The Law Office of Isabel M. Hidrobo, P.C.

The Law Office of Isabel M. Hidrobo, P.C. Via Federal Express United States Citizenship and Immigration Services California Service Center. 24000 Avila Road. 2nd Floor Laguna Niguel, CA 92677 Re: Form 1-129 Petition for O-I Nonimmigrant Classification by DAS, LLC on behalf of Dear Sir or Madam: On behalf of our clients. DAS. LLC (hereinafter the "Petitioner") and (hereinafter the "Beneficiary") we submit the above-referenced Form 1-129 petition to classify the Beneficiary as an alien of extraordinary ability in the field of fashion modeling. Under 8 CFR § 2 I4.2(o)(2)(iv)(E)( I ). "A United States Agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act on its behalf. A petition filed by an agent is subject to the following conditions: (I) An agent performing the function of an employer must provide the contractual agreement Petween the agent and beneficiary which specifies the wage offered and the other terms and conditions of employment of the beneficiary. (2) A person or company in business as an agent may file the petition involving multiple employers as the representative of both the employers and the beneficiary. if the supporting documentation includes a complete itinerary of the event or events. The itinerary must specify the dates of each service or engagement. the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed. A contract between the employers and the beneficiary is required. The burden is on the agent to explain the terms and conditions of employment and provide the required documentation. (3) A foreign employer who, through a United States agent, files a petition for an O nonimmigrant is responsible for complying with all of the employer sanctions provision of section 274A of the act and 8CFR part 274a. The Petitioner is the Beneficiary's personal management company, and as such, for the purposes of this petition, is an agent *performing the function of an employer, as permitted under 8 CFR § 2 I4.2(o)(21(iv)(E)(l). The attached contract between the Petitioner and Beneficiary specifies the compensation and other terms and conditions of the representation, including the dates of representation 110 EAST 1ST. STRUT. NEW YOM. NT 10010 • T • F www. h atom EFTA00309111 and the Petitioner's control over the Beneficiary's career in the Territory, as defined in the contract provided. In addition, we wish to highlight the following I. Per the Service's "Questions and Answers' available on your O-1 webpage, in response to Question: "When an agent performing the function of an employer files a petition, are contracts required with employers where the beneficiary will be employed?" The Answer is "No, in the case of an agent performing the function of employer a contract is not reouired between the beneficiary and the entities that will ultimately use the beneficiary's services." 2. Per the Service's "Questions and Answers" available on your O-1 webpage. in response to Question: "What is the itinerary requirement for agents performing the function of an employer?" The Answer Is: 'A petition which requires the alien to work in more than one location must include an itinerary with the dates and locations of work. There are no exceptions to the itinerary requirement when the petition is filed by an agent performing the function of an employer. However, the USCIS does give some flexibility to how detailed the itinerary must be and does take into account industry standards when determining whether the itinerary requirement has been met. As such, the itinerary should, at a minimum, indicate what type of work the beneficiary will be engaged in, and where and when this work will take place. Importantly, in May 201 I. the Administrative Appeals Office (USCIS' highest level) considered the itinerary requirement and determined that in the case of fashion models who have a management agreement with a modeling agency petitioner who serves as an agent that "performs the function of an employer. - the regulatory requirements regarding definitive employment are met as long as the petitioner explains the nature of the event and dates of service, and provides a proposed itinerary listing a representative sampling of the distinguished clients with whom the beneficiary may work during the duration of his/her representation pursuant to the management agreement. We attach an itinerary that meets these requirements at Exhibit I. Finally. and importantly. "evidence confirming dates identified on the itinerary establishing the terms and conditions of the employment and other associated documentation" is not listed under the requirements for classification [8CFR 214.2(O)(2)(y)(E)(1) and 8CFR 214.2(O)(2)(iv)(A)); nor is this evidence required per the Service's own O- I webpage guidelines. Therefore. we submit that the attached itinerary meets the Service's requirements, taking into account the AAO guidance and industry standards, which are unique to the modeling industry. The itinerary submitted herein. contains dates and locations of work and undeniably meets the requirements for classification, taking into account industry practice. We refer the Service to Policy Memorandum dated July 20, 2010, PM-602-0003, which states: "There is no statutory or regulatory authonty for the proposition that a gap of certain number of days in an itinerary automatically indicates a "new event"." Therefore, the Beneficiary's O-1 approval should be granted for the full requested three (3) year term in accordance with the submitted itinerary. In support of the above-referenced petition and application, we submit the following: I 10 EAST 25TH STREET. NEW TOOK NT 10010 • T • F 2 www.ihvlsa.com EFTA00309112 I. Checks for Form 1-129 and Filing Fee ($460): 2. Form G-28: 3. Form I-129: 4. O Supplement to Form l- I 29: 5. Supporting letter from the Petitioner. 