dismissed EB-1A Case: Diplomacy / Physics

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
d 
FILE: Office: VERMONT SERVICE CENTER 
8 Date: APR 2 1 2005 
IN RE: Petitioner: 
Beneficiary: 
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. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
ided your case. Any further inquiry must be made to that office. 
I 'B 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office 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. 5 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 qualifL for classification as an alien of extraordinary ability. 
On appeal, the petitioner asserts that diplomats keep a low profile and that the director failed to consider all of 
the evidence submitted. 
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. 
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. 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 sustained national or international acclaim at the very top level. 
This petition seeks to classify the petitioner as an alien with extraordinary ability in an unspecified occupation. 
The law requires that the petitioner be seeking to enter the United States to continue in his area of expertise. 
Thus, the petitioner must establish not only that he has extraordinary ability in a field but also that he seeks to be 
employed in that field. The regulation at 8 C.F.R. 5 204,5(h)(5) provides: 
Neither an offer for employment in the United States nor a labor certification is required for 
this classification; however, the petition must be accompanied by 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 petitioner did not complete Part 6 of the petition regarding his proposed employment. This omission is 
significant, because the petitioner's academic credentials and teaching experience are in the field of physics 
while his most notable career achievements are in the field of international affairs. The two fields are not 
related. The petitioner failed to provide letters f?om prospective employers, prearranged commitments such as 
contracts, or even his own statement detailing the exact nature of his intended employment. The director 
expressed concern that the petitioner had not identified his intended occupation. The petitioner's only response 
on appeal, however, is that the letters demonstrate how he will substantially benefit the United States. None of 
the subsequent quotes from the petitioner's letters, however, explain whether the petitioner will be working in 
the field of physics or international affairs. 
The petitioner's recent volunteer employment in the United States suggests that the petitioner intends to teach 
physics or engineering. As such, he must demonstrate extraordinary ability in one of those fields. In the interest 
of full consideration, however, we will also consider the evidence of his diplomatic career. We note, however, 
that even if we were to conclude that the petitioner had demonstrated extraordinary ability as a diplomat, and we 
do not, the petition would not be approvable as the record lacks evidence that the petitioner intends to teach 
international affairs or otherwise work in that field. 
On appeal, the petitioner appears to assert that merely attaining the rank of ambassador demonstrates eligibility 
for the classification sought. The regulation at 8 C.F.R. 3 204.5(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. As the rank of ambassador is not a major international recognized 
award, such as a Nobel Peace Prize for example, the petitioner must meet three of the regulatory criteria 
discussed below through the submission of "extensive documentation." 
Moreover, supplementary information at 56 Fed. Reg. 60899 (November 29, 1991) states: 
The Service disagrees that all athletes performing at the major league level should 
automatically meet the "extraordinary ability" standard. . . . A blanket rule for all major league 
athletes would contravene Congress' intent to reserve this category to "that small percentage of 
individuals who have risen to the very top of their field of endeavor." 
We find that this reasoning is applicable to the petitioner's field. Each nation appoints ambassadors and, if part 
of the British Commonwealth, high commissioners, to the hundreds of other countries in the world and replaces 
those ambassadors every few years. We find that merely attaining the rank of ambassador in the diplomatic 
service, while a consideration, is not, by itself, evidence of eligibility for this restrictive classification. 
At no point has the petitioner clearly explained which criteria he claims to meet. We will address all of the 
criteria below. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for 
excellence in the field of endeavor. 
The petitioner did not submit any evidence of nationally or internationally recognized prizes or awards either in 
physics or international affairs. Rather he submitted recognition for academic achievements, such as honor roll 
certification. Such recognition is not an award for excellence in the field as academic study is not a field of 
endeavor, but training for a future field of endeavor. Moreover, the most experienced experts in the field do 
not compete for such recognition. On appeal, the petitioner asserts that the "awards" available in the diplomatic 
service are promotions to positions of greater responsibility. 
