneficiary's achievements to be of great benefit to the 
company, the focus of this criterion, based on the plain language of the regulation, is the Beneficiary's 
role itself. Although the letters speak highly of the Beneficiary's performance, they do not establish 
her "lead," "starring," or "critical" role. The letters show that her work was consistent with that of a 
background illustrator and they describe her as having achieved results that met or exceeded the 
company's expectations. The letters do not establish that her role as an illustrator has been a lead, 
stan-ing, or critical role for those companies. For example, ______ - ____ -
- and - do not distinguish the Beneficiary's position from those of the company's 
other illustrators, establish how her position fit within the overall hierarchy of the organizations, or 
demonstrate that she was responsible for the companies' success or standing to a degree consistent 
5 
with the meaning of a "critical role ." In addition , the fact that the Beneficia ry may have played a lead , 
staning or critical role in several productions is not sufficient to satisfy this criterion's requirements. 
The letters do not reflect detailed, proba tive information demonstrating the specific nature and 
outcomes of her roles with the respecti ve businesses. The record also does not contain the required 
documentary evidence in the form of rrticles i.tL.newsnaoer.,;~ t\ ade j ournals,_12,ublicat-4?ns or 
testimonials pertaining to the reputation of ___________ ... JStudio or ____ _ 
In additio n, the Petition er must establish that the Benefic iary will provide services as a lead or starring 
parti cipant for organizations or establishment s that have a distinguishe? r 0~ 4 ion. The em lo ment 
agreemen ts ~ubat the Beneficiaiy will work as an illustrator for Studios, ____ _ 
Agency, an~,.__L_ ___ _, xpo, and as an illustration instructor fo _______ College of Desi~. More 
~ continue to work as a "starr ing background desi ner" for[ J Studio 's 
lllllllllllllll series. In addition, her agreement with Agenc indicates the 
Beneficia ry will be the illustrator for the recipe and sto boo .----- by autho1 _____ _ 
Further, the Beneficiary will be "a stan-ing artist" for ____ xpo. 1 inally the Beneficiary will be 
teaching illustration at the - School of Design in a class titled --.---,. ,-.-.... The plain 
language of the regulation requires "[ e ]vidence that the alien bas performed, and wil perform, in a 
lead, starring or critical role for organizations or establishments that have a distinguished reputation ." 
(Emph asis added .) The evidence does not demonstrate how the Beneficiary 's role as an 
illustrator/illustration instructor rises to the level of a lead, starring or critical role for those com panies. 
While the Petitioner has established the Beneficiary 's job title on the upcoming illustration and 
instruction projects, the subm itted evidence does not describe how the Beneficiary will contribute to 
those com panies as a whole or how her position fits within the overall hierarchy of the com panies. 
The Petitioner also has not provided evidence in the form rr uire.d. suf11cient to demonstrate that the 
_____ School of Design, _______ gency , or _____ .... J Expo enjoy a distingui shed 
reputation. 
In light of the above, the Petitioner has n ot established that the Beneficiary satisfies this evidentiary 
criterion. 
Evidence that the alien has a record of major commercial or critically acclaimed 
successes as evidenced by such indicators as title, rating, standing in the fie ld, box 
office receipts, motion picture or television ratings, and other occupational 
achievements reported in trade journals, major newspapers, or other publications. 
8 C.F.R. § 214.2(o)(3)(iv)(B)(4). 
This criterion specifically requires documentation of commercially or critically acclaimed successes as 
reported in publications. In the Benefici ary's field, evidence satisfying this criterion would reasonably 
includ e evidenc e of box office receipts, motion picture or television ratings, and similar evidence of 
tangible achievements in the illustration industry. The Director dete1mined the evidence submitted does 
not satisfy this criterion, and the record supports that conclusion. 
5 The Petition(>~ tj er asserts that the Benefic iary performed in a lead, starring or critical role for her published book of 
drawings i and that its distinguished reputation is evidenced by the fact that it "is availab le at the college level." 
The Petitioner has not established, however, that a book constitutes an ··organization or establishment" within the meaning 
of this regulatoiy crite1ion. 
6 
The Petition er has subm itted materials from reative Quarterly magazin e, confirming that in 
2019 the Beneficia ry's artwork submission --i.. as selecte d as a runner-up in the,_C- ,-_e_a_tt __ v_e_ 
Quarter~JD ompet ition. These mate1ials do not repo11 evidence equivalent to "box office receipts" or 
"motion picnrre or television ratings" as referenced in the regu lation, or otherwise provide any factual 
indicators to establish whether the Beneficiary has achieved "major comm ercial or critically acclaimed 
success" in the illustrat ion industry . Assuming the con-elation had been established, the record does not 
include evidence that such c1itical or commercia l success was memoriali zed in trade journals, major 
newspapers, or other publication s such that her achie vement was acknowl edged in the industry at-large. 