6. Duplicates of Form I-129. O Supplement, and supporting letter from the Petitioner, 7. Copy of the Biographic Page of the Beneficiary's passport I. 10. Contract between the Petitioner and the Beneficiary, and 2. 11. A package of supporting evidence including a proposed itinerary of events and related evidence. along with a peer advisory letter, evidence of awards, a sample of the Beneficiary's tear sheets, press and agency booking statements, all of which establish the Beneficiary's eligibility as a model of extraordinary ability. We would also like to address an alarming trend in the adjudication of O-I petitions on behalf of foreign models. Increasingly. our office has seen Requests for additional Evidence that fail to take into account the preponderance of the evidence standard. It is well established that the evidentiary standard for the adjudication of visa petitions is preponderance of the evidence. See Matter of Chawathe, 25 l&N Dec. 369 ("in adjudicating the application pursuant to the preponderance of the evidence standard, the director must examine each piece of evidence for relevance, probative value, and credibility, both individually and within the context of the totality of the evidence. to determine whether the fact is probably true.") See also Matter of E-M-, 20 I&N Dec. 77, 79-90 (Comm'r 1989) (if the Petitioner submits relevant, probative. and credible evidence that leads USCIS to believe that the claim is "more likely than not" or "probably true." the Petitioner has satisfied the standard of proof): U.S. v. Cardozo-Fonesca. 480 U.S. 421 (1987) (discussing "more likely than not" as greater than 50% of an occurrence taking place.) By way of example, the Service has been singling out one tear sheet and stating that it does not constitute evidence of distinction. Such a statement not only relies on false logic (e.g.. one tear sheet, standing alone. can never constitute evidence of distinction), it disregards the preponderance of evidence on record. In many cases, the Service disregards all tear sheets that do not contain the name of the designer or publication on grounds that they contain no identifiable source. The Petitioner has gone to great lengths to identify each tear sheet. We would like to emphasize that the Service is required to consider the evidence in its totality and, in this context, accept the representations in the support letter. We would ask the Service to consider whether there is any other way to identify tear sheets that do not contain the name of the designer or publication and to exercise fairness and reason when adjudicating O-I petitions based upon preponderance of the evidence. Please do not hesitate to let us know if we can be of any further assistance. Thank you for your attention to. and consideration of, this petition. Very truly yours. Laura Vea. Esq. 110 EAST ISTH STREET. NEW TOM. NY 10010 • T • 3 www.shvtsa.COM EFTA00309113 Notice of Entry of Appearance as Attorney or Accredited Representative Department of Homeland Security DNS Form G-28 ohm No. 1615-0105 Expires 03131:2018 Part I. Information About Attorney or Accredited Representative I_ I I, I I I\ \,.,.oulit \Limlia ,1 I Name and Address of Attorney or Accredited Representative Part 2. Notice of Appearance as Attorney or Accredited Representative This appearance relates to immigration matters before (Select only one box) 1.a. [g] USCIS I.b. List the form numbers 1-129 2.a. Family Name (Last AUnk9 \)C-A 2.a. O ICE 2.b. 2.c. Given Name (First Nomet Middle Name 2.b. List the specific matter in which appearance is entered r 3.a. Street Number and Name 3-11. ❑ CBP 110 East 25th Street 3.b. Apt. O Ste. O FIr. 3.b. List the specific matter in which appearance is entered 2 3.c. City or 3.d. State 3.f. Province Town New York I my appearance as attorney or accredited representative at of: Select only one box: O Applicant aj Petitioner ❑ Requestor 3.e. ZIP Code enter the request 4. NY 10010 3.g. Postal Code O Respondent (ICE, CBP) 3.h. Country Information About Applicant, Petitioner, United States Requestor, or Respondent 4. Daytime Telephone Number 5.a. hand) \aim: (tam Name) S. 5.b. Given Name (First Name) Fax Number Middle Name L 6. Addresc 6. Name of Company or Organization Of aPPiicabie) DAS, LLC 7. Mobile Telephone Number (dam') 1! I III Form 0-28 05/05/16 \ EFTA00309114 l'art 2. Notice of Appearance as Attorney or Accredited Representative (continued) Information About Applicant, Petitioner, Requestor, or Respondent (continued) 7. 8. 9. 10. II. USCIS ELIS \Login( \umber Of ani Lb. I.c. I.d. Alien Registration Number (A-Number) or Receipt Number Daytime Telephone Number Mobile Telephone Number (if any) E-Mail Address Of any) Mailing Address of Applicant, Petitioner, Requestor, or Respondent NOTE: Provide the mailing address of the applicant. petitioner, requestor, or respondent. Do not provide the business mailing address of the attorney or accredited representative unless it serves as the safe mailing address on the application, petition, or request being filed with this Form G-28. I2.f. Province I2.g. Postal Code 12.h. Country United States Part 3. Eligibility Information for Attorney or Accredited Representative Select all applicable arm. 1.a. NI I am an attorney eligible to practice law in, and a member in good standing of. the bar of the highest courts of the following states, possessions. territories. commonwealths, or the District of Columbia. driou need additional space. use Part 6.) Licensing Authority New York Bar Number (ifapplicable) £.S. Name of Law Firm The Law Office of Isabel M. Hidrobo, P.C. I (choose one) ®am nor El am subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise restricting me in the practice of law. If you arc subject to any orders, explain in the space below. (If you need additional space. use Part 6.I 2.a. ❑ lam an accredited representative of the following qualified nonprofit religious, charitable, social service, or similar organization established in the United States, so recognized by the Department of Justice, Board of Immigration Appeals, in accordance with 8 CFR 292.2. Provide the name of the organization and the expiration date of accreditation. 