Clearly, this criterion is applicable to the field of physics. As such, we would not accept comparable evidence to 
meet this criterion pursuant to the regulation at 8 C.F.R. 5 204.5(h)(4), which allows comparable evidence 
where a criterion is not readily applicable to a field. Whether or not this criterion is applicable to the field of 
international affairs, we do not find that promotions are comparable to awards or prizes for excellence. In light 
of the above discussion, the petitioner has not established that he meets this criterion. We acknowledge that the 
nature of the petitioner's positions and responsibilities are relevant; however, they relate to another criterion and 
will be discussed below. 
Documentation of the alien's membe~ship in associations in the jeld for which classifcation is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines or fields. 
The petitioner claims to be a member olf physics honor society that "requires excellent 
academic achievements as a condition Association of Retired Ambassadors. The 
petitioner states: 
The membership [in the Association of Retired Ambassadors] is restricted to only the high 
achievers in the diplomatic field i.e. to those who have risen to highest level of their diplomatic 
careers. Even non-diplomatic ambassadors and political appointees cannot qualify to become a 
member. 
The director concluded that these memberships were insufficient. 
The petitioner submitted his membershi ate university- The 
petitioner did not submit the bylaws r other official documentation establishing the 
society's membership requirements. It the petitioner is a member of a local chapter of 
the society. Thus, national or internatiohal experts in the field did not judge his achievements. Moreover, 
academic achievements, such as grade point average, are not outstanding achievements in the field. 
The record does not contain evidence that the petitioner is a member of the Association of Retired Ambassadors. 
The petitioner also failed to submit evidenpe supporting his assertion that the association is exclusive. Going on 
record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in 
these proceedings. Matter of Treasure Graj?, 14 I&N Dec. 190, 193-194 (Reg. Comm. 1972), broadened in 
Matter of Soflci, 22 I&N Dec. 158,165 (Gomm. 1998) and Matter of Ho, 22 I&N Dec. 206,2 1 1 (Comm. 1998). 
Moreover, while the petitioner's positiohs in the diplomatic service will be considered below, we are not 
persuaded that an association for all retireti diplomatic ambassadors is restricted to only those with outstanding 
achievements in the field as judged by qational or international experts in the field. In light of the above 
discussion, the petitioner has not establishqd that he meets this criterion. 
Published materials about the alien in profesional or major trade publications or other major media, 
relating to the alien's work in theJield for which classzJication is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
The director concluded that the record did not include any "news articles discussing [the petitioner's] 
extraordinary ability and reputation." As the petitioner did submit news articles, however, more discussion is 
warranted. 
The petitioner was pictured presenting his credentials to the Ghanaian president in the Ghana Times in July 
1992. July 1992 press releases in the Pakistan Times and the Pakistan Observer also noted that the petitioner 
would be overseeing the Pakistani diplomatic mission in Togo at the same time. Finally, the Ghana Times 
reported the petitioner's final meeting with the President of Ghana prior to the petitioner's imminent departure 
fiom Ghana in 1996. Press releases are not as persuasive as independent journalistic coverage in demonstrating 
national or international acclaim. The petitioner has not demonstrated that these articles were featured as news 
coverage of the petitioner. For example, a section in a government-run newspaper1 that typically covers the 
daily activity of the President is not indicative of the petitioner's personal acclaim. Regardless, the articles 
submitted do not represent a pattern of sustained national or international acclaim. Thus, the petitioner has not 
established that he meets this criterion. 
Evidence of the alien 's participation, either individually or on apanel, as a judge of the work of others in the 
same or an allieAJield of speciJication for which classz$cation is sought. 
The petitioner has not submitted any evidence relating to this criterion in either the field of physics or the field 
of international affairs. 
Evidence of the alien's original scientzjk, scholarly, artistic, athletic, or business-related contributions of 
major significance in the field. 
