Photographer

The appeal was dismissed because the Petitioner failed to demonstrate she met the criterion for membership in professional associations (8 C.F.R. § 204.5(h)(3)(ii)). Evidence for membership in the Actors' Equity Association (AEA) did not show that outstanding achievements, judged by national or international experts, were a condition for membership. The Director had found only one criterion met (8 C.F.R. § 204.5(h)(3)(i)), and without meeting the second, the Petitioner could not satisfy the minimum three criteria required for extraordinary ability. The AAO did not make a final merits determination on other claimed criteria.

The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of his field, despite meeting three initial criteria. Evidence of published material about the Petitioner was limited to 2023-2024, failing to show sustained acclaim over a long period. A single article published in 1990 lacked evidence of citations or sustained acclaim. A leading or critical role in 2014 also lacked evidence of sustained acclaim. Contributions to employers were noted, but major significance to the broader field of Stage Construction and Engineering as it applies to Art, Theatre, and Film Production was not established. Furthermore, the record lacked comparative salary data to prove a high salary in relation to others in the field, which would indicate being at the very top.

The appeal was dismissed because the Petitioner failed to demonstrate a one-time internationally recognized award or meet three of the ten regulatory criteria. While two criteria were met (judging and artistic exhibitions), the published material criterion was not satisfied due to insufficient evidence of major media status and illegible comparative data for 'Il Fatto Quotidiano'. The leading/critical role criterion was also not met due to a lack of corroborating evidence for the distinguished reputation of the projects.