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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and hnmigration 
Services 
FILE: LIN 07 198 51747 Office: NEBRASKA SERVICE CENTER 
 Date: OCT 0 1 2008 
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. 8 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. 
V 
obert P. Wiemann, Chief 
Appeals Office 
LlN 07 198 51747 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office (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. 5 1153(b)(l)(A), as an alien of extraordinary ability in 
education. The director determined that the petitioner had not established the sustained national or international 
acclaim necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the petitioner "has established national and international recognition in the 
education field." 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority 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 whlch 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. 
Citizenship and Immigration Services (CIS) and the 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, 60898-99 (Nov. 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): 
Initial evidence: 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. Such evidence shall include evidence of a one-time achievement 
(that is, a major, international recognized award), or at least three of the following: 
LIN 07 198 51747 
Page 3 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes 
or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which classification 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields; 
(iii) Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for whch classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation; 
(iv) 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 allied field of specification for which classification is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major 
trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases; 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation; 
(ix) 
 Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or 
record, cassette, compact disk, or video sales. 
This petition, filed on June 29, 2007, seeks to classify the petitioner as an alien with extraordinary ability as a 
high school special education teacher. The record reflects that the petitioner has worked as a special 
education teacher at Redemptorist High School in Baton Rouge, Louisiana since 2004. From 1980 to 2004, 
the petitioner was employed as a teacher for the La Salle Green Hills Grade School in Mandaluyong City, 
Philippines. 
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, internationally 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. A petitioner, however, cannot establish eligibility for this classification merely by 
submitting evidence that simply relates to at least three criteria at 8 C.F.R. 5 204.5(h)(3). In determining 
whether the petitioner meets a specific criterion, the evidence itself must be evaluated in terms of whether it is 
LIN 07 198 51747 
Page 4 
indicative of or consistent with sustained national or international acclaim. 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). The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or 
awards for excellence in thefield of endeavor. 
The petitioner submitted a certificate of appreciation from the Cordell Hull Foundation for International 
Education acknowledging her "contribution as a J-1 Exchange Visitor Teacher to the Catholic Schools of 
Baton Rouge" during the 2004-2005 school year. There is no evidence showing that this award is a nationally 
or internationally recognized prize or award for excellence in education. 
The petitioner also submitted July 2007 letters from the Filipino Coordinator and the Registrar of the La Salle 
Green Hills Grade School stating that she was nominated for its "Model Teacher Award" and "St. Benilde 
Teacher Exemplar Award." There is no evidence showing that the petitioner received either of these awards. 
While it is certainly an honor to be nominated, the plain language of this criterion requires the petitioner's 
receipt of nationally or internationally recognized prizes or awards. Further, these awards reflect local or 
institutional recognition rather than national or international recognition. 
In light of the above, the petitioner has not established that she meets this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for which classiJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet this criterion, it must be primarily about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualifL 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national level from a local publication. Some newspapers, such as the New York Times, 
nominally serve a particular locality but would qualify as major media because of significant national distribution, 
unlike small local community papers.' 
The petitioner submitted an April 22, 2004 issue of the NCTM Daily, an on-site newspaper for the National 
Council of Teachers of Mathematics Annual Meeting. The petitioner's photograph appears in the "Question 
of the Day" section of the newspaper along with the photographs of seven other teachers. Each of the eight 
individuals whose photograph appears in this section provided a one-sentence response to the question "What 
Would Be Most Helpful in Making You a Better Teacher?" The petitioner responded: "I would like to know 
the techniques and how to make the teaching more lively." A captioned photograph of the petitioner does not 
meet the plain language of this regulatory criterion. This criterion requires that the published material be 
I 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
LIN 07 198 51747 
Page 5 
"about the alien.'' The preceding material was not primarily about the petitioner and did not identify an 
author. Further, there is no evidence showing that this conference newspaper distributed during the four days 
of the National Council of Teachers of Mathematics Annual Meeting qualifies as professional or major trade 
publication or some other form of major media. 
In light of the above, the petitioner has not established that she meets this criterion. 
