Professional Documents
Culture Documents
Attorneys-At-Law
74-09 37 Avenue, Suite 309A
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Phone: (646)462-4246
Jackson Heights, NY 11372 Fax: (646) 355-0117
RE: Form I-140, Immigrant Petition for Alien Worker, First Employment-Based
Preference (EB-1) Alien with Extraordinary Ability as a Broadcast
Journalist/Media Personality
Form I-140, Immigrant Petition for Alien Worker, First Employment Preference (EB-1),
Alien with Extraordinary Ability pursuant to § 203(b)(1)(A) of the INA and 8 CFR
204.5(h)(3).
8 C.F.R. Part 204 Section 204.5(h) provides that in order to qualify as an alien with
extraordinary ability or any person on behalf of the alien, may file an I-140 visa petition
for classification under section 203(b)(1)(A) of the Immigration and Nationality Act
athletics. The term “extraordinary ability” means a level of expertise indicating that the
individual is one of the small percentage, who has risen to the very top of the field of his
endeavor.
Under 8 C.F.R. Part 204 Section 204.5(h) (3), a petition for an alien of extraordinary
ability must be accompanied by evidence that the alien has sustained national or
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international acclaim and that his achievements have been recognized in the field of
expertise. On the other hand, depending on the nature of the claim, a one-time major
probative of the fact that the alien has reached the summit of his occupation. In the
absence of such a major, internationally recognized award, however, the petitioner may
not rely solely on the alien beneficiary’s past achievements to establish the alien’s
of the INA. As noted in Paragraph (A) of above section, the regulation allows the
petitioner to provide evidence that the alien beneficiary has the requisite sustained
acclaim and recognition by submitting evidence of at least three of the following ten
1. Introduction:
extraordinary ability and she has risen to the very top level of Nepali journalists. She has
sustained national or international acclaim and her achievements have been recognized in
the specific field of expertise. Ms. Ghosh has not received any internationally recognized
awards, such as Nobel Prize. However, she has sustained such national or international
Ms. Ghosh is a native and citizen of Nepal. She was born on August 15, 1983. She is a
broadcast journalist/media personality known in Nepal and the South Asian community
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such as India, Pakistan, Maldives, Sri Lanka, Bangladesh and Bhutan. She performed for
Maryland and other countries. She has broadcasted more than two hundred (200)
television shows and stage programs. She has been in media for more than eight (8)
years.
She started her career in media as an anchor for Hits FM 91.2, the most popular FM
station in Kathmandu Valley, Nepal in 2003. She presented the following programs in
Nepal: “Cool Times,” “Dhoom Dhamaka,” “Chaat Buster,” “Patra Lahar,” “High
Voltage.” Hits FM 91.2 was established in 1996 and it is on air twenty-four (24) hours
every day. She also worked as a radio jockey at Radio Nepal where she presented
programs like “Fool Times,” “Nishana Achuik,” “Gharsangi” and “Bollywood Express.”
Radio Nepal is on air eighteen (18) hours daily, which includes over three (3) hours of
regional broadcasts. She hosted programs for Nepal FM. She was honored as the most
popular presenter for “Timro Sur Mero Geet,” Nepal Television (“NTV”) in 2004. NTV
Union.
She became a producer and presenter of Nepal’s most popular and entertaining television
show, “The Pawankali Show” for Kantipur Television in 2006. Her persona, Pawankali,
is also known as the new voice of the masses in Nepal. The half-an-hour television
program airs every Saturday at 7:30 pm. The show had an avant garde format. She
from prime ministers, politicians, bureaucrats, beauty queens to singers and artists.
People related to her character so much because she had the audacity to ask the important
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station beaming 24/7 to more than a hundred countries across the Pacific, the Indian
3 out of 10 Criteria
A petition for an alien of extraordinary ability must be accompanied by evidence that the
alien has sustained national or international acclaim and that his/her achievements have
Such evidence shall include at least three of the following ten criteria:
recognized prizes or awards for excellence in the field of endeavor under 8 C.F.R.
§204.5(h)(3)(i): -
Excellence from Nepali Media and letter certification from Krishna Khandel,
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2. “Award of Excellence-2008”- Outstanding Professional Excellence and
100,000.00 Nepalese Rupees were given with the award. I was nominated
to media awareness.
channel in Nepal. She received this award for excellent performance in her
show was most popular all over the country and in abroad.
and Nepali Artist from Civil Forum Nepal. Civil Forum Nepal (CFN), a non-
programmes for the well being of all Nepalese people. It also aims at bringing
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C.P. Mainali, Hon. Deepak Bohara,Hon. Prof. Dr. Upendra Devkota,Hon.
