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

by Victoria Chen, Esq., J.D.

Background: The petitioner is engaged in medical research and publication. It seeks to employ the beneficiary permanently in the United States as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(1)(A), as an alien of extraordinary ability as an actress

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: “She displays a creative dynamism and artistic spark that is rare as well as highly sought after.”

reference letter 2: “She displays a creative dynamism and artistic spark that is rare as well as highly sought after.”

reference letter 3:” She is without a doubt one of the most talented actresses in her peer group, working today.”

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.

from Chen Immigration Law Associates

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