dismissed EB-1A Case: Christian Missions

U.S. Citizenship 
and Immigration 
Services 
In Re: 22678658 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN . 31, 2023 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a pastor, seeks classification as an alien 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 Texas Service Center denied the petition , concluding that although the Petitioner 
established that he satisfies the initial evidentiary requirement s for this classification , he did not 
establish that he has sustained national or international acclaim and is among the small percentage at 
the very top of his field. 
The matter is now before us on appeal. 8 C.F.R. § 103.3. On appeal , the Petitioner contends that the 
Director 's decision is conclusory and without a thoughtful evaluation of the entire record. The 
Petitioner also contends that the Director analyzed the evidence under a higher standard of proof going 
beyond the standard of preponderance of the evidence and dismissed probative documentation in the 
record. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe , 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo . Matter of Christa 's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015) . Upon de novo review, 
we will dismiss the appeal. 
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 his or her achievements in the field through a one-time achievement (that 
is a major, internationally recognized award). If that petitioner does not submit this evidence, then he 
or she must provide sufficient qualifying documentation that 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 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). 
II. ANALYSIS 
The Petitioner is a pastor in the field of Christian missions. The Petitioner has not indicated that he 
received a major, internationally recognized award. Therefore, he must satisfy at least three of the ten 
alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner claims to have satisfied 
the following five criteria: (1) published material in professional or major trade publications, (2) the 
receipt of lesser nationally or internationally recognized prizes or awards, (3) original business 
contributions of major significance, (4) performance in a critical role for organizations that have a 
distinguished reputation, and ( 5) membership in associations for which require outstanding 
achievements of their members. 
The Director concluded that the Petitioner met the following four criteria: (1) published material in 
professional or major trade publications, (2) original business contributions of major significance, (3) 
performance in a critical role for organizations that have a distinguished reputation, and ( 4) 
membership in associations for which require outstanding achievements of their members. Upon 
review of the record, we agree with the Director's determination regarding the published material 
criterion but do not agree with the Director's determination regarding the original contributions, 
critical role, and membership in associations criteria. Therefore, we conclude that the record does not 
support a finding that the Petitioner satisfies the requirements of at least three criteria as required under 
8 C.F.R. § 204.5(h)(3). 
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Evidence of the alien's original scient[fic, scholarly, artistic, athletic, or business-related 
contributions of major sign[ficance in the field. 8 C.F.R. § 204.5(h)(3)(v). 
The Director determined that the Petitioner established eligibility for this criterion. However, a review 
of the record of proceeding does not reflect that the Petitioner submitted sufficient documentary 
evidence establishing that he meets the plain language of the regulation at 8 C.F.R. § 204.5(h)(3)(v). 
The Petitioner claimed that he has made a significant contribution in the field, specifically in his ability 
to identify, analyze, and solve pressing societal needs through the efforts of his nonprofit organization, 
___________________ To support this claim, the Petitioner submitted 
recommendation letters from various individuals, information about from from the website, a 
pre-meeting package of a balance sheet ofl I bank statements of invoices 
issued tol I and transaction receipts of !showing transfers of money from to various 
individuals. 
For example, a letter from I I a pastor and a Christian singer, states that through __ 
the Petitioner has become well known as one of the leading missionaries and he brought material, 
emotional, and spiritual support to Christians undergoing great tribulations. The Petitioner also 
submitted a letter from I I a member of U.S. Congress, which states that the Petitioner has 
created and implemented one of the most innovative ministries in Brazil by providing "methods and a 
structure, such as farming, micro-credit, sports programs, leadership training, and other creative 
projects." A letter from I I the Attorney General of the State of !Brazil, 
states that I I has helped communities establish schools, pig and chicken farming in various 
regions, job training, and sports programs and that the Petitioner's vision of ministry is very unique, 
and it addresses a global problem with a focus on the local communities. The Petitioner also submitted 
a letter from I I the Director and founder ofl I which states that I I aims to 
transform local communities where Christians are persecuted and strengthen them to stay and thrive, 
despite the adversity. A letter from in the Legislative 
Branch of the government of Brazil, states that the Petitioner established a novel missionary model 
where he sends out leaders, including business administrators and other professionals, who will equip 
and train church leaders and members with practical skills and solutions. 
To satisfy this criterion, the Petitioner must establish that not only has he made original contributions 
but that they have been of major significance in the field as claimed. See 8 C.F.R. § 204.5(h)(3)(v). 
Major significance in the field may be shown through evidence that his original methods or processes 
have been widely implemented throughout the field, have remarkably impacted or influenced the field, 
or have otherwise risen to a level of major significance in the field. 
The evidence is insufficient to establish that the Petitioner has satisfied this criterion. The 
recommendation letters indicate that the Petitioner has created and implemented innovative ministries 
by providing methods and a structure, such as farming, micro-credit, sports programs, leadership 
training, and other creative projects. However, the Petitioner did not submit sufficient evidence to 
establish that he is solely responsible for creating and implementing these various programs. The 
record does not sufficiently establish the Petitioner's role in these various programs. The record also 
does not sufficiently demonstrate his control or influence over the claimed contributions. Moreover, 
while the recommendation letters discuss missionary activities of in general, they do not explain 
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how the Petitioner's missionary work has impacted the field in a major or significant way, consistent 
with a finding of "contributions of major significance." For example, the record does not sufficiently 
demonstrate that the Petitioner's methods or techniques have been widely used by others in the field. 
