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The Bhatta Law Firm, P.C.
Attorneys-At-Law
74-09 37th
Avenue, Suite 309A Phone: (646)462-4246
Jackson Heights, NY 11372 Fax: (646) 355-0117
March 17, 2011
USCIS Texas Service Center
Attn: I-140
4141 St. Augustine
Dallas, TX 75227
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
Petitioner/Beneficiary: GHOSH, Mampi
Dear Adjudicating Officer,
This supporting letter is respectfully submitted in support of Petitioner/beneficiary’s
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
(“Act”) as an alien of extraordinary ability in the sciences, arts, education, business, or
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
achievement, such as a Nobel Prize, might satisfy this requirement, provided it is
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
eligibility for classification as an alien of extraordinary ability under section 203(b)(1)(A)
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
criteria set forth in 8 C.F.R. Part 204 Section 204.5(h) (3).
Ms. Mampi GHOSH is an alien with Extraordinary Ability in Broadcast
Journalism/Mass Communication category: -
1. Introduction:
Ms. Mampi Ghosh is a Nepali broadcast journalist/media personality with an
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
acclaim under 8 C.F.R. Part 204 Section 204.5(h) (3).
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
Nepalese communities in Washington D.C., Virginia, California, New York and
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
is headquartered in Kathmandu, and a full member of the Asia Pacific Broadcasting
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
portrayed a village girl wearing traditional garb interviewing prominent personalities
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
questions and whatever was in everyone’s mind. Kantipur Television is a television
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station beaming 24/7 to more than a hundred countries across the Pacific, the Indian
subcontinent and North America.
3 out of 10 Criteria
8 C.F.R. §204.5(h) (3)
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
been recognized in the field of expertise.
Such evidence shall include at least three of the following ten criteria:
(i) Documentation of the alien’s receipt of lesser nationally or internationally
recognized prizes or awards for excellence in the field of endeavor under 8 C.F.R.
§204.5(h)(3)(i): -
Evidence: Petitioner / Beneficiary has received following nationally or internationally
recognized prizes or awards for her excellence in the field of endeavor:
National Level Awards: -
1. Award of Excellence- Outstanding Professional Excellence and Incredible
Contribution to Nepali Media Industry, 2008: Nepali Media
This award is a prestigious national award given to a media practitioner who
has extraordinary and comprehensive contribution to the industry. Awardees
are chosen by a panel of experts from various media houses including
Sagarmatha Television, BFBS Television, Kantipur Television Network,
Nepal Television in cooperation with Nepal Media. (Please review Award of
Excellence from Nepali Media and letter certification from Krishna Khandel,
Nepali Media enclosed with this petition.
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2. “Award of Excellence-2008”- Outstanding Professional Excellence and
Incredible Contribution to Nepali Media Industry, 2008: Nepali Media:
This award is a prestigious national award given to a media practitioner who
has extraordinary and comprehensive contribution to the industry. Awardees
are chosen by a panel of experts from various media houses including
Sagarmatha Television, BFBS Television, Kantipur Television Network,
Nepal Television in cooperation with Nepal Media. A certificate and a sum of
100,000.00 Nepalese Rupees were given with the award. I was nominated
due to my performance popularity as ‘Pawankali’ and my major contribution
to media awareness.
3. “Best TV Programme Presenter Award-2009,” in honor of Excellent
Performance in the Popular TV Show ‘Pawankali’, 2009: She received this
award in 2009 from the Shangri-La Television which is a national television
channel in Nepal. She received this award for excellent performance in her
popular TV Show ‘Pawankali.” This recognition of her popularity and her
show was most popular all over the country and in abroad.
4. “National Citizen Honor-2008,” from Civil Forum Nepal. She received
this “National Citizen Honor-2008,” for my contribution to Nepali Art, culture
and Nepali Artist from Civil Forum Nepal. Civil Forum Nepal (CFN), a non-
government organization, was established to produce and conduct different
programmes for the well being of all Nepalese people. It also aims at bringing
out different publications and organized various national and international
cultural shows. G. P. Dhungel is the founder chairman of this organization.
