EFTA00309111.pdf

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. 1 1. 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. K 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 K 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 II I 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. K 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. K 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. K 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 requ ted 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 i u 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 o a. 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) K 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 K 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 K 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? K 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. K Yes. If yes, how many? ► Arc you filing any applications for dependents with this petition? K Yes. If yes, how many? ► Is any beneficiary in this petition in removal proceedings? K 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? K 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. K 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? K 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? K 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? K 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? K Yes. If yes. proceed to Part 9. and type or print your explanation. K No 11.a. Has any beneficiary in this petition ever been al-I exchange visitor or J-2 dependent of a exchange visitor? K 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 K No 5. Will the beneficiary(ies) work for you off-site at another company or organization's location? Yes K No 6. Will the beneficiary(ies) work exclusively in the Commonwealth of the Northern Mariana Islands (CNMI)? K 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) K 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 K c. O-2 Accompanying alien who is coming to the United States to assist in the performance of the O-I K d. P-I Major League Sports K e. P-I Athlete or Athletic/Entertainment Group (includes minor league sports not affiliated with Major League Sports) K f. P- I S Essential Support Personnel for P-I K g. P-2 Artist or entertainer for reciprocal exchange program K 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 K 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? K 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? K 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 K K K 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 K El K 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 qualipi e 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" (i.e. the fashion show, ad EFTA00309132 campaign, etc) and the critical role she plays for the designer/brand is undeniable. Ms has been featured in runway shows and marketing materials for the following distinguis e designers and brands. among others (the following list is not exhaustive). Alina Assi Grunge John Orchestra Explosion • Firdaws • Eres 1- Maria Golubeva J. Liza Romanchyk Versace Hakama Anastasia Zoloto and more For evidence and confirmation of these appearances. see the Beneficiary's tear sheets attached at Exhibit B, and press about the Beneficiary and her distinguished career as a model at Exhibit D. The brands listed above are undoubtedly organizations which have distinguished reputations. Alina Assi: The eponymous label was founded in 2004 by Alina Assi Since then. her designs have been showcased in Russia. Canada. America and Lebanon Her designs are regularly showcased during the prestigious Moscow Fashion Week. and she also designs for operas and plays around the world Grunge John Orchestra Explosion: The brand was started in 2008 in Russia with a flagship store opening in Moscow. Since then, the brand has partnered with major stores and brands in Russia and throughout the world. including leading sportswear brand Adidas. Firdaws: Firdaws is a ground breaking design brand which has garnered much international attention. It was founded in 2009 and incoroporates traditional forms of Islamic dress with elegance and haute couture Eres: Eres is one of the leading lingerie and swimwear brands in Russia. Owned by world- famous luxury fashion house Chanel, it has carved out a name for itself as one of the top high- end lingerie companies. and has been featured in The New York Times. Maria Golubeva: Maria Golubeva began her career after enjoying great success in the MUZ television channel's Fashion Academy Project in 2011. Since then. her designs have been showcased at the Mercedes Benz Fashion Week in Moscow She has worked with top publications including Tatler. Allure. L'Officiel. and more Her designs are known for their flowing lines and neutral colors We provide additional information about a representative sample of these brands to establish their distinguished reputation at Exhibit E. As noted above, Ms. has been selected to walk the runway as a starring model for countless designers ur ng the prestigious Mercedes Benz Fashion Week in Moscow. With regard to fashion shows, being selected to walk at one of the international fashion weeks is 6 EFTA00309133 considered one of the most coveted roles a model can land, and draws attendees and media coverage from all around the world. Fashion shows are major international industry events that draw in millions of dollars. They are attended by celebrities, retail buyers and press and are one of the most persuasive and influential-marketing tools used by fashion designers. Only top designers showcase their work in such venues. As such, fashion designers are extremely detailed and diligent in putting on these productions. Designers want to convey particular feelings, styles, and statements with their work and each nuance helps establish their vision. While many professionals contribute to these productions, such as hair and makeup stylists, lighting designers, stage crews, photographers and