dismissed EB-1A Case: Accounting And Finance

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
idmoiQing data deletedp 
pwnt clearly unwhtd 
invasion of personal privacy 
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U. S. Citizenship 
and Immigration 
FILE: - Office: VERMONT SERVICE CENTER RAR- P 5 2007 
EAC 05 043 50777 i 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
 J 
Lg....-. 
C~obert P. Wiernann, Chief 
Administrative Appeals Office 
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DISCUSSION: The employment-based immigrant visa petition was denied by the ~irector, Vermont Service 
Center, and is now before the Administrative Appeals Of'fice (AAO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(l)(A), as an alien of extraordinary ability. The 
director determined the petitioner had not established the sustained national or international acclaim necessary to 
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qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the petitioner qualifies as an alien of "extraordinary ability in.internationa1 
accounting, financial management, financial information systems, and business engineering." 
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Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph 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 to the United States will substantially benefit prospectively the 
United States. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (November 29, 1991). As used in 
this section, the term "extraordinary ability" means a level of expertise indicating that the individual is one of 
that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 5 204.5(h)(2). The 
specific requirements for supporting documents to establish that an alien has sustained national or 
international acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. 
5 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the 
,petitioner must show that he has earned sustained national or international acclaim at the very top level. 
This petition, filed on November 28, 2004, seeks to classify the petitioner as an alien with extraordinary 
ability as the Treasurer and Director of Finance of the International Rice Research Institute (IRRI). A letter 
of support from 
 Director General, IRRI, states: 
 "IRRI is one of the 15 non-profit, 
autonomous, scientific research and training Institutes in the system of the Consultative Group on 
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International Agricultural Research (CGIAR). The headquarters of IRRI is located . . . near Manila in 
Philippines. In addition, IRRI has 10 locations in Asia to carry out its work." 
The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which 
must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien S membership in associations in the field for which classiJication 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must show that 
the association requires outstanding achievement as an essential condition for admission to membership. 
Membership requirements based on employment or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recommendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. In addition, it is clear fi-om the regulatory language that members must be selected at the 
national or international level, rather than the local or regional level. Therefore, membership in an association 
that evaluates its membership applications at the local or regional chapter level would not qualify. Finally, 
the overall prestige of a given association is not determinative; the issue here is membership requirements 
rather than the  association?^ overall reputation. 
The petitioner submitted evidence of his membership in the Association of Certified Accountants and the Institute 
of Chartered Accountants. The record, however, includes no evidence of the membership bylaws or the 
official admission requirements for these organizations. 'There is no indication that admission to membership 
in these organizations required outstanding achievement or that the petitioner was evaluated by national or 
international experts in consideration of his admission to membership. Thus, the petitioner has not 
established that he meets this criterion. 
Evidence of the alien's participation, either individually or on a panel, as a judge of the work of 
others in the same or an alliedfield of speciJication for which classiJication is sought. 
The regulation at 8 C.F.R. 5 204.5(h)(3) provides that "a petition for an alien of extraordinary ability must be 
accompanied by evidence that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Evidence of the petitioner's participation as a 
judge must be evaluated in terms of these requirements. The weight given to evidence submitted to fulfill the 
criterion at 8 C.F.R. 5 204.5(h)(3)(iv), therefore, depends on the extent to which such evidence demonstrates, 
reflects, or is consistent with sustained national or international acclaim at the very top of the alien's field of 
endeavor. A lower evidentiary standard would not be consistent with the regulatory definition of 
"extraordinary ability" as "a level of expertise indicating that the individual is one of that small percentage 
who have risen to the very top of the field of endeavor." 8 C.F.R. 5 204.5(h)(2). For example, evaluating the 
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work of accomplished professionals as a member on a national panel of independent experts is of far greater 
probative value than evaluating one's immediate subordinates. 
funding sources, states: 
Due to his outstanding professional and inter-personal skills, [the petitioner] has been appointed 
numerous times to participate in various expert teams to review different aspects of the CGIAR 
system. The most recent was for service on the CGIAR finance peer review team, responsible for 
reviewing the financial performance of the research centers of the CGIAR system. 
While Shey Tata's comments indicate that the petitioner's input is valued by institutions directly affiliated 
with the CGIAR system, of which IRRI is a part, it has not been established that preparing financial 
guidelines for the CGIAR's member organizations and reviewing compliance with such guidelines is 
tantamount to judging the work of others in one's field for purposes of satisfying this criterion. The record 
includes no evidence showing the names of the individuals evaluated by the petitioner or their level of 
expertise. Further, there is no indication that the petitioner held final authority over compliance and 
performance determinations. Developing financial guidelines and reviewing financial performance are duties 
inherent to the petitioner's occupation. We do not find that the petitioner's inclusion on a financial review 
team for an organization that has direct oversight of his immediate employer demonstrates sustained national 
or international acclaim in the accounting or finance fields. Without evidence showing that the petitioner's 
involvement with the CGIAR's financial review teams elevates him above almost all others in his field 
nationally or internationally, we cannot conclude that he meets this criterion. 