Rastra Kabi (Nation Poet) Madhav Prasad Ghimirey, Janakavikeshari
Dharmaraj Thapa,Hon. Modnath Prashrit,Hon. Ananda Pd. Dhungana,Hon.
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C.P. Mainali, Hon. Deepak Bohara,Hon. Prof. Dr. Upendra Devkota,Hon.
Keshav Thapa,Hon. Major Deepak Bdr. Gurung, Prof. Dr. Jayaraj
Acharya,Hemraj Gyawali, Phatteman Rajbhandari, NRN. Narayan
Shrestha,Tulsi Ghimirey,Dr. Bhola Rijal, Manjul Nepal,Madankrishna
Shrestha,Haribansha Acharya,Rtn. Senon Dorjee Lama (PHF),Er. I. R.
Tamang are among the advisors of this organization. (for further information,
please check www. http://civilforumnepal.org.np)
5. “Honor-,” from Rastriya Sarokar Abhiyan Nepal (National Concern
Campaign Nepal), Anamnagar, Kathmandu. This Honor from National
Concern Campaign Nepal was awarded to me for my 8 years long excellent
contribution in Radio Nepal, various FM Radio Stations and my most popular
television show “Pawabkali.”
6. “Honor- for Outstanding Contribution to Media 2006,” from Civil Voice
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
Sherchan, Vice-prime Minister and Health and Population Minister (Chief
Guest), Hon. Ramesh Lekhak, Minister of Labor and Transportation (Special
Guest) and Mr. Ramchandra Pokhrel, President of Civil Voive for Peace &
Development.
7. “Cultural Honor-2007,” by Society of Nepal Film Director: She was
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
and her contribution to the Nepalimedia.
8. “Harati Felicitation-2005,” by Harati Cultural Group: She received this
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
development and promotion of Nepali culture, music, and heritage. This
Organization also organizes Annual Facilitation Programs to honor most
excellent and extraordinary Nepali artists, journalist, writers for their
significant contribution to Nepali arts and culture. Such Felicitation as chosen
by a panel of judges from the Nepali artists, intellectuals and most senior and
reputable persons from the Nepali society.
Explanation of Standard and Criteria of above Awards: These Awards are
nationally recognized and most reputable in the Media industry of Nepal.
Only those people who have risen to very top level of Nepali media industry
through their long-time and/or outstanding contribution to the field of
Broadcasting Media and mass communication, and extraordinary Journalistic
talent can receive these awards. In order to qualify for the nomination for the
awards, Journalist’s publication or performance or work must be popular with
high demand according to the standards of broadcasting media and mass
communication industry.
Ms. Ghosh has also received following National and International Level
Appreciation and Recognition:
1. “Represented Nepal in the United Nations 54th
Session of the Commission on
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
UNFPA Nepal Country Office.
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2. “The Certificate of Appreciation,” from Donguk University, South Korea;
September 22, 2010.
3. “Certificate of Appreciation,” for Outstanding Support in a Cultural Event,
“Namaste-America 2010,” by Global Nepal Media House, Baltimore,
Maryland; July 11, 2010.
4. “Certificate of Completion,” for Visual Storytelling: Best Journalistic
Practices, International Association of Women in Radio and Television,
University of Oklahoma, Gaylord College of Journalism and Mass
Communication, Norman, Oklahoma; January 11-14, 2008;
5. “Certificate of Appreciation,” School Net-Japan and Himalayan White House
International College, Kathmandu, Nepal; January 22-27, 2006;
6. “Certificate of Appreciation,” HIV/AIDS Short Film Competition, USAID,
Nepal, Kathmandu, Nepal, 2008
(Please review attached documents in Exhibit C.)
Based on above facts and achievements, Petitioner / Beneficiary has met criterion under 8
C.F.R. §204.5(h)(3)(i) as alien’s receipt of lesser nationally or internationally recognized
prizes or awards for excellence in the field of endeavor.
(ii) Documentation of the alien’s membership in association in the field for which
classification sought, which require outstanding achievements of their members, as
judged by national or international experts in their disciplines or fields under 8 C.F.R.