On appeal , the Petitioner maintains that the Director erred in not considering under the "comparable 
evidence" regulation at 8 C.F.R. § 214.2(o)(3)( iv)(C) testimon ial letters, becau se it claim s that this 
regulatory criterion is not applicable to illustration. Specificall y, it argue s that the provided 
testimonial s from recogniz ed experts "discussing the impor tance of Creative Quarter~v" in the 
illustration industry should have been considered under this criterion because ''box office receipts, 
ratings, motion picture and televi sion ratings .... are not applicable in the case at hand.". While we 
will exam ine this evidence below in our discussion of the criterion at 8 C.F.R. § 214.2(o)(3)(i v)(B)(5), 
we determ ine that the Petitione r has not demonstrated that these letters are comparabl e to the objective 
require ments of this regulatory criterion. The letters from several experts in the illu stration field, while 
attesting that the Beneficiary was a runne r-up in the Creative Quarterly om petition, do not detail 
in what manner being selected as a rmmer-up in that compet ition is comparab le to a record of major 
c01mnercial or critically acclai med successes in the field. 6 
Based on the above, the Petition er has no t establ ished that the Beneficia ry satisfies this evidentiary 
criterion. 
Evidence that the alien has received significant recognition for achievements from 
organizations, critics, government agencies , or other recognized experts in the.field in 
which the alien is engaged . Such testimonials must be in aform which clear~y indicates 
the author's authority , expertise, and knowledge of the alien's achievements. 8 C.F.R. 
§ 214.2(o)(3)(i v)(B)(5) . 
As noted abo ve, the Petitioner submitt ed severa l testimonial letters in support of the petit ion. We 
determine that the submitted testimoni als and other documentary evidence do not satisfy this criterion . 
This eviden ce include s letters from experts in the field of illustr~twi .... inc~ ding the Bene ficiary's past 
employers. ____ an art directo r with the animation studio ... L ___ J asserts that the Br jicja~ 
... ' a_u::Q.utaW,e_a]j:ist " based upon her past work as an illustrator and designer for 
---------
He claim s that "only highly renowned artists c01mnand such vital roles for 
notable produ ctions such as the ones [the Br~~rar, has been involved in." He also asse rts that her 
having been a nmner -up in Creative Quart . , , ,. a majo r achievement in the field ," that being 
selected to exhibit her work at the upcoming Expo "is a testament to her skills 1nd renutatio n., 
in the industry as an outs tanding professi onal," and her having exhibited at the I ------
6 We note that documentation from the website of Creative Quarterly indjcates that the work of the runners-up was 
published in the magazine's online gallery beginning in July 2019, subsequent to the filing of the petition in May 2019. 
7 
how at ____ ucleus "solidifies her revered standing in the art world as an 
aittst ot <fistmctton." He describes the Beneficia1y as "highly regarded" and "known for her creativity 
and ingenuity ." 
a designer and illustrator with [ I states that the Beneficiary "is a highly 
res ected artist who h s_cr,e_a,led imnress~ e L or.ks of.arUor_ya ~ious distin uished roduction s" such 
a· tudio' s ._ ______ ____.JStudio's _________ and 
projects for.__ _________ tudio. He also notes that she was selected as a runner-up in 
the "respected" Creative Quarterly art competit ion. He claims that the Beneficiary' s "unparalleled 
talent, creativity, and achievement s =:bout her career, have made her a highly sough[t]-atler 
artist." We note that both- andL_ p se identical language in asserting that the Beneficiary 
is "highly regarded by esteemed professiona ls and is known for her creativity and ingenuity, given her 
degree of proficiency in various facets of illustration and design," and claiming they are "certain that, 
if afforded the opportunity, [the Beneficiaiy] will continue to create exceptional works, and 
undoubt edly leave a strong mark in the art industry in the United States." These identical statements 
in the aforementioned letters suggest that their language was not written independently . While it is 
acknowledged that the author s have provided their suppor t for this petition, it is unclear whether the 
letters reflect their independent observations and thus an informed and unbiased opinion of the 
Beneficia1y's work. In evaluating the evidence, the truth is to be determined not by the quanti ty of 
evidence alone but by its quality. See Matter o Chawathe, 25 l&N Dec. at 376.(Ja 
visual development rtis 
7
d in !.CJQLa College of Design, highlights many of the same 
accompli shments as ___ and ~---• nd_assei_ts,that the fact that the Beneficia1y was selected as 
"a featured artist" for the upcommg ____ xpo in ~ 019 is "a significant 
accomplishment. "7 
_______ of the Society of Illustrators confim1s that the Beneficiar y is a member 
of the society, and asserts she is "a highly accomplis hed illustrator" whose "impressive body of work 
consists of developing artwork for distingui shed television series produced by renowned companies 
such as ______ _.Studios , .___ .... Studios , and ~ Studio." She provides that the 
Beneficiary "was honored as a runner-up in the professional illustration category" in the Creative 
Quarterly O rt competition, which she asserts is "a major achievement in our field." Althou h she 
indicate s that the Beneficia 1y's works have "been showcased in notable art gallerie ' sucb_as 
Expo," the record indicates that the · a1unu;a~ Expo did not occur until.__ ___ 2019, 
subsequent to the May 2019 date of ____ s letter and date of filing the petition. She states that 
"[t]hese awards and exhibits "are conside red to be significant accomplishments in the industiy and 
clearly suggest that [the Ben -ciai:v.lis_a\ aitist of great renown." However, the informat ion provided 
by the Petitioner regarding ___ ..., mfess ional experience indicate s work as an assistant 
production accountant and actress in an [ · mmercial and does not show that she is a recognized 
expe1t in the field of illustration. 