videographers, to name a few, it is the models that wear the clothing and are the exclusive focus of the audience. Designers are extremely particular in selecting which models wear their clothing, the order in which the models walk out or present the clothes, and the specific outfits that each model wears. Fashion models are unquestionably the stars of runway shows and presentations and they have a major impact on the retail and commercial basis of the entire industry. The fact that the Beneficiary has walked for top designers (as evidenced by Exhibit B is a clear indication of her status as a supermodel. It also indicates jpgjaat that these designers placed on her ability to sell their product. Their choice of Ms. reflects the companies' confidence in her status and ability to deliver for them in this role. The critical role she has played for them is indisputable. In relation to the modeling work mentioned above, please note that the publications in which the advertisements or fashion show images appear are irrelevant to evaluating whether a given campaign or runway show is a distinguished production. The statute does not require that the Petitioner provide circulation information, nor does it require that the Petitioner provide the context in which the advertisements or runway shows appear. It states only that the production should have a "distinguished reputation." In the modeling world, advertising campaigns and runway shows are productions. The relevant information is the distinguished reputation of the designer or company/brand, which the model represents, not the publication where the advertisement or fashion show appears. This is especially true for runway work, which does not appear in a publication per se. There are many ways to show the distinguished reputation of a designer, including information about the company's revenue, distribution, fashion week appearances, celebrities that have worn the designs, original contributions, images of designs, etc. In playing a lead or starring role in these distinguished productions, Ms. I. also plays a critical role for the organizations that she represents. A model's involvement in these companies' promotional efforts reflects the model's absolutely critical role in these mul i-billion dollar businesses. Without the model, there is no campaign or runway show. Ms. serves as the "the face" of that brand. As such, she undoubtedly plays a critical role for each of those companies because her image is used to increase brand awareness and brand desirability, and ultimately sales. As proof that Beneficiary will play a critical role for productions of distinguished reputation, we refer the Service to the itinerary of proposed clients, attached hereto as Exhibit F. Importantly in May 2011, 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 EFTA00309134 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. Based on her track record of success, the Beneficiary will continue to play a leading role for distinguished productions in the future. Many models have been sponsored by Petitioner and have gone on to enjoy successful careers with the agency's distinguished clients — indeed, the agency's revenues and its industry reputation depends on the caliber of the models it represents and its success in securing bookings for those models. With her history as a leading model and a driving force behind agencies' bottom-line revenue, the Beneficiary will absolutely play a leading and critical role for the Petitioner and the clients for whom he works. Petitioner would not offer a model a three year contract, nor would it sponsor the Beneficiary for work authorization, if the agency were not convinced that she will enjoy a lucrative career working for its distinguished clients. As additional proof of the lead and starring role Ms. will play for the distinguished clients of the Petitioner, and for Petitioner, we provide a signed letter from the Vice President of DAS LLC at Exhibit G. Paolo Buonfante confirms: "We anticipate booking her with prestigious magazines designers and brands such as Venus Swimwear, Macy's, JC Penny. Kohl's, Belk. Ocea gazine. Cosabella, Lull Fama and Bon Ton. In our experience. models of Ms. caliber command a day rate of approximately $2,000 for work with clients such as the a ich is clearly in the top tier of remuneration for models in the United States. Ms. will earn this high income because of her international recognition starring and critical role she will play for these clients. I also confirm that Ms. will play a critical role for DAS. As an agency, we are wholly reliant on the ability of our talent to earn top rates such as the above in order to generate our revenue. As a top inte l model capable of generating huge amounts of income for our agency, Ms. will be crucial to our agency's success." We urge the Service to consider this carefully, giving proper weight to the industry expertise of the Petitioner. Mr. Buonfante is the Vice President of DAS and served previously as Director of Elite Model Management Miami, having over 22 years of model management experience in both Europe and the United States. As such, we submit that there is sufficient evidence to establish that the Beneficiary has played, and will play, a lead or starring role in distinguished productions/events. B. Evidence that the Beneficiary has achieved national or international recognition for achievements as evidenced by published materials. Ms. is recognized for her modeling work in her home country of Russia and throughout Europe an Asia. She is clearly a model of extraordinary ability who has an impressive record of sustained international acclaim — the US Petitioner would not be seeking her out for representation in the United States if this was not the case. Ms. international recognition and acclaim is well documented by press articles and interviews a out the Beneficiary and her modeling career in some of the top fashion and lifestyle publications in the world including Maxim, GQ Mexico and Jurgita Magazine. A