dismissed EB-1A Case: Accounting And Business Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 15, 2025 In Re: 35577147 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, an accountant and business operations manager, seeks first preference immigrant 
classification as an individual of extraordinary ability. See Immigration and Nationality Act (the Act) 
section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first preference classification makes immigrant 
visas available to those who can demonstrate their extraordinary ability through sustained national or 
international acclaim and whose achievements have been recognized in their field through extensive 
documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Petitioner qualifies as an individual of extraordinary ability either as the recipient of 
a one-time achievement that is a major, internationally recognized award, or as someone who initially 
satisfied at least three of the ten required regulatory criteria listed at 8 C.F.R. § 204.5(h)(3)(i) - (x). 
The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter afChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter a/Christa's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, 
we will dismiss the appeal because the Petitioner did not establish that she meets the criterion at 
8 C.F.R. § 204.5(h)(3)(ix). 
The Petitioner also maintains that she meets the criteria at 8 C.F.R. § 204.5(h)(3)(ii) and (viii), which 
relate to membership in associations that require outstanding achievements and performance in a 
leading or critical role for distinguished organizations, respectively. However, because the Petitioner 
has not demonstrated that she meets the criterion at 8 C.F.R. § 204.5(h)(3)(ix) , she would not establish 
that she met three out of ten criteria even if we considered her claims regarding the criteria at 
8 C.F.R. § 204.5(h)(3)(ii) and (viii). As such, we need not determine whether she meets the 
requirements of these criteria, nor do we need to provide the type of final merits determination 
referenced in Kazarian, 596 F.3d at 1119-20. Accordingly, we will reserve these issues. See INS v. 
Bagamasbad, 429 U.S. 24, 25-26 (1976) (stating that, like courts, federal agencies are not generally 
required to make findings and decisions unnecessary to the results they reach). 
I. LAW 
Section 203(b)(l) of the Act makes visas available to immigrants with extraordinary ability if: 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate 
international recognition of a beneficiary's achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If the petitioner does not submit this evidence, 
then it must provide sufficient qualifying documentation demonstrating that the beneficiary meets at 
least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)- (x) (including items such as awards, 
published material in certain media, and scholarly articles). 
Where a petitioner demonstrates that the beneficiary meets these initial evidence requirements, we 
then consider the totality of the material provided in a final merits determination and assess whether 
the record shows sustained national or international acclaim and demonstrates that the individual is 
among the small percentage at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 
1115 (9th Cir. 2010) (discussing a two-part review where the documentation is first counted and then, 
if fulfilling the required number of criteria, considered in the context of a final merits determination); 
see also Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 
2d 1339 (W.D. Wash. 2011). 
TI. ANALYSIS 
In an autobiographical statement submitted in support of the petition, the Petitioner claimed that she 
is an individual possessing extraordinary ability as an accountant and business operations manager. 
The Petitioner listed her professional trajectory, highlighting her promotion from accountant to 
regional accounting manager withl Iwhich the Petitioner described as "one of 
the major wholesales" in Kazakhstan. She also provided the list of responsibilities associated with her 
latest position, which included various accounting tasks along with personnel management, which 
included overseeing 30 employees at six of the company's locations. 
The Petitioner does not claim or submit evidence to show that she received a major, internationally 
recognized award. She must therefore provide evidence showing that she satisfies at least three of the 
alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)- (x). The Petitioner claims that she meets the 
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elements of the three criteria at 8 C.F.R. § 204.5(h)(3)(ii), (viii), and (ix), which pertain to membership 
in associations that require outstanding achievements, performance in a leading or critical role for 
distinguished organizations, and commanding a high salary in relation to others in the field, 
respectively. 
Because the Petitioner must demonstrate that she meets all three of the claimed criteria, failing to meet 
even one criterion would preclude a showing that she qualifies as an individual of extraordinary ability. 
The Petitioner in this instance did not demonstrate that she satisfied the requirements of the criterion 
at 8 C.F.R. § 204.5(h)(3)(ix), which requires evidence that the Petitioner's salary or remuneration was 
high relative to the compensation of others working in the field. The Petitioner's initial supporting 
evidence included general salary information published by the Office of National Statistics in 
Kazakhstan and did not include evidence of the Petitioner's own salary. 
In response to the Director's request for evidence, the Petitioner provided a payroll document listing 
her monthly salary asl !"regional cost manager" from January 2022 through May 2023. She 
also provided a letter from the head o-te=Jas well as salary statistics for accountants in Kazakhstan. 
Although the salary statistics show that the Petitioner's monthly salary was significantly higher than 
the average monthly salary of an accountant, neither the Petitioner nor her employer state that the 
Petitioner's position was solely that of an accountant. Rather, the head of listed the Petitioner's 
latest position as "Regional Accounting Manager for the North direction" and stated that aside from 
her "extensive experience in accounting and finance," the Petitioner's position also involved 
overseeing "six regional representative offices in Kazakhstan." Likewise, in her autobiographical 
statement the Petitioner similarly listed her position as "regional accounting manager" and included 
personnel management among her assigned responsibilities, alongside a variety of accounting duties. 
In other words, the record indicates that the Petitioner's latest position with was not limited to 
merely performing accounting tasks, but rather involved a management component that precludes the 
position from being deemed specifically that of accountant. Because the comparative data the 
Petitioner provided does not apply to the position she actually held, the Petitioner has not provided 
sufficient evidence to show that she commanded a salary that was high relative to others in her field. 
III. CONCLUSION 
The Petitioner has not shown that she met either a one-time award, or three of ten initial criteria. The 
Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top of 
their respective fields. USCIS has long held that even athletes performing at the major league level 
do not automatically meet the "extraordinary ability" standard. Matter of Price, 20 I&N Dec. 953, 
954 (Assoc. Comm'r 1994). Here, the Petitioner has not shown that the significance of her work is 
indicative of the required sustained national or international acclaim or that it is consistent with a 
"career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. No. 101-723, 59 
(Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. Moreover, the record does not otherwise 
demonstrate that the Petitioner has garnered national or international acclaim in the field, and that she 
is one of the small percentage of individuals who have risen to the very top of the field of endeavor. 
See section 203(b)(l)(A) of the Act and 8 C.F.R. § 204.5(h)(2). 
ORDER: The appeal is dismissed. 
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