The documents in the record do not demonstrate how his contributions rise to a level consistent with 
major significance. Vague, solicited letters that repeat the regulatory language but do not explain how 
the petitioner's contributions have already influenced the field is insufficient to establish original 
contributions of major significance in the field. Kazarian v. USCIS, 580 F.3d 1030, 1036 (9th Cir. 
2009) aff'd in part 596 F.3d 1115 (9th Cir. 2010). Accordingly, the Petitioner does not meet this 
criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 8 C.F.R. § 204.5(h)(3)(viii). 
The Director determined that the Petitioner established eligibility for this criterion. However, a review 
of the record of proceeding does not reflect that the Petitioner submitted sufficient documentary 
evidence establishing that he meets the plain language of the regulation at 8 C.F.R. § 204.5(h)(3)(viii). 
The Petitioner claimed that he has performed in a critical role in the establishment of lin several 
regions that played a major role with Haitian hurricane relief effort, micro-financing in Burundi, and 
pig and chicken farming in Guinea Bissau. The Petitioner also claimed that he performed in a critical 
role for the government of Brazil when he was asked to assist in resolving problems exacerbated from 
an influx of refugees. To support this claim, the Petitioner submitted recommendation letters from 
various individuals, information aboutl I from thel I website, and business entity summary 
of I from the Massachusetts Secretary of State website. 
For example, the Petitioner submitted a letter froml I the Director and founder of I 
which states that the Petitioner, the founder and leader of has influenced a whole generation of 
Brazil to do good things and transform the community. The Petitioner also submitted a letter from 
the President and founder ofl I which states that the Petitioner's vision of 
ministry is so fresh and exiting that it attracts high caliber leaders to carry the totorch ofl I with him. 
A letter from I I a member of U.S. Congress, states that has provided emergency 
assistance to the government of Brazil in receiving persecuted Christians who sought asylum in Brazil 
through programs that help those refugees with assimilation and integration in the local culture. A 
letter froml la senator of Brazil, states that has provided support to the government 
of Brazil in the processing and resettlement of Christian refugees who fled persecution in their 
countries. 
The Petitioner submitted documentary evidence from thel I website about the organization but did 
not submit sufficient independent, objective evidence demonstrating that I I has a reputation that 
distinguishes it from other Christian missionary organizations. See 8 C.F.R. § 204.5(h)(3)(viii). 
Accordingly, the Petitioner does not meet this criterion. 
Documentation of the alien 's membership in associations in the field for which 
class[fication is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields. 8 
C.F.R. § 204.5(h)(3)(ii). 
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The Director determined that the Petitioner established eligibility for this criterion. However, a review 
of the record of proceeding does not reflect that the Petitioner submitted sufficient documentary 
evidence establishing that he meets the plain language of the regulation at 8 C.F.R. § 204.5(h)(3)(ii). 
The Petitioner asserted that he was admitted to the Church of America as a minister under 
the extraordinary clause of the _____ Order because of his extraordina credentials as a 
theologist and missionary. To su ort this claim, the Petitioner submitted (1) 
Stated Meeting of New Jerse Church in America and (2) the 
I !Order of the Church in America ____ 
The INew Jersey! I states that the Committee has reviewed the Petitioner's 
college and seminary transcri ts and several recommendation letters that directly speak to his service 
as a minister in the Church of Brazil and his work with I I and 
recommended that New Jerse xamines the Petitioner under the extraordinary clause 
according to the Order, sections 13-6 and 21-4, for transfer into the I I 
Church of America. Section 21-4 of the I !Order states that the extraordinary clause 
should be limited to "extraordinary circumstances of the church or proven extraordinary gifts of the 
man." Section 13-6 of the I I Order states that ministers seeking admission to a 
I I in the I Church in America from other I I must be examined on 
"Christian experience, and also touching their views in theology, the Sacraments, and church 
government." 
To demonstrate that membership in an association meets this criterion, a petitioner must show that the 
association requires outstanding achievement as an essential condition for admission to membership. 
See 8 C.F.R. § 204.5(h)(3)(ii). The record does not reflect that admission to the Church 
of America as a minister under the extraordinary clause of the I I Order requires 
outstanding achievements of its members. Instead, the record reflects that the extraordinary clause is 
limited to extraordinary circumstances of the church or proven extraordinary gifts of the members and 
that the admission requires a review of Christian experience of the members and their views in 
theology, the Sacraments, and church government. Membership requirements based on activity in a 
given field, knowledge in a given field, personal or spiritual views on related subjects, or faith in the 
principal object to be a member do not satisfy this criterion as such requirements do not constitute 
outstanding achievements. The record does not contain sufficient evidence to support the claim that 
thel I Church of America requires outstanding achievements of its members, as judged by 
recognized national or international experts. Accordingly, the Petitioner does not meet this criterion. 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
documents that meet at least three of the ten lesser criteria. As a result, we need not provide the type 
of final merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise 
that we have reviewed the record in the aggregate, concluding that it does not support a finding that 
the Petitioner has established the acclaim and recognition required for the classification sought. 
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The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields, rather than for individuals progressing toward the top. U.S. Citizenship and 
Immigration Services 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 shown that he is a devout Christian and a devoted 
pastor in the field of Christian missions. However, the record as a whole does not demonstrate a level 
of recognition that indicates the required sustained national or international acclaim or demonstrates 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 is one of the small percentage who has 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). 
The Petitioner has not demonstrated eligibility as an individual of extraordinary ability. The appeal 
will be dismissed for the reasons stated above. 
ORDER: The appeal is dismissed. 
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