§204.5(h)(3)(ii): -
Evidence: Petitioner / Beneficiary is associated, member and leader of following
organizations in the field which classification sought, which require outstanding
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achievements of their members, as judged by national or international experts in their
disciplines or field.
1. “General Member” of Federation of Nepali Journalists- Federation of Nepali
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
organization of professional media practitioners in Nepal is a staunch advocate of peace,
democracy, press freedom and human rights. It is headquartered in Kathmandu and it is a
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
outstanding contributions to Nepali media and in recognition of the Media Excellence
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
national assembly and elect members of the Executive Committee.
2. “National Delegation Representative,” United Nations Population Fund
(“UNFPA”), Nepal 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 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.
3. “Youth Leader”, Asia Pacific Leadership Forum (“APLF”) on HIV/AIDS
and Development –APLF is a regional initiative established in partnership with
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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
the famous television program, an opportunity to utilize media as an instrument for
awareness and education.
4. “General Member” of Television Art Workers’ Forum of Nepal (“TAFON”)
– She has been a member of the organization since 2008.
5. Executive Member” of International Artists Forum, United States of
America.
Therefore, Petitioner/Beneficiary has met 8 C.F.R. §204.5(h)(3)(ii).
(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
material, and any necessary translation under 8 C.F.R. §204.5(h)(3)(iii): -
Evidence: various national and international news paper clippings, Website print-outs.
1. “Pawankali Gets Bold and Trendy,” published on The Kathmandu Post,
August 23, 2008;
2. “Mampi’s new avatar as Pawankali,’ published on The Kathmandu Poast.
3. “Women To Watch 2010,” Mampis Ghosh published on the cover page of
VOW (Voice of Women), one of the most Prestigious Nepali Women’s
Magazine, January 2010.
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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
television show “Pawankali,” published on www.nepalitimes.com.np on
March 02, 2007.
6. “Perfect Reasons for me to quit School,” an interview with Mampi Ghosh,
published on Today’s Youth Asia,” in May 2008 (www.
http://todaysyouthasia.com).
7. “Mampi ‘Pawankali’ Ghosh,” an interview of Ms. Ghosh published on
www.fursad.com.
8. “ye Baaaaa!,” Mampi’s Interview published on VOW (Voice of Women).
9. “Bengali Beauty Nepal’s New Vox Populi,” by sudeshana Sarkar, Indo-Asia
News Service, Monday, March 26, 2007, published on www.indi-forums.com
.
10. “The Pawankali Show,” a copy of fan page on the Facebook.
11. Google Search of “Pawankali” Mampi’s famous TV Show generates about
2225,000 results.
Therefore, Petitioner/Beneficiary has met the criterion under 8 C.F.R. §204.5(h)(3)(iii)
(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge
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):-
1. Judge, ‘Young TV Journalists’ Award 2009, May 3rd, 2009: -
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With nearly 5000 dynamic members practicing journalism across the length and
breadth of Nepal, Federation of Nepali Journalists (“FNJ”) represents the entire
media fraternity of the nation. They belong to every sphere of the modern media.
The inception of providing professional leadership to Nepalese media persons was
initiated in March 29, 1956 through the establishment of Nepal Journalists
Association (NJA) which gave opportunity to the journalists of Nepal to be
organized under one umbrella. The Association was established by noted
journalist cum freedom fighter Krishna Prasad Bhattarai, who later became the
Prime Minister of Nepal after the restoration of democracy in 1990. 35 journalists
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,
organized by Best Music and Arts Academy, Kathmandu, Nepal.
3. Judge, Xavier National Level Drama Competition,” December 24, 2004,
organized by Xavier International College, Kathmandu, Nepal.
4. Jury Member, Little Kids Mega Talent Contest-2064 (2007), Pokhara, Nepal.
Thus, petitioner/beneficiary has established that she has participated as a judge to
judge other’s work in her field which she achieved based on her deep knowledge
of Nepali broadcasting media and mass communication and long-term
outstanding contribution to Nepali media industry.
Therefore, Petitioner/Beneficiary has met the criterion 8 C.F.R. §204.5(h)(3)(iv).