Tamang are among the advisors of this organization. (for further information,
for Peace & Development: She was honored by this organization for my
excellent work in Nepali media. This honor was given to her by Hon. Amik
Guest) and Mr. Ramchandra Pokhrel, President of Civil Voive for Peace &
Development.
awarded by the Cultural Honor from the Society of Nepali Film Director for
her work as an anchor and program producer at the Kantipur Nepal Television
Felicitation from one of the most prestigious artistic and cultural group of
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Nepal named Harati Cultural Group. Harati Cultural group is one of the most
prestigious and oldest Cultural groups in Nepal. This organization works for
by a panel of judges from the Nepali artists, intellectuals and most senior and
Only those people who have risen to very top level of Nepali media industry
talent can receive these awards. In order to qualify for the nomination for the
communication industry.
Ms. Ghosh has also received following National and International Level
the Status of Women and Beijing Review” in New York from March 1-12,
2010. I was tasked to advocate for the advancement of the status of women in
Nepal, particularly for the excluded and marginalized women and girls by the
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2. “The Certificate of Appreciation,” from Donguk University, South Korea;
Based on above facts and achievements, Petitioner / Beneficiary has met criterion under 8
(ii) Documentation of the alien’s membership in association in the field for which
§204.5(h)(3)(ii): -
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achievements of their members, as judged by national or international experts in their
disciplines or field.
Journalists has over five thousand (5,000) active members involved in journalism in
Nepal. They belong to a myriad of modern media fields. The half-a-century old
member of the International Federation of Journalists. She has been a general member of
the association since 2003. She has been nominated by the current Executive Committee
for Ethics and Code of Conduct Committee permanent membership due to her
Award she received in 2008. She was also nominated as Council Member by the Central
Working Committee of the association. Council Members can take part in the annual
represented the Nepal in the 54th Session of the Commission on the Status of Women and
Beijing Review held in New York, March 1-12, 2010. UNFPA, the United Nations
Population Fund, is an international development agency that promotes the right of every
woman, man and child to enjoy a life of health and equal opportunity. UNFPA supports
countries in using population data for policies and programs to reduce poverty and to
ensure that every pregnancy is wanted, every birth is safe, every young person is free of
HIV, and every girl and woman is treated with dignity and respect.
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UNAIDS in 2005. Its main objective is to advocate for strengthened leadership for action
on HIV/AIDS in all sectors and at all levels. She is an active youth leader of the APLF.
She was selected due to my strong influence transcends age groups and socio-economic
backgrounds. The forum saw my popularity as “Pawankali,” the character she portray on
America.
(iii) Published materials about the alien in the professional or major trade
publications or other major media, relating to the alien’s work in the field for which
classification is sought. Such evidence shall include the title, date, and author of the
Evidence: various national and international news paper clippings, Website print-outs.
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4. Australian Helard (Thursday March 10, 2011) “Bengali Beauty Nepal’s New
Vox Populi.”
5. “A Star Turn,” a news article published about Mampi Ghosh and her
http://todaysyouthasia.com).
www.fursad.com.
forums.com .
2225,000 results.
of the work of others in the same or an alien field for which classification is sought under
8 C.F.R. §204.5(h)(3)(iv):-
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With nearly 5000 dynamic members practicing journalism across the length and
media fraternity of the nation. They belong to every sphere of the modern media.
journalist cum freedom fighter Krishna Prasad Bhattarai, who later became the
participated and competed with their best documentary to qualify for this award.
Ms. Ghosh was one of the two judges during the event held during International
Press Day.
2. Chief Judge, Annual Nepali Songs, Music, Dance and Acting Competition,
4. Jury Member, Little Kids Mega Talent Contest-2064 (2007), Pokhara, Nepal.
judge other’s work in her field which she achieved based on her deep knowledge
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-
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Clarification: Petitioner/beneficiary has submitted several recommendation letters from
established that petitioner’s contribution in her field has set her significantly above than
others in Nepali broadcasting media and mass communication industry. AAO has set
principles that alien’s high popularity can establish alien’s original scientific, scholarly,
Petitioner has produced a very famous TV Show, she has outstanding contribution to
Nepali media industry. She has also represented her home country before various
international institutions, including the United Nations. AAO has also considered that
alien’s work has led to changes in the field or has been used as a guideline or training tool
by others in the field. In this case, the petitioner has originally and significantly
contributed to create different kind of TV show which is very popular among Nepali
people.
1. “To Whom It May Concern,; letter from Dr. Shankar P. Sharma, Hon.
Ambassador of the Embassy of Nepal in the United States, dated March 07, 2011.
