Case Study: AAO Sustained an EB1-A Appeal of a Petition for an Artist

by Victoria Chen, Esq., J.D.

Background: The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim required for classification as an alien of extraordinary ability as an artist.

USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies for classification as an alien of extraordinary ability.

Evidence :

reference letter 1: ” The is a very accomplished artist with a strong national and international reputation, who has been invited to participate in national exhibitions regularly in Europe and the Far East. He has regular public commissions and has a national reputation as an expert in techniques and processes in the visual arts.”

reference letter 2: ” The petitioner’s work has not only been shown in many parts of the world but has attracted clients of renown. A painting he was commissioned to produce by the [IDENTIFYING INFORMATION REDACTED BY AGENCY] was presented to the Queen and now forms part of the Royal Collection. Other distinguished clients include [IDENTIFYING INFORMATION REDACTED BY AGENCY], [IDENTIFYING INFORMATION REDACTED BY AGENCY] and internationally [IDENTIFYING INFORMATION REDACTED BY AGENCY] companies such a[IDENTIFYING INFORMATION REDACTED BY AGENCY]. ”

AAO decision The AAO found that the petitioner meets several of the regulatory criteria at 8 C.F.R. 204.5(h)(3). The evidence submitted by the petitioner establishes that she has sustained national acclaim in Canada, and her achievements have been recognized internationally in her field of expertise. The petitioner has established that she intends to continue work in her field in the United States and that her entry into the United States will substantially benefit prospectively the United States. Therefore, the petitioner has established eligibility for classification as an alien of extraordinary ability.

The AAO concluded that the petitioner has met the burden of proof of the beneficiary’s extraordinary ability.

Chen Immigration Law Associates, P.A.