(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-
related contributions of major significance in the field under 8 C.F.R. §204.5(h)(3)(v): -
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Clarification: Petitioner/beneficiary has submitted several recommendation letters from
Government of Nepal, Reputed Organizations, colleagues, and experts, which clearly
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,
artistic, athletic, or business-related contributions of major significance in the field.
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
Nepal and CNN Hero 2010, dated March 15, 2011.
3. “To Whom It May Concern,” Recommendation Letter from Mr. Rajendra K.
Khetan, Honorable Member of Constitutional Assembly and Legislative
Parliament of Nepal, Honorary Consul of Portugal, President of Socio Economic
Young Entrepreneurs’ Council and Nepal Britain Chamber of Commerce dated
February 9, 2011;
4. “Letter Recommendation for Ms. Mampi Ghosh,” from Mr. Prem Raja Mahat,
Honorary Consul of Nepal to United States of America (Maryland and
Pennsylvania) dated December 17, 2010;
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5. Recommendation Letter from Mr. Dharma Adhikari, Journalist, Teacher, Georgia
Southern University, 2006 Winner of prestigious South Asian Journalism Award
for “Outstanding Editorial/Op-Ed/Commentary” for his article, “The Reversal of
Democracy in Nepal,” and author of A Compassionate Journalist, a biography of
Bharat Dutta Koirala, Father of Nepali Development Journalism and winner of
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
dated November 10, 2011;
7. “Letter of Appreciation,” from Mr. Ghamaraj Luitel, Station Manager of Radio 102.4
and Chief Producer of Radio Sagarmatha;
8. “To Whom It May Concern,” Recommendation Letter from Ms. Kamala Sarup,
Director, Editor-in-Chief of PeaceJournalism.com dated September 4, 2010. Ms.
Sarup focuses on issues related to peace, women, terrorism, democracy and
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
active in programs to aid women's development in Nepal;
9. “About Mampi,” Letter Recommendation from P. Kharel, Chairman of Nepal Press
Institute and professor at the Central Department of Journalism and Mass
Communications, Tribhuvan University, Nepal dated September 12, 2010;
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, 28th
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
under 8 C.F.R. §204.5(h)(3)(v).
(vi) Evidence of the alien’s authorship of scholarship articles in the field. In
professional or major trade publications or other major media under 8 C.F.R.
§204.5(h)(3)(vi): -
Ms. Ghosh is not claiming for this category.
(vii) Evidence of the display of the alien’s work in the field at artistic exhibition or
showcase under 8 C.F.R. §204.5(h)(3)(vii): -
Evidence: Petitioner/Beneficiary has submitted several posters, letters, photographs, and
websites print-outs as evidence of her national and international performance in various
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
review other relative evidence submitted with this petition.
1. Photographs of Ms. Ghosh with various celebrities, national and
international personalities, her participation in various programs and
signing autographs with her fans;
2. Various websites printing about the work of Ms. Mampi Ghosh and her
famous show “Pawankali.”
Therefore, 8 C.F.R. §204.5(h)(3)(vii) has been met.
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(viii) Evidence that the alien has performed in a leading or critical role for
organizations or establishments that have a distinguished reputation under 8 C.F.R.
§204.5(h)(3)(viii): -
1. “National Delegation Representative,” United Nations Population Fund, Nepal
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
efforts. United Nations Population Fund (“UNFPA”) 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. The importance of gender equality and
women's empowerment to development progress is underscored by the fact that this
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
violations: girls' education, women's economic empowerment, women's political
participation and the balancing of reproductive and productive roles.
2. “Youth Leader,” of Asia Pacific Leadership Forum on HIV/AIDS and
Development: - Asia Pacific Leadership Forum (“APLF”) is a movement
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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
within countries, while also undertaking regional activities to complement the
country-level work. Ms Ghosh was nominated and recognized by this forum due to
my reputation as a broadcast journalist and my reproductive health advocacy in
January 2010. Her influence as a youth leader transcends age groups and socio-
economic backgrounds. The forum saw her popularity as an opportunity to utilize
media as an instrument for awareness and education.