Evidence of the alien's original scientijic, scholarly, artistic, athletic, or business-related 
contributions of major signijcance in the field. 
I have known [the petitioner] in a professional capacity since I met him for the first time in the mid- 
eighties in Monrovia, Liberia. He had recently been appointed as the Financial Controller of the West 
Africa Rice Development Association (WARDA) supported by the CGIAR. A few months prior to 
that, the CGIAR had launched a financial rescue mission for this organization. It was clear to us that 
the organization would not survive unless it instituted modern financial management techniques and 
systems under the leadership of an expert financial professional. [The petitioner] proved himself as 
that expert and got the job done. The organization has indeed survived. . . . [The petitioner] has since 
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then served at two other CGIAR organizations, the International Center for Research on Semi-Arid 
Tropics (ICRISAT) headquartered in India and more recently at the International Rice Research 
Institute (IN) in the Philippines. His excellent professional progress within the organization is 
certainly due to his professional competence, he is a certified accountant with a chartered account 
certificate, but importantly his ability to work across cultures and continents, and, as well his 
professional integrity. 
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[The petitioner] has made significant contributions to the financial community within the CGIAR by 
taking a variety of leadership roles in complex technical issues such as accounting policy, indirect 
cost policy and financial management indicators. His service at the three Centers has almost always 
coincided with strategic challenges faced by the Centers. To cite a few examples, in addition to the 
survival problems at WARDA, he has had deal with a strategic reorientation of work programs from 
India to Africa in case of ICRISAT and management of liquidity in case of IRRI. In all instances, 
key ingredients of success have been his professional and collaborative approach to problem solving, 
his willingness to take on difficult issues and his appreciation of different cultures and traditions. [The 
petitioner] is well known in the CGIAR as a talented financial professional who always delivers. 
states that the petitioner "has made significant contributions to the financial community 
within the CGIAR," but there is no evidence showing that the financial work attributable to him has had a 
substantial national or international impact beyond the CGIAR. While the petitioner is admired within the 
CGIAR for his accomplishments, the evidence submitted by the petitioner is not adequate to demonstrate that 
he is recognized throughout the greater field for original contributions of major significance in accounting or 
finance. The petitioner has not shown how the accounting or financial management fields have changed as a 
result of his work. 
With regard to the remaining recommendation letters from individuals who have been involved with the ,, 
CGIAR, the source of the recommendations is a highly relevant consideration. These letters are not first-hand 
evidence that the petitioner has earned sustained acclaim outside of the GGIAR and its funding organizations 
(such as the World Bank or The Rockefeller Foundation). If the petitioner's reputation is limited to those 
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institutions, then he has not achieved national or international acclaim regardless of the expertise of his 
witnesses. We cannot ignore that section 203(b)(l)(A)(i) of the Act specifically requires "extensive 
documentation" of sustained national or international acclaim. Without extensive documentation showing that 
the petitioner's work has been unusually influential or highly acclaimed at the national or international level, 
we cannot conclude that his work rises to the level of an original contribution of major significance in the 
accounting or finance fields. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
In order to establish that he performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of his role within the entire organization or 
establishment and the reputation of the organization or establishment. 
A letter of support from - Director General, states: 
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I became acquainted with [the petitioner] in 2002, when he was hired as the Treasurer and Director 
for Finance for the International Rice Research Institute (IRRI). As Director General of IRRI, I have 
served as his supervisor for the past 2 % years. 
As Director of Finance, he is responsible for the development and implementation of IRRI's financial 
policies, management of the banking, investment and treasury function, and preparation of annual 
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program and work budgets. This is one of the most responsible and critical positions in the Institute. 
[The petitioner] has done an excellent job in all areas of his job responsibilities. He is very well 
trained and has an excellent work ethic. Upon his arrival at IRRI, he quickly became familiar with 
the position and the key staff in his department. 
One area of his responsibility that is most important to the Institute is the development of annual 
budgets based on predicted donor grants and Institute expenditures based on program activities. This 
information updated throughout the year is crucial for the long-term sustainability of the Institute. 
[The petitioner] has done this extremely well. Another area of crucial importance is the development 
of investment policies for our reserves. Again, his advice and implementation of these polices have 
been excellent. IRRI's financial situation is very good and much of the credit is due to the efforts of 
[the petitioner]. He had previously worked with two other international research institutes and they 
had similar success in achieving financial stability. 
1m is one of 15 international centers that make up the Consultative Group on International 
Agriculture Research (CGIAR). Within the CGIAR, [the petitioner] is clearly the most experienced 
and respected financial officer in the system. Recently, he was selected to develop the critical 
financial indicators for the entire system. 
We accept that the petitioner's positions of Treasurer and Director for Finance at IRRI, Director for Finance 
and Administration at ICRISAT, and Director of Administration and Finance at WARDA are leading roles, 
but there is no evidence of independent press reports or other material establishing that these organizations 
have distinguished reputations. Receipt of funding from governmental or private sources is not sufficient to 
demonstrate that the grantee has earned a distinguished reputation at the national or international level. We 
note that it is commonplace for non-profit organizations to be funded by grants from a variety of public and 
private 'sources. Without independent evidence showing that the preceding organizations had distinguished 
reputations during the petitioner's tenure, we cannot conclude that he meets this criterion. 