-------• an art director indicates he met the Beneficiai-y at a _.etwork event 
when he purcha sed her book ___ ... He states that he was impressed by the Benefic iary's work 
and asse1ts that "the fact that [the Beneficiary] is a published illustrator who has publishing companies 
7 Examinati
1
JJ...Ott~11fmitted background information for .. _ ___..ndicates that be also attended the- allege 
of Design in! ,California. 
8 
and literary agents vying to work with her .... is a clear indication that she is an mtist with exceptional 
standin ire_in ustJY.." The Petitioner also ~-ovided.J he_af rementioned letters from 
I .-------. Lanill praising the Beneficiary's work 
for _________ Stu~ __ Design,.__ ____ .... Studios, and[ J;tudios . 
Here, the aforementioned letters primarily discuss the Beneficiary's innate talent and artistry but do not 
explain in factual terms the Beneficiary 's achievements in the field. Further as reviously noted, the 
Petitioner has provided confirmation tha..t the Beneficiary's artwork ______ was selected as a 
runner-up for the Creative Quarterl;Gompetit ion in 2019. As discussed above, the Petitioner did 
not include sufficient supporting explanation or documentation that illustrators whose works are 
selected as a rwu1er-up for a Creative Quarterly award receive recognition within the illustration 
industry. As such, the record does not demonstrate that such selection constitutes "signific ant 
recognition for achievements. " 
Without further information and evidence, the above-referenced letters are not sufficient to demonstrate 
that the Beneficiary's achievements have received significant recognition. As previously stated, USCIS 
may, in its discretion, use as advisory opinions statements submitted as expert testimony . See Caron, 
19 I&N Dec. at 795. However, USCIS is ultimately responsible for making the final detem1ination 
regarding a foreign national 's eligibility for the benefit sought. In addition, such letters from experts 
supporting the petition is not presumpti ve evidence of eligibility; USCIS may evaluate the content of 
those letters as to whether they support the foreign national's eligib ility. 
It remains the Petitioner' s burden to show the Beneficiary's significant recognition for achievements in 
the field. As discussed, the testimonial evidence submitted does not meet this burden. Overall, while 
the Beneficiary has earned the respect of her colleagues, the material is insufficient to establish that 
she has received significant recognition for achievements in the field. The Petitioner has, therefore, not 
established that the Beneficiary satisfies this evidentiary criteiion. 
Evidence that the alien has either commanded a high salClfy or will command a high 
salary or other substantial remuneration for services in relation to others in the.field, 
as evidenced by contracts or other reliable evidence. 8 C.F.R. § 214.2(o)(3)(iv)(B)(6). 
The Director concluded that the Petitioner satisfied the requirements of this criterion. The Petitioner 
claims that the Beneficiary's past salary as an illustrator should be considered a "high salary." The 
Petitioner rovided evidence that the Beneficiary receb(ed_liourlv ~a~eli Qf,$55.59 for her work on 
and $52.40 for hei· work on [ _J She further submitted 
---------screenshots from www.bls.gov regru.·ding 20 17 Occupational Employment and Wages, reflecting that 
the 90th percentile of Fine Artists, Including Painter, Sculptors, and Illustrators earned approximately 
$49.30 per hour. \Ve agree with the Director's determination that this crite1ion has been met. 
III. CONCLUSION 
The record does not satisfy, as required, the evidentiary criteria applicable to individuals of 
extraordinary ability in the arts: a significant national or international awru.·d or at least three of six 
possible forms of documen tation. 8 C.F.R. § 214.2(o)(3)(iv)(A)-(B). Consequently, the Petitioner has 
9 
not established that the Beneficiary is eligible for the 0-1 visa classification as an individual of 
extraordinary ability in the arts. The appeal will be dismissed for the above stated reasons, with each 
considered as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
10