The director stated that the petitioner had "excelled in several fields as a researcher, diplomat, teacher etc. while 
making original contributions to each of these fields." The director then concluded that the record "does not 
establish that [the petitioner] has been recognized nationally or internationally for a sustained time period in any 
of these endeavors." This discussion is ambiguous as to whether the director found that the petitioner met this 
criterion or not. We note that this criterion requires that the alien have made not only original contributions, but 
contributions of major significance to the field. As the director did not use the phrase "major significance," it 
appears that the director concluded that the petitioner's contributions to the field were insufficient to meet this 
criterion. Regardless of the director's findings, we find that the petitioner has not established that he has made 
any contributions to the field of physics or that he has made contributions of major significance to the field of 
international affairs. 
In evaluating the evidence relating to this criterion, evidence relating to specific contribution and their influence 
in the field is more persuasive than vague attestations of general contributions with little detail as to how the 
1 
The Ghana Times is run by the Ghanaian government according to http://www.countriesquest.com~afiica/ 
ghana/economy/communications.htm. 
field has been impacted. We will evaluate the evidence as it relates first to the field of physics and then to the 
field of international affairs. 
Prior to obtaining his Ph.D., the petitioner worked as a research assistant in the Physics Department at the 
American University of Beirut for three months in 1962. e petitioner's supervisor, asserts 
that the petitioner studied literature relating to experim a omic p ysics and the design of electronics 
equipment to be bui 
P -1 does not indicate that this work influenced the field of physics. A fellow 
student provides genera praise of the petitioner's graduate teaching abilities. 
The petitioner obtained his Ph.D. in physics from The Ohio State University in 1969. In an unsigned letter that 
is not on university letterhead, an employment verification clerk at The Ohio State University, 
confirms the petitioner's grad-perience' but does not evaluate the petitioner's work. After 
obtaining his degree, the petitioner briefl worked for the U.S. Air Force Flight Dynamics Laboratory through 
The Ohio State University. staff scientist, asserts that the petitioner 'materially assisted the 
Laboratory by designing contoured nozzles, surveying the technical field of electrostatic probe theory in flowing 
plasmas, assisting in the redesign and instrumentation of FGL facilities and various other tasks outlined" in the 
contract with The Ohio State University. 
It is inherent to the field of physics to make original observations and design new products. It does not follow 
that every researcher who performs original research that adds to the general pool of knowledge has 
inherently made a contribution of major significance to the field as a whole. Captain Couch does not assert 
that the petitioner's designs constitute a contribution of major significance that has impacted the field of 
electrostatic probe theory. Moreover, Captain Couch's letter is dated December 3 1, 1970, 32 years before 
the petition was filed. A petitioner must demonstrate sustained acclaim as of the date of filing. 
- 
Chair of the Physics Dep 
emp oyment ere om 1969 to 1971, but does not e 
Geological Sciences Department at the university, p 
and character. The petitioner submits a 1973 letter 
the University of Mosul, confirming that the petit 
1971 and recommending him as an instructor for 
petitioner and his students would benefit from the petitioner's participation, but does not identify or discuss any 
specific contributions to the field of physics made by the 
After 1973, the petitioner did not teach again until 2001, at which time he volunteered to facilitate "an 
engineering new student seminar course" at the City College of New York. This evidence does not establish 
that the petitioner has made contributions to the field of physics. It can be expected that a physicist making 
contributions of major significance to his field would have a distinguished publication record and references 
from the most prominent physicists in the country who have applied his results. Such evidence is lacking in this 
case. 
In a letter dated October 21, 1996 irector of Administration and Finance for the 
Organization of the Islamic petitioner was as Assistant 
Director at the General Secretariat of the OK! from May 1985 to September 19 serts that the 
petitioner "always won the appreciation and respect of his colleagues throughout the period he worked in this 
Organization." 
of the Department of Peacekeeping Operations at the United Nations asserts that the petitioner 
of his peers, had an understanding of intricate political issues, and high competence in 
m& management. While these qualities are obviously important in the petitioner's field, ~ahdi does not 
identify a specific contribution to the field or explain its significance. 