sampling of 8 EFTA00309135 English language press featuring Ms. is provided at Exhibit 0, and information to establish their distinguished reputati gir iovided at Exhibit E. Below are extracts from only a sampling of articles that feature Ms. We wish to emphasize that the • because she is a ton model in career in modeling is the clearbagg fnral nnjp of the pothlichert material Furthermore, Ms. appearance in countless top magazines including Cosmopolitan, L'Officiel, Elle. Men's Health, and her appearance on the runway for top international designers is further evidence of the level of international recognition she has achieved. These magazines, designers and brands are recognized as distinguished, either internationally or in the geographic market(s) in wtirltbay have a presence. The substantial volume of published materials showcasing Ms. modeling work is evidence of the international recognition she has received for her achievements. We note that sustained success in the world of fashion happens very quickly compared to other fields. In the world of modeling, careers are short relative to other fields, so that sustained success in fashion can be determined by the tremendous exposure garnered in a relatively short period of time. In one or two seasons. a top model will be exposed to hundreds of thousands of fashion experts, travel the world, and work around the clock. In relation to the Beneficiary's magazine appearances, these widely read and influential magazines are instrumental in maintaining the popularity of top fashion an b auty companies and their brands, and the models that appear on their pages like Ms. . are a driving force in helping them achieve their mission. The fact that Ms. regularly appears on the pages of these widely read magazines provides her with a signi icant amount of recognition and acclaim as a fashion model. The opportunity for a fashion model to appear in publications of this caliber undeniably qualifies as national and international recognition for achievements evidenced by published materials by or about the beneficiary in major newspapers, trade journals or other publications and is a clear indicator of excellence in her field. The Service has previously considered nearly identical supporting evidence (appearance in major publications) and has concluded that it does establish qualification for this criterion (i.e. evidence that the beneficiary has received national or international recognition for achievements). Such past acknowledgement by the Service reflects the Service's prior understanding that the fashion industry and the fashion models operating therein are distinct from the traditional film and television industries and that evidence available to fashion model beneficiaries is going to differ from that available to movie and television stars. In relation to the Beneficiary's appearances in advertising campaigns and marketing materials for distinguished brands, these brands only choose models who are guaranteed to maximize the exposure of their products to consumers on a national and/or international level. Their choice to use Ms as the marquee vehicle for promoting their products is clearly evidence of their recognition of her extraordinary ability as a fashion model. It is also significant to note that the advertising industry often uses leading figures to market their products (for example, Lady Gaga for Tiffany; Taylor Swift for Covergirl; and Natalie Portman for Dior). Thus, models must not only compete with other models for these coveted campaigns but must compete with the world's top actresses and entertainment figures as well. Thus, for a model to land an advertising campaign for a major brand is another indicator of a model's international acclaim and standing in the competitive modeling industry. 9 EFTA00309136 These runway images, editorial images, and advertising/marketing materials are the primary way that fashion models are recognized for excellence in their work — as they are selected among hundreds, or even thousands for each job they land. The opportunity to appear in top internationally recognized publications. and for top national and international brands/designers, is something that only the world's most respected and recognized models can attain. The Beneficiary's appearances for maior design houses/fashion brands and in publications such as those referenced above constitutes ample recognition of the Beneficiary's excellence in the field of modeling. In view of the foregoing. we submit that given the amount of international attention the Beneficiary has already garnered for her work as a model. the Beneficiary has undoubtedly received international and national recognition for her work as fashion model of extraordinary ability. C. Evidence that the Beneficiary has performed a lead, starring or critical role for organizations and establishments that have a distinguished reputation. 1. Critical role for Publications As previously detailed herein, the critical role that Ms. plays for fashion publications is undeniable. We refer the Service to our arguments a ove When featured in key fashion editorials of the publications listed above. Ms. has played a critical role for these magazines. serving as an important factor in secunng sales She is able to capture consumer attention from the newsstand, which drives potential readers to pick up the magazine and purchase copies. This directly affects the bottom line (revenue) of the entire establishment 2. Critical Role for Designers and Brands In addition, for every advertising campaign or runway show in which Ms. has starred, she is a key (or even the sole) conduit between the company/brand and the consumer As the face of the brands listed above. she draws consumers in. attracting them to the product and promoting sales, thereby driving the companies' revenues 3. Critical Role for Modeling Agencies MS. has been represented by the following prestigious modeling agencies worldwide Fashion (Moscow) Baystar Model Management (Beijing) President Model