2. “To Whom It May Concern,’ letter from Anuradha Koirala, Chairperson of Maiti
February 9, 2011;
4. “Letter Recommendation for Ms. Mampi Ghosh,” from Mr. Prem Raja Mahat,
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5. Recommendation Letter from Mr. Dharma Adhikari, Journalist, Teacher, Georgia
2002 Magsaysay Award, known more popularly as the Nobel Prize of Asia dated;
6. “To Whom It May Concern,” Recommendation Letter from Mr. Sree Sreenivasan,
Dean of Student Affairs and Digital Media Professor, Columbia Journalism School
7. “Letter of Appreciation,” from Mr. Ghamaraj Luitel, Station Manager of Radio 102.4
8. “To Whom It May Concern,” Recommendation Letter from Ms. Kamala Sarup,
development. She has published works on empowering women in South Asia and the
prevention of trafficking in women, as well as two story collections. Ms. Sarup is also
10. “Recommendation,” from Mr. Govinda Giri Prerana, Senior Vice President of Global
Federation of Nepali Literature dated January 5, 2010;
11. “To Whom It May Concern,” letter from Sundar Gurung, Convener, 28 th ANA
Convention, Boston, Association of Nepalis in the Americas (ANA), dated March
13, 2011.
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12. Letter of recommendation from Rajendra Sharma, Executive Director of Antena
Foundation Nepal, media content production company, Kathmandu, Nepal, dated
March 03, 2011.
13. Recommendation from Damaru Prasad Bhandari, Executive member of reporters
Club Nepal.
Therefore, this major contribution should establish and meet the criterion of (v) required
professional or major trade publications or other major media under 8 C.F.R. §204.5(h)
(3)(vi): -
(vii) Evidence of the display of the alien’s work in the field at artistic exhibition or
Television and cultural programs. We can argue comparatively that these are evidence of
the display of the alien’s work in the field or artistic exhibition or showcases. Please also
2. Various websites printing about the work of Ms. Mampi Ghosh and her
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(viii) Evidence that the alien has performed in a leading or critical role for
§204.5(h)(3)(viii): -
Country Office, Commission on the Status of Women- She represented the Nepal
in the 54th Session of the Commission on the Status of Women and Beijing Review
held in New York, March 12, 2010. Ms. Ghosh was given the honor of working in
this program because of her popularity and considerable women’s rights advocacy
agency that promotes the right of every woman, man and child to enjoy a life of
health and equal opportunity. UNFPA supports countries in using population data for
policies and programs to reduce poverty and to ensure that every pregnancy is
wanted, every birth is safe, every young person is free of HIV, and every girl and
woman is treated with dignity and respect. The importance of gender equality and
was selected as one of the eight Millennium Development Goals. Beyond being a
goal in itself, gender equality is also a driver for all the MDGs, and is intimately
linked and specifically connected to goals to improve maternal and newborn health
and reduce the spread of HIV. UNFPA's gender framework incorporates four
strategic linkages that address critical factors underlying inequalities and rights
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established in tandem with UNAIDS in 2005. It advocates for strengthened
leadership for action on HIV/AIDS in all sectors and all levels of society. It also
identifies new opportunities to engage other leadership that has not been involved in
responding to the AIDS epidemic. The strategy of the APLF is to leverage leadership
country-level work. Ms Ghosh was nominated and recognized by this forum due to
January 2010. Her influence as a youth leader transcends age groups and socio-
industry. The ‘Pawankali’ show was a new format. In the show, she portrayed a
village girl wearing traditional garb interviewing public figures with diverse
backgrounds. People related to the character so much because Ms. Ghosh had the
audacity to ask the important questions and whatever was in everyone’s mind.
network. Ms. Ghosh essentially contributed to the stability of the network’s news
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Television Netwrok and Joint Commendation to Mampi from Broadcast Journalist
colleagues.