2.b. Name of Recognized Organization 2.c. Date accreditation expires (mnsiddinyy) ► Form 1-28 05 05/16 Y Page 2 / 4 EFTA00309115 Part 3. Eligibility Information for Attorney or Accredited Representative (continued) 3. ❑ I am associated %% lib the attorney or accredited representative of record who previously filed Form G-28 in this case. and my appearance as an attorney or accredited representative is at his or her request. NOTE: If you select this item, also complete item Numbers La. -Lb. or Item Numbers 2.a. - 2.c. in Part 3. (whichever is appropriate). 4.a. ❑ I am a law student or law graduate working under the direct supervision of the attorney or accredited representative of record on this form in accordance with the requirements in 8 CFR 292.1(aX 2X iv). 4.b. Name of Law Student or Law Graduate Part 4. Applicant, Petitioner, Requestor, or Respondent Consent to Representation, Contact Information, and Signature Consent to Representation and Release of Information I. I have requted the representation of and consented to being represented by the attorney or accredited representative named in Part I. of this form. According to the Privacy Act of 1974 and DHS policy, I also consent to the disclosure to the named attorney or accredited representative of any record pertaining to me that appears in any system of records of USCIS, ICE or CBP. When you (the applicant, petitioner. requestor. or respondent) are represented, O115 will send notices to both you and your attorney or accredited representative either through mail or electronic delivery. DHS will also send the Form 1-94, Arrival Departure Record, to you unless you select Item Number 2.a. in Part 4. All secure identity documents and Travel Documents will be sent to you (the applicant, petitioner. requestor, or respondent) at your U.S. mailing address unless you ask us to send your secure identity documents to your attorney of record or accredited representative. If you do not want to receive original notices or secure identity documents directly, but would rather have such notices and documents sent to your attorney of record or accredited representative, please select all applicable boxes below: 2.a. Ni I request DHS send any notice (including Form 1-94) on an application, petition, or request to the U.S. business address of my attorney of record or accredited representative as listed in this form. I understand that I may change this election at any future date through written notice to DHS. 2.b. Ixj I request that DI IS send any secure identity document. such as a Permanent Resident Card, Employment Authoriration Document, or Travel Document, that I am approved to receive and authorized to possess. to the U.S. business address of my attorney of record or accredited representative as listed in this form or to a designated military or diplomatic address for pickup in a foreign country (if permitted). I consent to having my secure identity document sent to my attorney of record or accredited representative's U.S. business address and understand that I may request. at any future date and through written notice to 1)115. that DliS send any secure identity document to me directly. 3. 3.b. Date of Signature (mntdd/ynY)." 05/24/2017 Part 5. Signature of Attorney or Accredited Representative I have read and understand the regulations and conditions contained in 8 CFR 103.2 and 292 governing appearances and representation before the Department of Homeland Security. I declare under penalty of perjury under the laws of the United States that the information I have provided on this form is true and correct. I. Signature of Attorney or Accredited Representative 2. Signature of Law Student or Law Graduate 3. )ate of Signature (mu ddyffy)10. VII 1,11,1;1!!! 05/24/2017 iu Form i-28 05,05116 Y EFTA00309116 Petition for a Nonimmigrant Worker Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form 1-129 OMB No. 1615.0009 Expires 12/31/2018 For USCIS Use Only Receipt Partial Approval (explain) Action Block Class: No. of Umtata: Job Code: Validity From: To: OCIassilication Approved OConsulate/POEJPFI Notified At: Data. • Extension Granted Granted 0 COS/Extension Ito START HERE - Type or print in black ink. Part 1. Petitioner Information If you are an individual filing this petition, complete Item Number I. If you are a company or an organization filing this petition, complete Item Number 2. I. 2. .3. Legal Name of Individual Petitioner Family Name (Last Name) Given Name (First Name) Middle Name Company or Organization Name DAS. LLC Mailing Address of Individual, Company or Organization In Care Of Name 4. 5. Province Postal Code Country United States Contact Information Daytime Telephone Number Mobile Telephone Number Email Address (if any) Other Information Identification Number (FEIN) 1 Individual IRS Tax Number U.S. Social Security Number (if any) Fonn l•129 01/17/17 Y Page I of 36 EFTA00309117 Part 2. Information About This Petition (See instructions for fee information) I. Requested Nonimmigrant Classification ( Write classification Inhol): 2. Basis for Classification (select only one box); • New employment. [I] b. Continuation of previously approved employment without change with the same employer. E c. Change in previously approved employment. c d. New concurrent employment. e. Change of employer. [ f. Amended petition. 