Management (Moscow) World Top Models (Tokyo) EM International Model Management (China) among others Evidence of this representation is attached in the form of Beneficiary's model comp cards attached at Exhibit G. We attach evidence of the distinguished nature of the above agencies at Exhibit H. Ms. has also been chosen for representation by the Petitioner, a highly prestigious agency or models in the United States. The distinguished reputation of the Petitioner should be apparent from the description contained herein (see page 3 of this letter) and we attach further EFTA00309137 information to substantiate the Petitioners distinguished reputation at Exhibit H. Additional evidence of her critical roleSencies is confirmed by her day rate letter provided at Exhibit G. As the letter notes. Ms. earns an extremely high day rate for her work. Modeling agencies exist exclusively on the basis of the work secured by their models. Agencies' entire revenue stream relies on commissions from their models. Without successful models who book work with top clients, agencies would have no revenue. Agencies go to great lengths to promote and retain their top models: the critical role that top models play for agencies cannot be overstated. A modeling agency's success is measured by industry reputation as well as bottom-line revenue. If an agency has an outstanding industry reputation, the agency is able to attract the world's most prominent models. Agencies require the most prominent models for the most lucrative assignments, in order to drive their revenues. Because a modeling agency's revenue is derived from a percentage of the client contract jobs, top models play a critical role in an agency's financial success. Based on her track record of work for her international agencies to date, and the proposed of work submitted in connection with this petition at Exhibit F. we submit that Ms. has played a critical role for her agencies to date (and will play a critical role for the Petitioner, if approved for 0-1 classification) in terms of the volume of work she is able to secure, and the fees she is able to command (from which the agencies receive a commission). As such, we respectfully submit that Ms. has undoubtedly played, and will play, a critical role for organizations and establishments that have a distinguished reputation. D. Evidence that the Beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field of endeavor. Ms. significant recognition and acclaim is well documented by press articles and interviews about the Beneficiary and her modeling career in some of the top fashion and lifestyle publications in the world including Ma Mexico and Jurgita Magazine. A sampling of English language press featuring Ms. is provided at Exhibit D, and information to establish their distinguished reputation is provided at Exhibit E. We wish to emphasize that the the industry Additionally. Ms. of the oithlishednalprial Ms. international agency representation (as evidenced by her agency comp cards/online profiles attached at Exhibit G ) is also testament to her significant and widespread m en by experts in the field. These agencies would not have chosen to represent Ms. unless they were certain of her extraordinary ability and commercial potential (i.e. earning capacity) as a model. Top agencies must be very selective in who they choose to represent, as without the right talent, they cannot secure engagements with distinguished clients, and would lose their reputation as a top agency. Information about these agencies is attached at Exhibits H to verify their distinguished industry standing and status as experts in the modeling field. These top-ranking agencies would not have chosen to represent Ms. unless they were certain of her extraordinary ability and I I EFTA00309138 commercial potential (i.e. earning capacity) as a model. An agency's ability to select and secure top talent is necessary to ensure its success and the individuals responsible for making these recruitment decisions must be experts in the modeling field with a proven track record of achievement in the fashion industry. All of these agencies are leading agencies in their respective markets and the agency comp cards attached at Exhibit G confirm that the very fact that the Beneficiary has been able to secure representation by agencies of that caliber is indicative of her recognition and distinction in the modeling field. Modeling jobs for prestigious clients are the way that a model will gain recognition for their work. Furthermore, as explained, these jobs are the way that agencirajrzprate their income. The fact that these distinguished organizations have selected Ms. to grace their editorial pages, runways, and represent their products unequivocally demonstrates her significant recognition as a top model: she has achieved significant recognition from the best in the industry. As further evidence of her recognition from industry experts, Ms. is featured in articles and interviews for her modeling work in top publications incluMxim, GQ Mexico and Jurgita— see Exhibit D. These publications only feature models of note who have achieved a substantial degree of recognition through work for prestigious runway, editorial, and/or advertising clients. Finally, the peer letter attached at Exhibit A constitutes further evidence that Ms. has received significant recognition for her achievements from an expert in the field o Rn eling. Information that establishes the signatory of the letter as an expert in the filed is also attached at that exhibit. E. Evidence that the Beneficiary commands a high income. Included at Exhibit er confirming Ms day rate for her work as a model. As the letter confirms, Ms. commands a day rate beginning at $2,000. This is based on the expert assessment of her previous modeling work, and on the expert opinion of Paulo Buanfante, the Vice Pre he agency who has over two decades of experience in the industry. It is precisely Ms ability to command such high rates that has resulted in her being chosen