3. “Program Producer and Presenter,” Pawankali Show, Kantipur Television
Network: “Letter of Appreciation” from Kailash Sirohiya, Chairman and Managing
Director, Kantipur Television Network; “Joint Commendation” from Colleagues,
Poonam Poudel, journalist; Prabha Amatya, journalist; Mridula Khanal, journalist;
Suraj Singh Thakuri, journalist; Sareeta Gyawali, journalist; Bijaya Poudel,
journalist; -Mampi Ghosh proposed and implemented innovations in the media
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.
Further, she was successful in motivation of newspersons and personnel which
resulted in significant increase in productivity, profitability and circulation of the
network. Ms. Ghosh essentially contributed to the stability of the network’s news
media venture. (Please review Letter of Appreciation from Chairman of Kantipur
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Television Netwrok and Joint Commendation to Mampi from Broadcast Journalist
colleagues.
Therefore, 8 C.F.R. §204.5(h) (3)(ix) has met.
(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): -
Ms. Mampi Ghosh commanded a high salary or other significantly high
remuneration for services, in relation to others in the field of broadcast
journalism. Please review following documents:
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;
2. My Annual Audit report of 2009-2010 from S.C. Lal Associates, Chartered
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),
Kathmandu, Nepal, dated September 17, 2010;
4. Copy of Agreement with Everest Bank Limited, Kathmandu, Nepal, dated
December 08, 2010.
Therefore, 8 C.F.R. §204.5(h) (3)(ix) has met.
(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
field of mass communication and broadcast journalism. Please review attached
news articles, letters and recommendations.
Evidence and Explanation: The AAO has established that this criterion is
specifically tailored to the performing arts. Evidence of brief membership in a
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
upon admission to permanent residence. A number of AAO decisions have also
confirmed that national recognition is sufficient to qualify for EB-1 status and an
alien’s extraordinary ability must be judged by national standards in cases which a
person has not achieved international acclaim. In considering evidence regarding
salary, for example, the USCIS should consider the alien’s salary in relation to
other persons engaged in the same type of activities in the country.
Please also review other evidences submitted in other exhibits which relatively
shows Ms. Mampi Ghosh’s commercial success.
Therefore, 8 C.F.R. §204.5(h) (3)(x) has met.
Intent to Continue Work as a Journalist in the United States:
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
in place with the commensurate financial sustainability figures.
She has every expectation that if thoroughly reviewed the outstanding contributions in the
media/mass communication industry as a broadcast journalist will show that she is
capable of providing significant contributions and continuity to the media/mass
communication industry of the United States of America.
As explained above, her nationally and internationally recognized outstanding
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
that level of expertise in the Nepalese media/mass communication industry as a broadcast
journalist which indicates that she is that individual who risen from the bottom to the
very peak of her specified field.
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
support her application.
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
Preference (EB-1), Alien with Extra-ordinary Ability.
21. 21
National Acclaim: A federal court held that sustained international acclaim is not
required to qualify as an alien of extraordinary ability. If alien has demonstrated that
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.
Here, Petitioner/Beneficiary has submitted several recommendation letters, news papers,
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
level competitions, individuals, and organizations, she has participated as a judge to
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
22. 22
follow her example. She has also commanded a very high salary in her field as she is one
of the most expensive and popular journalists in Nepal.
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.
Based on above facts, evidence and explanation, Petitioner/Beneficiary has sustained
National or International acclaim under 8 CFR 204.5 (h) (3). Because of which, we have
submitted this petition of extraordinary ability accompanied by evidence which clearly
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
determining whether the beneficiary has enjoyed “sustained” national or international
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
Employment Preference (EB-1), Alien with Extraordinary Ability in Arts as a broadcasts
23. 23
journalist under 8 C.F.R. §204.5(h) (3) be approved. We also request approval her
concurrently filed I-485.
Thank you for your consideration on this matter. Should you have any questions, or if
you need more evidence, we will be happy to act accordingly.
Very truly yours,
Attorney for the Petitioner / Beneficiary,
………………………
Dilli Raj Bhatta, Esq.
The Bhatta Law Firm, P.C.
74-09 37th
Avenue, Suite 309A
Jackson Heights, NY 11372
Ph: (646) 462-4246