3. Provide the most recent petition/application receipt number for the beneficiary. If none exists, indicate "None." 1. Requested Action (select only one box): O113 oa. x N O N E Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (NOTE: A petition is not required for E- I, E-2. E-3, Chile Singapore, or TN visa beneficiaries.) b. Change the status and extend the stay of each beneficiary because the beneficiary(ies) is/are now in the United States in another status (see instructions for limitations). This is available only when you check "New Employment" in Item Number 2., above. c. Extend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status. n d. Amend the stay of each beneficiary because the beneficiary(ies) now hold(s) this status. • e. Extend the status of a nonimmigrant classification based on a free trade agreement. (See Trade Agreement Supplement to Form 1.129 for TN and H-I B I.) r. Change status to a nonimmigrant classification based on a free trade agreement. (See Trade Agreement Supplement to Form 1.129 for TN and H.1B I .) 5. Total number of workers included in this petition. (Sec instructions relating to when more than one worker can be included.) One (I) Part 3. Beneficiary Information (Information about the beneficiary/beneficiaries you are filing for. Complete the blocks below. Use the Attachment -I sheet to name each beneficiary included in this petition.) I. If an Entertainment Group, Provide the Group Name 2. Provide Name of Beneficiary Family Name It ace NM/U.1 Given Name (First Nnmel Middle Name 3. Provide all other names the beneficiary has used. Include nicknames, aliases, maiden name, and names from all previous marriages. Family Name (Last Name) Given Name (First Name) 1. Other Information Date of birth (mm/ddiyyyy) Middle Name Gender U.S. Social Security Number (if any) ❑ Male is Female ► Form 1-129 01/17/17 Y Page 2 of 36 EFTA00309118 Part 3. Beneficiary Information (Information about the beneficiary/beneficiaries you are filing for. Complete the blocks below. Use the Attachment -I sheet to name each beneficiary included in this petition.) (continued) Alien Registration Number (A-Number) Country of Birth Iv A- Province of Birth 5. If the beneficiary is in the United States, complete the toll ,N% 6. Country of Citizenship or Nationality Part 4. Processing Information If a beneficiary or beneficiaries named in Pan 3. is are outside the United States. or a requested extension of stay or change of status cannot be granted, state the U.S. Consulate or inspection facility you want notified if this petition is approved. a. Type of Office (select only one box): Consulate Lj Pre-flight inspection ❑ Port of Entry b. Office Address (City) MOSCOW d. Beneficiary's Foreign Address c. 13.S. State or Foreign Country RUSSIA 2. Does each person in this petition have a valid passport? Yes ❑ No. If no, go to Pan 9. and type or print your explanation. Form 1-129 01/17/17 Y Page 3 of 36 EFTA00309119 Part 4. Processing Information (continued) Are you tiling any other petitions ith this one? ❑ Yes. If yes. how man)? ► LXI No 4. Are you filing any applications for replacement/initial 1-94. Arrival-Departure Records with this petition? Note that if the beneficiary was issued an electronic Form I.94 by CBP when he'she was admitted to the United States at an air or sea port, he/ she may be able to obtain the Form 1.94 from the CBP Website at www.cbz2ov/i94 instead of filing an application for a replacement/initial 1-94. 5. 6. 7. 8. ❑ Yes. If yes, how many? ► Arc you filing any applications for dependents with this petition? ❑ Yes. If yes, how many? ► Is any beneficiary in this petition in removal proceedings? ❑ Yes. If yes. proceed to Part 9. and list the beneficiary's(ies) name(s). [X No [3] No No Have you ever filed an immigrantpetition for an beneficiary in this petition? ❑ Yes. If yes, how many? Ir• NI No Did you indicate you were filing a new petition in Part 2.? • Yes. If yes, answer the questions below. ❑ No. If no, proceed to Item Number 9. a. Has any beneficiary in this petition ever been given the classification you are now requesting within the last seven years? ❑ Yes. If yes, proceed to Part 9. and type or print your explanation. [X No b. Has any beneficiary in this petition ever been denied the classification you are now requesting within the last seven years? ❑ Yes. If yes. proceed to Part 9. and type or print your explanation. Nj No 9. Have you ever previously filed a nonimmigrant petition for this beneficiary? ❑ Yes. If yes. proceed to Part 9. and type or print your explanation. [XJ No 10. If you are filing for an entertainment group, has any beneficiary in this petition not been with the group for at least one year? ❑ Yes. If yes. proceed to Part 9. and type or print your explanation. ❑ No 11.a. Has any beneficiary in this petition ever been al-I exchange visitor or J-2 dependent of a exchange visitor? ❑ Yes. If yes. proceed to Item Number 11.6. No ILK If you checked yes in Item Number I La., provide the dates the beneficiary maintained status as al-I exchange visitor or 1-2 dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange Visitor (1-I ) Status, a Form IAP-66, or a copy of the passport that includes the l visa stamp. Part 5. Basic Information About the Proposed Employment and Employer Attach the Form I-129 supplement relevant to the classification of the worker(s) you arc requesting. I. Job Title FASHION MODEL 2. LCA or ETA Case Number N/A Form 1.129 01/17/17 Y Page 4 of 36 EFTA00309120 Part 5. Basic Information About the Proposed Employment and Employer (continued) 3. Address where the beneficiary(ies) will work if different from address in Pan 1. Street Number and Name Apt. Ste. Flr. Number Various venues across the United States and throughout the world. D City or Town State ZIP Code 4. Did you include an itinerary with the petition? Ix Yes ❑ No 5. Will the beneficiary(ies) work for you off-site at another company or organization's location? Yes ❑ No 6. Will the beneficiary(ies) work exclusively in the Commonwealth of the Northern Mariana Islands (CNMI)? ❑ Yes N No 7. Is this a full-time position? Yes [Fij No 8. If the answer to Item Number 7. is no. how many hours per week for the position? 