Evidence that the alien has commanded a high salary or other signijicantly high remuneration 
for services, in relation to others in the field 
The petitioner initially submitted an illegible photocopy of an earnings statement from 2004. In response to 
the director's request for evidence, the petitioner submitted a letter of support from Robert Zeigler, Director 
General of IRRI, stating that the petitioner is employed as "the Treasurer and Director for Finance" at a salary 
of $1 19,638 plus benefits. The petitioner's response also included median salary statistics for the occupation 
of "Financial Manager" printed from the payscale.com internet website. The petitioner's use of median salary 
statistics, however, is not an appropriate basis for comparison. The petitioner must submit evidence that his 
salary places him at the very top of his field, not in the top half. See 8 C.F.R. $ 204.5(h)(2). The petitioner's 
bases for comparison are also flawed in 'that they limit comparison of the petitioner to lower-level financial 
managers or recent accounting graduates rather than including the more appropriate salary comparisons of 
Treasurer or Director of Finance. We find that the evidence submitted by the petitioner is not adequate to 
establish that he earns a level of compensation that places him among the highest paid individuals in his field at 
the national or international level. Thus, the petitioner has not established that he meets this criterion. 
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In this case, the petitioner has failed to demonstrate his receipt of a major internationally recognized award, or 
that he meets at least three of the criteria that must be satisfied to establish the sustained acclaim necessary to 
qualify as an alien of extraordinary ability. 
We note here that the petitioner's claim of eligibility under this classification rests primarily upon several 
recommendation letters prepared in support of the petition rather than contemporaneous first-hand evidence 
of his achievements and recognition. The benefit sought in the present matter, however, is not the type for 
which documentation is typically unavailable and the statute specifically requires "extensive documentation" to 
establish eligibility. See section 203(b)(l)(A)(i) of the Act. Further, the regulation at 8 C.F.R. 5 204.5(h)(3) 
requires documentary evidence that the petitioner "has sustained national or international acclaim and that his 
. . . achievements have been recognized in the field of expertise." This regulation provides that eligibility may 
be established through a one-time achievement or through documentation meeting at least three of ten criteria. 
The commentary for the proposed regulations implementing section 203(b)(l)(A)(i) of the Act,provide that the 
"intent of Congress that a very high standard be set for aliens of extraordinary ability is reflected in this regulation 
by requiring the petitioner to present more extensive documentation than that required"\ for lesser classifications. 
56 Fed. Reg. 30703, 30704 (July 5, 1991). The regulatory criteria require specific documentation beyond mere 
testimony, such as awards, memberships, published material about the alien, evidence of a high salary, and box 
office receipts. As an example of the specific nature of the documentation required, the regulation at 8 C.F.R. 
$204.5(h)(3)(iii) requires the "title, date and author" of the published material about the alien. The only criterion 
for which letters of support are specifically relevant is the criterion relating to the alien's leading or critical role 
for an entity with a distinguished reputation. 8 C.F.R. 5 204.5(h)(3)(viii). The first issue is the role the alien was 
hired to fill. According to 8 C.F.R. 5 204.5(g), letters from employers are acceptable evidence of ;xperience.' 
While letters from one's professional associates may place the evidence for the remaining criteria in context, they 
cannot serve as primary evidence of the achievement required by each criterion. In the present matter, the 
petitioner cannot arbitrarily replace such evidence with attestations from his close colleagues who assert that 
they find his abilities to be extraordinary. Further, while the regulation at 8 C.F.R. 5 204.5(h)(4) permits 
"comparable evidence" where the ten criteria do not "readily apply" to the alien's occupation, the regulation 
neither states nor implies that letters of recommendation attesting to the alien's accomplishments are 
"comparable" to the strict documentation requirements in the regulations setting forth the ten   rite ria.^ Evidence 
in existence prior to the preparation of the petition carries greater weight than letters of support prepared 
especially for submission with the petition. 
Review of the record does not establish that the petitioner has distinguished himself to such an extent that he may 
be said to have achieved sustained national or international acclaim or to be within the small percentage at the 
very top of his field. The evidence is not persuasive that the petitioner's achievements set him significantly above 
almost all others in his field at the national or international level. Therefore, the petitioner has not established 
eligibility pursuant to section 203(b)(l)(A) of the Act and the petition may not be approved. 
We note, however, that an alien would also need to submit objective evidence of the reputation of the employer to satisfy 
the specific requirement of 8 C.F.R. 
 204.5(h)(3)(viii). 
In the present case, there is no indication that eligibility for visa preference in the petitioner's occupation cannot be 
established by the ten criteria specified by the regulation. 
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Beyond the decision of the director, the regulation at 8 C.F.R. 5 204.5(h)(5) requires "clear evidence that the 
alien is coming to the United States to continue work in the area of expertise. Such evidence may include 
letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a 
statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The record includes no such evidence. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), affd. 345 F.3d 683 
(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews 
appeals on a de novo basis). 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. Here, that burden has 
not been met. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.