for representation by Petitioner herein. Her extremely high level of remuneration for her work, and places her in the top caliber of models. Please note, most modeling jobs are not billed by hour: they are billed on a day rate, which can range from a couple of hours to a full 8 hour day. Attached at Exhibit I is a sampling of terms and conditions from some of the top modeling agencies around the world confirming this. According to the Bureau of Labor Statistics ("BLS"), the median hourly wage for models in the United States (on a nationwide basis) was $13.23 as at May 2015; the top 10% of earners (i.e. the 90th percentile and above) earned more than$26.28 per hour — see BLS wage data attached at Exhibit J. Therefore, based on a standard 8-hour work day, a model who is paid at the top end of the wage spectrum stands to make more than $210.24 ($26.28 x 8) for one day of work — this is the national average. 12 EFTA00309139 Further. according to the BLS data at Exhibit J, the states with the highest employment level among models were California and New York. and the metropolitan areas with the highest employment level were the Los Angeles metropolitan area and the New York City metropolitan area. According to the Foreign Labor Certification Data Center Online Wage Library. the Level 4 (i.e. highest) daily wage rate for a model in the New York City metropolitan area is 541.00 per hour - see attached wage data at Exhibit J. Based on a standard 8-hour work day, a model who is paid at the highest wage rate stands to make $328 ($41 x 8) for one day of work in the New York metropolitan area. In the Los Angeles metropolitan area. the highest wage rate for models is lower. with the Level 4 daily wage rate amounting to 529.30 per hour, or 5234.40 for an 8- hour day — see Exhibit J. Therefore, as she is able to command earnings that are significantly higher than this. the Beneficiary clearly earns substantially more than her peers and is in the small percentage of models whose earnings place them at the top of their field CONCLUSION In conclusion, the Beneficiary meets at least the requisite three — and. in fact. five — of the criteria needed in order to establish extraordinary ability in her field. namely: 1. The Beneficiary has performed, and will perform. a lead. starring or critical role as a fashion model for productions and events that have a distinguished reputation. 2 The Beneficiary has achieved national or international recognition for her achievements as a fashion model. 3. The Beneficiary has performed. and will perform. a lead. starring or critical role as a fashion model for organizations and establishments that have a distinguished reputation. 4 The Beneficiary has received significant recognition for her achievements as a fashion model from organizations and recognized experts in the field of fashion modeling. and 5 Beneficiary commands a high income relative to her peers Therefore. we respectfully request that the Service approve the petition and grant the Beneficiary the requested O-1 classification. based on her extraordinary ability as a Fashion Model as outlined herein If there are any additional materials or evidence you may require. we will be more than happy to provide them Moreover, if we may be of any further assistance in this matter, please do not hesitate to contact us through our attorney Thank you for your efforts in adjudicating this petition Very truly yours. EFTA00309140 POCCH PICKAR GE/IE PAMIR RUSSIAN FEDERATION tleffillininnalasitS""'" hT— . POCCHRCKAH (DEAEPAILIHR RUSSIAN FEDERATION EFTA00309141 EFTA00309142 el:IS/2017 194 Official Wcbsitr U.S. Customs and Border Protection Securing America s Borders Most Recent 1-94 Admission (1.94) Record Number :- Most Recent Date of Entry: 2017 March 08 Class of Admission : B2 Admit Until Date : 09/07/2017 Details provided on the 1-94 Information form: Last/Surname : First (Given) Name : Birth Date : Passport Number : Country of Issuance Russia Get Travel History p• Effective April 26, 2013, DHS began automating the admission process. An alien lawfully admitted or paroled Into the U.S. Is no longer required to be in possession of a preprinted Form 1-94. A record of admission printed from the CBP website constitutes a lawful record of admission. See 8 CFR § po If an employer, local, state or federal agency requests admission information, present your admission (1.94) number along with any additional required documents requested by that employer or agency. go Note: For security reasons, we recommend that you close your browser after you have finished retrieving your 144 number. 01.1 IPS 1.1•11.1 i•••••••••0401,11.1670 17 For inquiries or questions regarding your I-94. please click here Accessibility I Privacy Policy hum Bi94.clip.dhs.govi194/0/recent-results 1 '2 EFTA00309143 21.02. 16 01 0, 02,1 6 1 sraotictroviinin -.000 m e, t. icogrr gO British Virgin li:lands Porrnitj vti /9..." Larti_ Niikai 8 2017 zia EFTA00309144 MODEL MANAGEMENT DAS, LLC D/B/A DAS MODEL MANAGEMENT 2228 PARK AVE. SUITE ff2 MIAMI BEACH, FL 33139 HEREINAFTER REFERRED TO AS 'AGENCY' (HEREINAFTER REFERRED TO AS 'MODEL") MODEL MANAGEMENT AGREEMENT (the -Agrearient") dated 01:3017 between DAS. LLC, a Florida ted at 2228 Park Avenue Suite N2. Miami Beach. FL (NOW or 'model") residing at We are pleased to act as your exclusive personal manager in the fields described below within the I rynlory of : I ICH 111 V. I .Scope of Services Our services including managing. advisng, counseing, promoting and negokatng, on your behalf, in all areas and modes of professional 'nodding and the entertainment industry. including without fimitatidi print media. photography. advertising. industnal exhibition. runway, live show, publishing, inerchandsing. licensing and endorsement. television. video. Internet and lim. Our services include advising and asSing with personal appearances. composites and your portfolio: arranging your schedule; advising and suixyvSing your publicity and ixiblic relations; aiding in the negation of agreements: unless another mother agency is identified on the signature page hereof, (keeling you as mother agency to models management companies around the world that are approved by you and invoicing and collecting your fees as provided below. You understand that Si performing our soviets we are not an employment agency or theatrical agency. and that advising you regarding modeling or entertainment assignments is incidental to the management services outlined above. We hereby inform you that DAS, LLC is not an "Artist Manager but is acting solely as a personal manager and that DAS, LLC is not licensed as an employment agency under the general business law of the date of Florida. You further understand that id decisions regarding travel and booking are your exclusively and you assume all liability with rasped to any consequential losses suffered by you as the mail of your decisions. You acknowledge that DAS. I I C obligalians here under are contractual in nature and do not create a fiduciary relationship between you and DAS. l I C DAS MODEL MANAGEMENT 12228 PARK AVE I MIAMI. FL I DASMM COM DAS EFTA00309145 2.Exclusivrty. You agree not to employ any representatives. managers or agents other than DAS. LLC concesning any aspect of your career without our prior written consent. with the exception of your mother agency, if any, identified on the signature page hereof. You also agree not to accept any assignments or opportunities in the Territory, except those booked through DAS, LLC. You represent that you are not a party to any other agreement regarding your professional representation or management, and will forward to us all inquiries and offers made drectly to you for your services or the use of your image. 3 Tenn: The initial term of this Agreement is 3 (three. r from the date signed hereof, and shall be automatically renewed for successive two-year terms unless either you or we give written notice 01 termination at least 90 days prior to the end of the recurrent term. In the event DAS. LLC, at anytime during the term of this Agreement. determines in its sole discretion that you are no longer able to model professionally. based upon. without imitations, (a) your failure to maintain your ideal appearance. (b) your failure to cooperate with DAS, LLC bookings. procedures and polices, (c) your failure to remain avaiabie for modeling assignments. (d) unsatisfactory response from clients or photographers to either your personal appearance or portfolio. (e) any misconduct on your part which adversely affects DAS. LLC professional image or your reputation in the modeling industry, or (f) conviction (including conviction on a nolo contendere plea) of a felony or any crime involving. in the good faith judgment of DAS. LLC, fraud. dishonesty or moral turpitude. it shall have the right to terminate this Agreement upon 90 days' notice to you. In the event that this Agreement has been signed on your behalf by your parent and/or guardian. you agree that the three. year term shall be automatically extended and shall run from the date of your eighteenth birthday, unless you provide notice in writing to DAS, LLC if you desire to terminate the Agreement within ninety days following your having reached the age of the eighteen years During any 9.Ith notice Pelted. You agree to continue with DAS, LLC as you' exclusive manager and representation and to stay in regular contact with DAS. LLC with respect to al bookings and other inodoing assignments. 4.Feesi You agree to pay us a SUM ("Feel equal to 20% of your 'Gross Compensation- (as defined below) earned for work perbnned under the contracts or relationships negotiated or introduced by us (other than tekivision or film work perkxmed under SAG or AETnA contracts, where our fee will be 10%). Your Gross Compensation for the purpose of determining the commission rate you pay to DAS. LW shall be defined as the total of your earnings in the Territory from all activities within the scope of this Agreement. In the event that you terminate or broach this Agreement. you agree that the rate of commissions you owe to DAS, LLC. if any. shall be 20% on all unpaid or untitled jobs. Gross Compensation shall include compensation from all sources inducting salaries. lees. earnings, royalties, residuals. proceeds. buyouts bonuses. prizes or other compensation recanted at any tine from any assignment introduced or negotiated by us. You understand that we are entitled to receive from some or all of the clients who utilize your services charge agency lee or other compensation (a 'Client Fee) over and above the Fee we receive from you, and you acknowledge that such remuneration is an additional inducement br us to act on your behalf and an important element in the remuneration we receive from representing you. Our fee and the Client Fee extend to any booking or engagement performed by you subsequent to the termination of this Agreement if such booking or engagement was negotiated solicited or accepted by you prior to such termination or is a continuation of work that began poor to temination. including renewals options and renegotiated contracts 9AH EFTA00309146 You acknowledge that. prior to entering into this Agreement, you and DAS. LW discussed the tact that the commission percentage payable DAS. LLC. as set forth herein. were subject to negotiation and have actually resulted from the negotiations between you and DAS, LLC. 5.CoHerbals and Advances. You authorize and direct us to collect. receive and deposit in our account all sums received by us for your account. including al sums due to us or any our subsidiaries whethey uo respect of our Foes, Clan fees, Advances (as hereinafter domed) or reiinbursement of other expenses. including such suns received after tennnations of this Agreement. We will take nasbnable commercial steps to collect amounts due to you from clients pursuant to signed vouchers submitted by you to us. it being understood that the risk of colection shall be borne entirety by you. We may. but shall not be obligated to. commence legal