Evidence of the alien 's original scientijic, scholarly, artistic, athletic, or business-related 
contributions of major signzjkance in the field. 
The petitioner submitted several letters of support discussing her talent as a teacher and her activities in the 
field, but these letters include no substantive discussion as to which of the petitioner's specific educational 
achievements constitute orignal contributions of major significance in the field. According to the regulation 
at 8 C.F.R. 204.5(h)(3)(v), an alien's contributions must be not only original but of major significance. We 
must presume that the phrase "major significance" is not superfluous and, thus, that it has some meaning. 
While the petitioner has coauthored elementary school textbooks, there is no evidence demonstrating that her 
work has had major significance in the field.' For example, the record does not indicate the extent of the 
petitioner's influence on other teachers nationally or internationally, nor does it show that the field has 
somehow changed as a result of her work. 
In this case, the letters of recommendation submitted by the petitioner are not sufficient to meet this criterion. 
These letters, while not without weight, cannot form the cornerstone of a successful extraordinary ability 
claim. CIS may, in its discretion, use as advisory opinion statements submitted as expert testimony. See 
Matter of Caron International, 19 I&N Dec. 791, 795 (Comrnr. 1988). 
 However, CIS is ultimately 
responsible for making the final determination regarding an alien's eligibility for the benefit sought. Id. The 
submission of letters of support from the petitioner's professional contacts is not presumptive evidence of 
eligibility; CIS may evaluate the content of those letters as to whether they support the alien's eligibility. See 
id. at 795. Thus, the content of the writers' statements and how they became aware of the petitioner's 
reputation are important considerations. Even when written by independent experts, letters solicited by an 
alien in support of an immigration petition are of less weight than preexisting, independent evidence of 
original contributions of major significance that one would expect of a teacher who has sustained national or 
international acclaim. Without extensive documentation showing that the petitioner's work has been 
unusually influential, highly acclaimed at the national or international level, or has otherwise risen to the level 
of original contributions of major significance in the field, we cannot conclude that she meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
publications or other major media. 
Educational material coauthored by the petitioner relates to the "authorship of scholarly articles" criterion at 8 C.F.R. 
5 204.5(h)(3)(vi). Here it should be emphasized that the regulatory criteria are separate and distinct from one another. 
Because separate criteria exist for authorship of scholarly articles and original contributions of major significance, CIS 
clearly does not view the two as being interchangeable. If evidence sufficient to meet one criterion mandated a finding 
that an alien met another criterion, the requirement that an alien meet at least three criteria would be meaningless. We 
will fully address the published work authored by the petitioner under the next criterion. 
LIN 07 198 5 1747 
Page 6 
The petitioner submitted evidence showing that she coauthored educational textbooks in the Philippines and 
that her work was published and distributed nationally. On appeal, the petitioner submits evidence showing 
that her work has been cited. As such, the petitioner has established that she meets this single criterion. 
Evidence that the alien has commanded a high salary or other signijicantly high remuneration 
for services, in relation to others in thejeld. 
The petitioner submitted her contract with the Diocese of Baton Rouge for the 2007-2008 school year 
reflecting that she commanded a salary of $30,040. The plain language of this regulatory criterion requires 
the petitioner to submit evidence of a high salary "in relation to others in the field." The petitioner offers no 
basis for comparison showing that her salary in 2007 or any other prior year was significantly high in relation to 
others in her field. As such, the petitioner has not established that she meets this criterion. 
In this case, the petitioner has established that she meets only one of the regulatory criteria, three of which are 
required to establish eligibility. 8 C.F.R. 4 204.5(h)(3). The petitioner has failed to demonstrate her receipt 
of a major, internationally recognized award, or that she meets at least three of the criteria that must be 
satisfied to establish the sustained national or international acclaim necessary to qualify as an alien of 
extraordinary ability. 
Review of the record does not establish that the petitioner has distinguished herself to such an extent that she may 
be said to have achieved sustained national or international acclaim or to be withn the small percentage at the 
very top of her field. The evidence is not persuasive that the petitioner's achievements set her significantly above 
almost all others in her 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. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.