(ix) Evidence that alien has commanded a high salary or other significantly high
remuneration for services, in relation to others in the field under 8 C.F.R. §204.5(h)
(3)(ix): -
1. “To Whom It May Concern,” Letter from her Chartered Accountant Mr. Shrish
Chandra Lal, CEO of S.C. Lal Associates, Kathmandu, Nepal, dated August 23,
2010;
Accountants;
3. “To Whom It May Concern,” letter from P K Pradhan, Dy. General Manager of
Everest Bank Limited (A Joint –Venture with Punjab National Bank, India),
(x) Evidence of Commercial success in the performing arts, as shown by box office
receipts or record, cassette, compact disk, or video sales under 8 C.F.R. §204.5(h)(3)(x):
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Ms. Mampi’s TV show, The Pawankali Show, became the most watched show in
Nepal. I She has presented and broadcasted more than two hundred (200)
television shows and stage programs. Due to such popularity, Ms. Ghosh became
a well-known and reputable celebrity. She has achieved commercial success in the
Evidence and Explanation: The AAO has established that this criterion is
commercially successful ensemble will be given little weight. With regard to the
substantial prospective benefit, the AAO has clarified that this requirement is
usually satisfied by evidence that the alien will continue to work in his or her field
confirmed that national recognition is sufficient to qualify for EB-1 status and an
salary, for example, the USCIS should consider the alien’s salary in relation to
Please also review other evidences submitted in other exhibits which relatively
Ms. Ghosh has identified a specific target audience for her future endeavor in the United
States. The Nepali communities are in need of a comprehensive media project here in the
US. She has put together a talented team of media practitioners and management
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executives who will be reporting from Washington, D.C., New York, Texas and
California. She plans to produce the media project in the US. A feasible business plan is
She has every expectation that if thoroughly reviewed the outstanding contributions in the
performance, unparalleled talent and success as a broadcast journalist in Nepal has made
her a person on the very top of her field of endeavor. Thus, we believe that she possesses
journalist which indicates that she is that individual who risen from the bottom to the
Furthermore, we believe that her constant involvement in this area will substantially
benefit the United States and the people living in this multicultural society that values
diversity as global issues and current affairs become a more important part of our lives.
If necessary, we are more than happy to submit additional documents and evidence to
Based on above facts and supporting evidentiary documents, I kindly request you to
approve Ms. Ghosh’s I-140, Immigrant Petition for Alien, First Employment Based
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National Acclaim: A federal court held that sustained international acclaim is not
he/she was one of the top in the field sought in his/her country as demonstrated by receipt
of nationally recognized prizes, participation as a judge of the work of others in the field,
original scientific contribution of major significance in the field, and command of high
salary in relation of others in the field in his country. The court further held that alien
does not need requirement of international recognition which the statute does not require;
national recognition is sufficient. The AAO also held that an alien’s extraordinary ability
must be judged by national standards in cases which a person has not achieved
international acclaim. Court further held that alien’s salary does not need to be converted
in U.S. dollars and alien’s salary should be considered in relation to others of his field in
his country.
posters, photographs and evidence in documentation that clearly establishes that she is
one of the top in her field in Nepali broadcast journalism and mass media. She is one of
few in her field who has risen to the top of her field as she has demonstrated by receipt of
many nationally recognized prizes, awards, and tokens of appreciation from national
evaluate other Nepali journalists and artists in national level of the broadcast journalism
and mass media field and which she gained expertise, extraordinary journalistic talent
and almost a decade-long of significant contribution to the Nepali media industry. She
also has original, scientific contributions of major significance in the Nepali journalistic
field as she has created a very popular Nepali TV show. It has been a great success and
very influential to a wide scope of viewers in Nepal. Many new journalists want to
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follow her example. She has also commanded a very high salary in her field as she is one
Thus, Petitioner/Beneficiary has clearly established that she is nationally recognized and
popular Nepali broadcast journalist with her extraordinary journalistic talent. She is one
of the small percentages who has risen to the very top of her field in comparison to others
in such field of endeavor. She has met the criteria of National Acclaim.
National or International acclaim under 8 CFR 204.5 (h) (3). Because of which, we have
establish that the alien has sustained national or international acclaim and alien’s
achievements have been recognized in the field of expertise. It has also asked that in
acclaim we should bear in mind that such acclaim must be uninterrupted and ongoing.
Here, Ms. Ghosh started her media journey since 2002 and she has been continuously
involved in achieving national and international acclaim. She has been uninterruptedly
maintaining comparable level of acclaim. The regulations allow the petitioner to provide
evidence that the alien beneficiary has the requisite sustained acclaim and recognition by
submitting evidence of at least three of the ten criteria set forth in 8 CFR 204.59(h) (3).
Petitioner/Beneficiary has claimed and met 9 out of 10 criteria and qualifies as an alien
with extraordinary ability as a broadcast journalist. She has clear intention and
opportunities to work continuously in her field as a Broad Journalist in the United States
and this will substantially benefit the highly diverse culture and interest of the United
States. We request for her I-140, Immigrant Petition for Alien Worker based on First
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journalist under 8 C.F.R. §204.5(h) (3) be approved. We also request approval her
Thank you for your consideration on this matter. Should you have any questions, or if
………………………
Dilli Raj Bhatta, Esq.
The Bhatta Law Firm, P.C.
74-09 37th Avenue, Suite 309A
Jackson Heights, NY 11372
Ph: (646) 462-4246
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