proceedings to colect amounts due to you from clients, but if we do. you shall bear al the costs associated with arch proceedings. including, but nol limited to. attorneys' fees and expenses. We may. at ow sole discretion. loan money to you as an advance against vouchers or pay expenses or other amounts to you or on your behalf. including but not limited to publicity and promotional costs. airfare and hotel expenses. rental expenses, messenger services. language lessons and shipping expenses (collectively, the "Advances"). Advances will not include the cost of your participation in DAS. LLC Online North America network. which slows the automatic distribution of you data (name. images and likeness) to clients and then current subsidiarie-•s of DAS, l I C. For this purpose, you hereby authorize DAS, LLC to publish, via the DAS, LLC Internet site. your name, image and likeness, including all images introduced into such network for your promotion. Such Advances will be repaid from any amounts received by us on your account at any tine. If you receive compensation directly from a client or another source. you agree to iarneetately pay any unpaid Fees Client Fees or Advances to us out of any such compensation received by you. You also agree that we and our subsidiaries may automatically romburse ourselves for any Advances of any and al lees due you from clients. which reimbursements wil appear on your statements 6. FieuntxirstInent of Model's Debts Between DAS, LLC and/or Subsidiaries. It you incur any debts under this Agreement as a result of cash Advances made to you by DAS. LW. inc►uding without limitation the amount of any hotel or travel expenses advanced to you by DAS, LLC, you hereby authorize DAS. LLC to colect any no due directly from funds you may eam through any member of the then-current DAS, LLC and/or subsidiaries to forward a portion of your modeling earnings to DAS, LLC in order to satisfy any of your outstanding obligations to DAS. LLC. /.Power of Attorney. You Ix%eby authorize and appoint DAS. I le; to be your agent and attorney-in-tact for the purpose of (a) negotiating. renegotiating. contracting and executing tor you and your name and on your Witall any and al agrmments. doaun and instrunxxes providing lot your services to clients pursuant hereto: (b) approving and permitting the use of your name. image. voice, cancatures and the like for the purpases of advertising and publicity: (c) collecting and receiving sums payable to you. endorsing your name upon and depositing in our account al checks payable to you, and retaining therefrom all sums owing to us: (d) danarkfing, sung for and colecting. all claims. money. (Merest and other items that may be due to you or beieng to you. this power of attorney is irrevocable during the term hereof. DAS MODEL MANAGEMEN T 12228 PARK AVF MIAMI Ft 0ASMM cOM 97\5 EFTA00309147 ' Independent Contractor. You agree that the relationship between you and DAS, LLC is that of an independent contractor and not an anployrnent relationship. Accordingly. you shall be responsible for (a) your own expenses. unless paid by a client on bookings. such as travel. lodging, entertainment, wardrobe or make-up. it Being understood that we shall not be responsible for paying or reimbursing any such expenses. (b) preparing and filing your personal tax returns and paying all taxes required to be paid, and (c) the terms and conditions of your engagements by dents. including your compensation and compensation rate from them. which shall be determined by each client and you after consultation with us. You shall not be eligible to participate in any medical. insurance, retirement or other benefit plans or programs maintained by us for our employees. Except as otherwise required by law. DAS. LLC shall not withhold any sums from any payments to be made for Social Security or other federal. state or local tax liabilities or contributions, and all withholdings, kebabs, and contributions shad be solely your responsibility and you hereby agree to indemnity and hold harmless DAS. LLC and its affiliates. shareholders. employees. agents. representatives. officers and directors therefrom and from any claims or liability for workers' compensation. unemployment compensation or state disability coverage related to you You shal not act as an agent of DAS, LLC. You are nut entitled to enter into any agreements or incur any obligations on behalf at DAS. 11C, and are not authorized to bind DAS. LLC in any manner whatsoever. No form of joint venture. partnership or similar relationship between the parties is intended or hereby created. All of your activities will be at your own risk and you are hereby given notice of your responsibility for arrangements to guard against physical. financial ai id other risks. as appropriate. 9. Effect of termination upon termination of this Agreement (a) all Advances and other expenditures made by us to you, for your benefit or on your account shall be reimbursed by you to us immediately, (b) any remuneration due to us hereunder, including our Fee, unpaid (lent Fees or any residual payments or remuneration due with respect to renewals. options or extensions of engagements obtained or contracts negotiated or entered into prior to termination shall be payable directly to us at the time you (or any other party receiving monies on your behalf) receive your Gross Compensation relating thereto. io. Indemnity You shall indemnify and hold us and our affiliates, shareholder& agents. employees. officers, directors and representatives harmless from and against any claims. fiablity and expenses arising out of your failure to fulfil your obligations hereunder or your obligations to any client. MiscellaneouS 11.1 Notices All notices. consents or approvals given pursuant to this Agreement shall be in writing and shall be sufficiently given it sent by registered mad or courier to the addresses set forth above. or to such other arkbess as we may furnish you or you may furnish us from time to time. Any notice. consent or approval given hereunder shal be deemed to have been given at the time of mailing. DA5 EFTA00309148 II 2 flaxesantations and Warranties You represent and warrant that you have the night to entex into this Agrarnent and are not now under contract to any personal manager or agent who perfonns similar services. which you have not disclosed to us. and that all of the information set forth herein is true and correct. 