10. See contract 9. Wages: S See contract per (Specify hour, week, month, or year) See contract 10. Other Compensation (Explain) II. Dates of intended employment From: (nm/dd/YYYY) ILO / 201 20i1 12. Type of Business To: (mm/dd/yyyy) ai2C,Re2O Model Management Company 14. Curran Number of Employees in the United States IS. Gross Annual Income 12 Proprietary 13. Year Established 2016 16. Net Annual Income Proprietary Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States ibis section of the form is required only for II- I B. II-1BI ChileiSingaporc. L-1, and O-1A petitions. It is not required for any other classifications. Please review the Form 1-129 General Filing Instructions before completing this section.) Select Item Number I. or Item Number 2. as appropriate. DO NOT select both boxes. With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that: 1. D A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person: or 2. E A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary. form 1.129 01/17/17 Y Page 5 of 36 EFTA00309121 Part 7. Declaration, Signature, and Contact Information of Petitioner or Authorized Signatory (Read the information on penalties in the instructions before completing this section.) Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the petitioner. I may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date. I authorize the release of any information from my rccords, or from the petitioning organization's records that USCIS needs to determine eligibility for the immigration benefit sought. I recognize the authority of USCIS to conduct audits of this petition using publicly available open source information. I also recognize that any supporting evidence submitted in support of this petition may be verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews. If filing this petition on behalf of an organization. I certify that I am authorized to do so by the organization. I certify, under penalty of perjury. that I have reviewed this petition and that all of the information contained in the petition, including all responses to specific questions. and in the supporting documents, is complete, true. and correct. I. Name and Title of Authorized Signatory sipattosys Contact inrormation Daytime Telephone Number Email Address (if any) NOTE: If you do not fully complete this form or fail to submit the required documents listed in the instructions, a final decision on your petition may be delayed or the petition may be denied. Part 8. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Than Petitioner Provide the following information concerning the preparer: I. Name of Preps rer Family Name (Last Name) 'I A. Given Name (First Name) 1.,1101/4 2. Preparer's Business or Organization Name (if any) If applicable, provide the name of your accredited organization recognized by the Board of Immigration Appeals (BIA).) The Law Office of Isabel M. Ilidrobo. P.C. Form 1.129 01/17/17 Page 6 of 36 EFTA00309122 Part 8. Declaration, Signature, and Contact Information of Person Preparing Form, If Other Thun Petitioner (continued) 3. Preparer's Mailing Address Street Number and Name 110 East 25th Street Apt. Ste. FIr. Number to 2 4. City or Town State ZIP Code New York INY 10010 Province Postal Code Country United States Preparer's Contact Information Daytime Telephone Number Fax Number P 1 AAA Preparer's Declaration By my signature, I certify. swear, or affirm. under penalty of perjury, that I prepared this petition on behalf of, at the request of, and with the express consent of the petitioner or authorized signatory. The petitioner has reviewed this completed petition as prepared by me and informed me that all of the information in the form and in the supporting documents, is complete, true, and correct. 5. Signature and Date Signature of Preparer Date of Signature (mm/dd/yyyy) 05/24/2017 Form 1-129 01/17/17 11 Page 7 of 36 EFTA00309123 Part 9. Additional Information About Your Petition For Nonimmigrant Worker If you require more space to provide any additional information within this petition, use the space below. Ifyou require more space than what is provided to complete this petition, you may make a copy of Part 9. to complete and file with this petition. In order to assist us in reviewing your response. you must identify the Page Number. Part Number and Item Number corresponding to the additional information. I. A-Number ► A- Pan Number Item Number 8 There exists no recognized labor organization or peer group for fashion personnel in the United States. See matter of Ford Models. Inc. EAC-92-17I-50797 (AAU Oct. 16. 1992). 3. Page Number Part Number Item Number 4. Pa e Number Pan Number Item Number Fonn I-129 01/17117 Y Pagc 8 of 36 EFTA00309124 O and P Classifications Supplement to Form I-129 Department of Homeland Security U.S. Citizenship and Immigration Services USCIS Form I-129 OMB No. 1615-0009 Expires 10/31/2018 Section 1. Complete This Section if Filing for 0 or P Classification I. Name of the Petitioner DAS, LLC Name of the Beneficiary or if this petition includes multiple beneficiaries, the total number of beneficiaries included. La. Name of the Beneficiary OR Lb. .Provide the total number of beneficiaries: 3. Classification sought (select only one box) ❑ a. O-IA Alien of extraordinary ability in sciences, education, business or athletics (not including the arts, motion picture or television industry) • b. O-1 B Alien of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry ❑ c. O-2 Accompanying alien who is coming to the United States to assist in the performance of the O-I ❑ d. P-I Major League Sports ❑ e. P-I Athlete or Athletic/Entertainment Group (includes minor league sports not affiliated with Major League Sports) ❑ f. P- I S Essential Support Personnel for P-I ❑ g. P-2 Artist or entertainer for reciprocal exchange program ❑ h. P-25 Essential Support Personnel for P-2 P-3 Artist/Entenainer coming to the United States to perform, teach, or coach under a program that is culturally unique ❑ j. P-3S Essential Support Personnel for P-3 4. Explain the nature of the event. Please see attached letter and supporting documents. 