The 1996 article in the Ghana Times reporting the departure of the petitioner indicates that the President of 
Ghana "expressed the gratitude of the government for the assistance the Pakistani Government continued to 
offer towards the development of Ghana." The Special Assistant to the President "praised [the petitioner] for 
his efforts in strengthening the relationship between Ghana and Pakistan." Nothing about such general praise 
for an outgoing ambassador suggests that the petitioner's work in Ghana constitutes a contribution of major 
significance to the field of international affairs or diplomacy. The petitioner also submitted letters of 
appreciation upon his departure from the Foreign Service. Once again, these letters appear to constitute general 
appreciation for service to one's country issued to most if not all retiring ambassadors rather than recognition for 
specific contributions of major significance to the field of diplomacy. 
We will not infer contributions of major significance from a successful career. The statutory requirement for 
extensive documentation requires that the petitioner document specific contributions and their significance. The 
record is absent evidence that the petitioner has lectured in the field of international affairs, authored widely 
cited articles or otherwise influenced diplomacy in the Ministry of Foreign Affairs. 
For the reasons discussed above, the record does not establish that the petitioner has contributed to the field of 
physics or that he has made a contribution of major significance to the field of international affairs. 
Evidence of the alien's authorship of scholarly articles in the field in professional or major trade 
publications or other major media. 
The petitioner has not submitted any evidence relating to this criterion in either the field of physics or 
international affairs. While the petitioner submitted an invitation to author a paper to be presented at a 
conference on African Studies by the Area Study Centre for Africa, North and South America, the record does 
not contain any evidence that the petitioner actually authored the paper or that the paper proved influential, such 
as being widely cited. Thus, the petitioner has not established that he meets this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
This criterion does not relate to either the field of physics or the field of international affairs. 
Evidence that the alien has performed in a leading or critical role for organizations or establishments that 
have a distinguished reputation. 
The petitioner has served as a Pakistani ambassador to Ghana, Togo, and other countries and as a delegate to the 
OIC. The director, while not directly discussing this criterion, acknowledged that the petitioner had been 
"entrusted with multifarious responsibilities." We find that the petitioner meets this criterion in the field of 
international affairs. The record contains no evidence relating to this criterion in the unrelated field of physics. 
Evidence that the alien has commanded a high salary or other signficantly high remuneration for services, 
in relation to others in the field 
The director's request for evidence specifically requested evidence relating to this ~riterion.~ In response, the 
petitioner asserts that while a cabinet member of the OIC, his "salary was commensurate wi 
was higher than paid to the other diplomats of equivalent rank by their respective governments. 
the Department of Peacekeeping Operations with the United Nations asserts that the petition 
"was a coveted app ith it an attractive remuneration besides the important political 
content of the desk.' irector of Administration and Finance for the OIC, confirms the 
petitioner's position 
The director concluded that the record did not establish that the petiti "exceptional fees" either 
as a diplomat or as an instructor. On appeal, the petitioner reference omrnents and asserts that 
international organizations "do pay higher remunerations to attract quality, just as the pay 
scales and perks of the United Nations are highly attractive." 
The record includes no objective evidence of the petitioner's actual remuneration for his assignment to the OIC 
such as his employment contract or tax returns. The record also lacks evidence of the pay scale for Pakistan's 
Foreign Ministry. Without such evidence, we cannot determine whether the petitioner's remuneration was 
comparable to the most senior level members of the ministry. The record contains no evidence of the 
petitioner's remuneration as a physics instructor. In light of the above discussion, the petitioner has not 
established that he meets this criterion. 
Evidence of commercial successes in the performing arts, as shown by box ofice receipts or record, cassette, 
compact disk, or video sales. 
This criterion is not applicable to either the field of physics or the field of international afrars. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate that the 
alien has achieved sustained national or international acclaim and is one of the small percentage who has risen 
to the very top of the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished himself as a diplomat or 
physics instructor 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 indicates that the 
petitioner shows talent as a diplomat, but is not persuasive that the petitioner's achievements set him 
significantly above almost all others in his field. Therefore, the petitioner has not established eligibility 
pursuant to section 203(b)(l)(A) of the Act and the petition may not be approved. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. $ 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed. 
2 The director's request inexplicably referenced only three of the ten regulatory criteria. We emphasize that 
nothing in the regulations requires an alien to meet any specific criterion so long as the alien meets three.