11.3 Entire Agreement This Agreement constitutes the entire agreement between us regarding the subject matter hereof. supersedes as prior oral or vaitten agreements. understandings and discussions, and may be amended only in a writing sgrxxl by You and us. If any provision of this Agreement is held to be invalid or idientorceable by a court of competent junsdiction. it shall not affect the validity or enforceabilly 01 any other provision hereof. which shal remain in lull force and effect as if such invalid or unenforceable term had never been included. 11.4 ACOliCable Law I his Agreement stall be governed by and construed in accordance with the laws of the Stale of Florida. without regard to the ennobles of conflicts of law or where the parties are located at the time a dispute arises. Shadd any dispute arise in connection with the intapretation. iniplenientatiOn or Violation of any of the terms hereof, or with respect to the parties' obligations hereunder. the parties agree to first attwnpl to bring such dispute to a ccoclusion through non-binding mediation of no longer than three hours n duration (unless the parties agree otherwise in wnting). The mediator shall be chosen by the parties and shall have other judicial experience or relevant industry experience. Fees of the mediator shall be borne equally by the partic, with both parties paying their own attorneys' let- and costs. If such mediation is unsuccessful. the pantos agree that such dispute shall be meted by arbitration before three arbitrators purSUalit to the rules of the Annican Arbitration Association. Any decision rendered by the arbitrators stall be conclusive and binding upon the panics and there shall be conclusive and binding upon the parties and that 41O be no nght of appeal therefrom in any forum. Any arbitration hereunder shall be conducted in Miami. Honda and the arbitrators shall apply the laws of the State of Florida. without giving effect to its principles of conflict of laws The parties to such arbitration shall each bear their own costs and expenses related thereto and gull share the expense of the arbitrators equally 11.5 ROI to Assign this Agreement shall insure to the benefit of and be entorreabic by. and may be assigned by DAS. LIG to. any purchasa of all or substantially all of DAS. II C business or assets, any successor to DAS. TLC or any assignee thereof (whether direct or inarect, by purchase, merger. consolidation or otherwise). You may not assign. sea or transfer your rights or obligations hereunder except to a corporation or m uted lability company formed for the sole purpose of furnishing and exploiting your talents. but such assignments stall not relieve you from your performance of any of your obligator-is hereunder and shal only he effective it Such entity enters into a written agreement to be bound by this AgfWWII You hereby grant DAS. LLC the right to use your name and image in its own promotional materials 1 I.6 Equitable Rebel You achnowkxkje and recognize that through our efforts on yoti behalf you may develop and scours a unique public image. persona or celebrity that has value to you and others. Certain OAS MODEL MANAGEMEN1 12228 PARK AVE I MIAMI, FLIDASMM COM DAS EFTA00309149 violations by you of this Agreement would cause DAS. LLC immediate. substantial and irreparable injury for which it would have no adequate remedy at law. Accordingly. you agree and consent to the entry of an njuncton or other equitable relief by a court of competent jurisdiction restraining any such violation or threatened violation. You waive posting by DAS. LLC of any bond otherwise necessary to secure such injunction or other equitable rebel. Rights and remedies provided for in this Sectei are cumulative and shall be in addition to rights and remedies otherwise available to the parties hereunder cx under any other agreement or applicable law 11 7 Fk,rr.oaco You hereby agree that your sole remedy against DAS, LLC for losS or damage arising out of the performance or non-performance under this Agreement is proven direct, actual damages. DAS, LLC that( not be liable for any indirect, incidental, relate. special. punitive or consequential damages arising out of its performance or non-performance under this Agreement, whether or not you have been advised of the possibility of such damages. 11.8 Survival The provisions of this Agreement that by their !emu call for performance subsequent to termination of this Agreement shall so survive such termination. 1 1.9 Cepeaty to Execute; Minors If you are 18 years of age or over, you may Sgn this Agreement on your own behalf. and by so doing you expressly represent and warrant that you have reached 18 years of age. If you have not yet reached 18 years of age, your parent(s) or legal guardian(s) must read this Agreement and sign where indicated below. In addition. you and your earwigs) or legal guardian(s) acknowledge that it is your and their responsibility to obtain all necessary governmental consents. permits and approvals required by state and federal laws and regulations for the performance of services hereunder by minors. including without limitation work permits. visas and court approvals. This section left intentionally blank DAS EFTA00309150 This agreement shall be binding upon both parties. BY SIGNING BELOW, YOU AGREE 10 THE TERMS CONTAINED WITHIN THIS POLICY, AND 11FRF IN ••••••••••• Wen. ••••• Inal I.Niml••• %dm seal euerteen must sign below: Mother Agency (if any) Street Address City, Province, Code Owr w is Signature Street AcIctrutc. City, PS Code DAS MODEL MANAGEMENT 1 2228 PAIIK AVE I MIAMI. FL I DASMM.COM 1A5 EFTA00309151