5. Describe the duties to be performed. Please see attached letter and supporting documents. 6. If tiling for an O-2 or I' support classification. list dates of the beneficiary's prior work experience under the principal O-I or P alien. 7.a. Does any beneficiary in this petition have ownership interest in the petitioning organization? ❑ Yes. If yes, please explain in Item Number 7.b. ❑X No. Form 1.129 01/17117 Y O and P Classifications Supplement Page 26 of 36 EFTA00309125 Section 1. Complete This Section if Filing for 0 or P Classification (continued) 7.b. Explanat 8. Does an appropriate labor organization exist for the petition? ❑ Yes NI No. If no. proceed to Part 9. and type or print your explanation. 9. Is the required consultation or written advisory opinion being submitted with this petition? El yes ❑No - copy of request attached ®N/A If no. provide the following information about the organization(s) to which you have sent a duplicate of this petition. 0-1 Extraordinary Ability 10.a. Name of Recognized Peer/Peer Group or Labor Organization 10.b. Physical Address Street Number and Name City or Town 10.c. Date Sent (mm/dcl/yyyy) 10.d. Daytime Telephone Number 0-1 Extraordinary achievement in motion pictures or television II.a. Name of Labor Organization Apt. Ste. Flr. Number ❑ ❑ ❑ State ZIP Code lib. Complete Address Street Number and Name City or Town 11.c. Date Sent (minicld/yyyy) 12.a. Name of Management Organization I I .d. Daytime Telephone Number Apt. Ste. Flr. Number El El❑ State ZIP Code 12.b. Physical Address Street Number and Name City or Town 12.c. Date Sent (inni/ddiyyyy) I2.d. Daytime Telephone Number Apt. Ste. Flr. Number ❑ El ❑ State ZIP Code Point 1.129 01/17/17 Y O and P Classifications Supplement Page 27 of 36 EFTA00309126 Section 1. Complete This Section if Filing for 0 or P Classification (continued) 0-2 or P alien 13.a. Name of Labor Organization 13.6. Complete Address Street Number and Name City or Town I3.c. Date Sent (mm/deVyyyy) Md. Daytime Telephone Number Apt. Ste. Fir. Number 0 0 0 State ZIP Code 1 Section 2. Statement by the Petitioner I certify that 1, the petitioner, and the employer whose offer of employment formed the basis of status (if different from the petitioner) will be jointly and severally liable for the reasonable costs of return transportation of the beneficiary abroad if the beneficiary is dismissed from employment by the employer before the end of the period of authorized stay. 1. Name or Petitioner 2. 3. Form 1-129 01/17/17 If 0 and P Classifications Supplement Page 28 of 36 EFTA00309127 'DAH, A N A !I t Lt - L T May 30, 2017 BY FEDEX United States Citizenship and Immigration Services California Service Center 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677 DAS LLC Dear Sir or Madam: - Petitioner - Beneficiary This letter i ing submitted in support of our Petition to obtain O-1B classification for Ms. as an alien of extraordinary ability in the arts. She is an internationally renowned fashion model with extraordinary ability in her field. This petition is being filed to enable Ms. a to work as a fashion model in the United States for a three year period. Extraordinary ability in the arts means "distinction," which is defined as "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered" — see INA Section 101(a)(46), 8 CFR Section 214 214.2(o)(3)(ii). The very fact that the Beneficiary is featured in articles about her modeling for Maxim Magazine, GO Mexico, has starred on the cover pages and in fashion editorials for leading mainstream and cutting-edge fashion magazines such as L'Officiel, Elle, Men's Health, Sky Life, among others, and starred in runway shows and other productions for top designers, brands, and retailers such as Eres among many more, indicates that she has achieved recognition beyond that ordinarily encountered in the industry. Moreover, Ms. has been sought out for representation in the United States by the Petitioner, a prestigious model management organization in America, which has a history of only representing talent with a sustained record of prominence and international acclaim in the field. The Beneficiary's acclaim is further cemented by her agency representation around the world. I. Preponderance of the Evidence Standard EFTA00309128 It is well established that the evidentiary standard for the adjudication of visa Petitions is preponderance of the evidence. See Matter of Chawathe, 25 l&N Dec. 369 ("in adjudicating the application pursuant to the preponderance of the evidence standard, the director must examine each piece of evidence for relevance, probative value, and credibility, both individually and within the context of the totality of the evidence, to determine whether the fact is probably true.") See also Matter of E-M-, 20 l&N Dec. 77, 79-90 (Comm'r 1989) (if the Petitioner submits relevant. probative, and credible evidence that leads USCIS to believe that the claim is "more likely than not" or "probably true," the Petitioner has satisfied the standard of proof); U.S. v. Cardozo-Fonesca, 480 U.S. 421 (1987) (discussing "more likely than not" as greater than 50% of an occurrence taking place.) The Service should consider the totality of evidence and give proper weight and consideration to the reputation and distinction of the authors of letters submitted, and the substantial evidence submitted which includes voluminous evidence of her published modeling work, published articles about the Beneficiary, evidence of her level of remuneration and evidence of her representation with multiple top international agencies, instead of raising the standard of proof by requesting overly burdensome details that are not aligned with industry practice. The preponderance of the evidence standard is in line with the Service's own policies, as set out in the "Adjudicator's Field Manual (Chapter 10), An Overview of the Adjudication process, Part 10.5 (2). The Manual states that "RFEs should, if possible be avoided. Requesting additional evidence or returning a case for additional information may unnecessarily burden USCIS resources, duplicate other adjudication officers' efforts, and delay case completion." The Manual also states that "felvidence or information not submitted with the application but contained in other USCIS records or readily available from external sources should be obtained from those sources first rather than going back to the applicant for information or evidence." Id at Chapter 10.5. Thus, the Service Center should not overstep the legal standard and require documentation of each and every publication and designer/brand for which Beneficiary has appeared. The Petitioner will provide numerous tear sheets, website printouts, and other supporting materials demonstrating that the Beneficiary has appeared in numerous fashion shows, editorial spreads for leading publications, advertising campaigns, and marketing materials. In view of the extensive number of appearances, the Petitioner will provide a representative sampling showcasing the Beneficiary's work. Based on the "preponderance of the evidence" standard, the Petitioner is not required to submit evidence of all instances of the Beneficiary's work. The Service is required to consider the evidence in its totality and, in this context, accept the representations in the support letter, and the testimonial letters from the Beneficiary's agencies. We reiterate, in considering the qualipie and content of this evidence, the Service should not raise the standard of proof in this proceeding to "clear and convincing" instead of "preponderance of the evidence." II. The Petitioner DAS LLC (DAS Model Management) is an independent model management firm built on the principle of providing professional management and representation for top talent, while redefining the traditional client experience. 2 EFTA00309129 DAS Model Management focuses on consistency and attention to detail, striving to enhance the model and fashion industry from the heart of Miami Beach to established and newly discovered clients worldwide, complementing models to customers, strengthening relationships with professionalism and dedication to best suit talent to particular campaigns and images. DAS Model Management elevates the importance of individuality to create an enduring path to success and empowers mass market appealing faces with strong personalities to build their own authentic brands. DAS Model Management represents hundreds of men and women; working to advance each model's career by working it's expansive international network and relationships with important agencies and clients throughout the world. III. Translations for Tearsheets The only foreign language text submitted without translations are clothing taglines on the tear sheets. Translations are irrelevant for these cases as the images speak for themselves. The tear sheets are submitted solely to demonstrate the Beneficiary's highly prominent modeling career, and any text contained within the tear sheets is superfluous. The text identifies clothing, and is not material to the evidence presented. Translations of these documents, therefore, is not necessary for the purpose of establishing eligibility for O-1 classification. We again direct the Service's attention to the preponderance of the evidence standard: it is clear from the support letter that the images are provided to document the fact that Beneficiary has appeared in magazines and advertising campaigns of major significance, not to document which particular piece of clothing the Beneficiary is modeling. The Service has accepted this for many previous years, recognizing that to require a translation of text which does not assist in the adjudication of the case would be overly burdensome and a waste of resources, not in line with the Services own policies and memorandums. VI. Peer Letter It is well established that Matter of Ford Models Inc. EAC-92-171-50790 (AAU October 16, 1992) clearly states, "There exists no recognized labor organization or peer group for fashion personnel in the United States." However, USCIS has recently started to demand peer letters. In order not to delay the case with an unnecessary request for additional evidence, we attach a peer letter and biographic information about the signatory at Exhibit A. The peer letter and accompanying biographic information clearly indicate the author's expertise in the fashion industry. The signatory is familiar with the nature of the duties to be performed by a distinguished fashion model and attests that the position to be filled by the Beneficiary in the United States undoubtedly requires the services of a foreign national with extraordinary ability. The signatory further attests that based on a review of the Beneficiary's career track record and achievements, the Beneficiary undoubtedly possesses extraordinary ability in the field of fashion modeling and this has enabled her to achieve prominence and distinction in the field. V. Proof of Prominence The Beneficiary has sustained national and international acclaim and recognition for her achievements in modeling. With this petition, we will provide a representative sampling of the Beneficiary's work product to give the Service an idea of the totality of the Beneficiary's recognition and prominence. Please note that this is only a representative sampling and is by no means a complete portfolio of the Beneficiary's work. However, in the interests of timeliness, it 3 EFTA00309130 is impractical if not impossible. to collect and submit evidence of each and every modeling job done by the Beneficiary We trust the Service understands this and will consider the totality of the evidence submitted in accordance with the "preponderance of the evidence - standard and its own adjudication guidelines. before requesting evidence of every publication in which the Beneficiary has appeared. On the following pages we will show by a preponderance of the evidence that the Beneficiary satisfies at least the requisite three — and. in fact, five — of the criteria required to demonstrate prominence in the field of fashion modeling A. Evidence that the Beneficiary has performed, and will perform, a lead, starring role for productions and events that have a distinguished reputation. 1. Ms Lead/Starring Role for Fashion and Lifestyle Publications Top fashion and lifestyle publications rely on eye-catching images to attract readers and consumers The models who appear on their covers and in their editorials are key to ensuring that they are targeting the desired consumers Ms •s been featured in the following publications. among others (the following list is not exclusive). 'V N" 'V N" N" V V V L'Officiel L'Officiel Hommes Elle Maxim GQ Men's Health Sky Life (Cover) Lamoda Marie Claire Cosmopolitan Dobrie Sovetie . and more For evidence and confirmation of these appearances. see the Beneficiary's tear sheets attached at Exhibit B. Each image has been identified as to the publication, and furthermore, many of the tearsheets specifically show the publication name and refer to the Beneficiary by name. Please note that a model can appear in hundreds of editorials every year. Therefore it is unreasonable to expect that a model can provide an image for each and every job the model has worked. Submitted at Exhibit B is a representative sample of tear sheets evidencing the Beneficiary's appearances in the above-listed publications. We attach information about a representative selection of the above-named magazines. which evidences their distinguished nature. at Exhibit C. As discussed, under the preponderance of the evidence standard. the Petitioner is not required to provide information about the distinguished reputation of each and every production for which the Beneficiary has appeared The Petitioner therefore provides information about a representative sampling of publications The publications which Ms has appeared in are some of the top fashion and lifestyle publications in the world. Hundreds of models attend castings for an opportunity to appear in these publications Out of those hundreds. Ms is consistently selected to feature as the EFTA00309131 starring model in multiple page editorial spreads. Furthermore, she has been featured by name and interviewed about her career as a model in Maxim Magazine,_QQMexico,_Jurgita Magazine. Cosmopolitan is the best-selling young women's magazine in the U.S., reaching more than 17 million readers a month. Cosmopolitan delivers the latest news on relationships, work and money, fashion and beauty, health, self-improvement and entertainment. In addition to the U.S. flagship, Cosmopolitan is present in more than 80 countries around the world and is published by one of the one of the biggest media companies in the world. Hearst. Maxim: Maxim is an international men's magazine launched in 1995. It has a circulation of approximately 9 million readers each month, with their digital edition reaching over 4 million viewers per month. It is published in 16 editions and sold in 75 countries around the world. GQ Mexico: GQ was launched in 2006 and is a leading authority on men's fashion and lifestyle. It has won the CANIEM award twice and has readership figures of 1.203, 328 and circulation of 300,832. For a magazine, the photographs are the single most important factor in securing publication sales. The individuals featured on the pages of a magazine are the first to catch the attention of a potential reader. As such, many top publications feature the most popular actresses. musicians, and other celebrities. A model appearing in such publications must also have the power to convince a consumer to purchase the publication, thereby driving sales and advertising revenues. For fashion magazines in particular, this is absolutely paramount, as images are the primary driver of sales for these periodicals. In order to produce a magazine editorial, magazine cover, runway show, advertising campaign. or catalogue, the company is required to enlist the services of numerous professionals. including hair, makeup and wardrobe stylists, lighting professionals, photographers, videographers, marketing personnel, copywriters, and numerous others. The model, however, is at the very forefront of each production because the model is what the consumer sees. The model necessarily plays a leading and starring role in these productions because she is the sole person that the consumer sees. The model's image is the sole connection between the production or event and its consumers and as such, the model is singlphandedly responsible for captivating the com an 's consumers and promoting sales. When featured in the publications listed above, Ms. starred in a distinguished production (the magazine) and played a critical role for these mag_azines serving as a key factor in securing sales. Through her image she is able to capture consumer attention, which drives potential readers to pick up the magazine and purchase copies. The Service has previously considered nearly identical supporting evidence and has concluded that it does establish qualification for this criterion. Such past acknowledgements by the Service reflect the Service's prior understanding that fashion models who appear on the cover and in editorials of renowned publications are undoubtedly playing a critical role for the production as they must audition for the role, and are only cast if they meet the criteria of critical importance to the production. 2. Ms. Lead/Starring Role for Advertising Campaigns and Runway Shows When a model is featured in a runway show, advertising campaign or marketing materials for an esteemed designer or brand, she stars in a "distinguished production