dismissed EB-1A Case: Thermal Heavy Oil Recovery

U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-M-0-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 29, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a supervisor of thermal heavy oil steam flood recovery, seeks classification as an 
individual of extraordinary ability. See Immigration and Nationality Act (the Act) section 
203(b )(1 )(A), 8 U.S.C. § 1153(b )(1 )(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 Acting Director of the Nebraska Service Center denied the Form I-140, Immigrant Petition for 
Alien Worker, concluding that the Petitioner had satisfied only two of the initial evidentiary criteria, 
of which he must meet at least three. 
On appeal, the Petitioner presents a brief, contending that he satisfies at least three criteria. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
Section 203(b )(I )(A) of the Act makes visas available to qualified 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 m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
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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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate 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 documentation that meets at least three of the ten categories 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. 201 0) 
(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. USCJS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter o[Chawathe , 25 I&N Dec. 369, 376 (AAO 201 0). 
II. ANALYSIS 
The Petitioner is a supervisor for 
in California. Because he has not indicated or established that he has received a maJor, 
internationally recognized award, he must satisfy at least three of the ten criteria at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). In denying the petition, the Director found that the Petitioner met only two of 
the initial evidentiary criteria, leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii) and high 
salary under 8 C.F.R. § 204.5(h)(3)(ix). 
On appeal, the Petitioner maintains that he meets three additional criteria , discussed below. We have 
reviewed all of the evidence in the record and conclude that it does not support a finding that the 
Petitioner satisfies the plain language requirements of at least three criteria. 
Documentation (~f 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). 
The Petitioner contends that his selection to serve in Heavy Oil Steam Flood Specialist 
Program (HOSFSP) meets this criterion. On appeal, he references a letter from 
vice president of the who stated that "[t]he goal of [HOSFSP] 
is to develop the next generation of specialists in the industry." Further, indicated that 
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" [t)his elite group of engineers are part of and were 
organized to develop and maintain cutting edge technology and processes to maintain 
worldwide domination in Heavy oil leadership." 
First, we note that the Petitioner is not a member in an association within the meaning of 8 C.F.R. § 
204.5(h)(3)(ii). Rather, he serves in HOSFSP as part of his employment, and 
participation appears to be limited to those employed with Therefore, the Petitioner's 
service with HOSFSP is more appropriate to be considered under the leading or critical role criterion 
at 8 C.F.R. § 204.5(h)(3)(viii) , which is discussed later in this decision . 
Notwithstanding the above, in order to satisfy this criterion, the Petitioner must show that 
membership in the associations is based on being judged by recognized national or international 
experts as having outstanding achievements in the field for which classification is sought. 1 While 
indicated that " [ w ]e carefully selected him to join this team in the discipline of Heat 
Management Specialist [sic]," the letter does not establish that outstanding achievements are an 
essential requirement to serve with HOSFSP. Moreover , did not explain the selection 
process and show whether recognized national or international experts judge the employee's 
participation in the progr am. Accordingly, the Petitioner did not demonstrate that he meets this 
criterion. 
Evidence of the alien 's participation, either individually or on a panel, as a judge oft he work (?f 
others in the same or an allied.field of specification for which classification is sought. 8 C.F.R. 
§ 204.5(h)(3)(iv). 
In support of this criterion , the Petitioner contends that his job duties at satisfy this 
criterion. Specifically, the Petitioner indicated that he submitted evidence of his involvement in 
providing responses for employees' performance appraisals. In addition, he presented 
documentation showing his solicitation of feedback for action and agenda items for various projects 
in Indonesia as an advisor on asset development and reservoir management teams. Further, he 
offered evidence reflecting his involvement with the such as recognition of 
·fantastic 4' for outstanding cross-company collaboration in addressing the ·tack of gas ' 
situation"; his poster presentation entitled, '; and his 
participation in a heat management consulting engagement. Finally , the Petitioner references a letter 
from senior reservoir and production engineer for 
America, who stated that he "interacted with [the Petitioner] involving complex subsurface 
evaluation projects that demand high technical analysis and advanced understanding of multiple 
disciplines." 
1 
See USCIS Policy Memorandum PM-602-0005.1, Evaluati on of Evidence Submitted with Certain Form 1-140 
Petitions: Revisi ons to the Adjudi cator's Field Manual (AFM) Chap ter 22.2, AFM Update AD/1-14 6 (Dec. 22, 2010). 
https://www. uscis.gov/sites/defau lt/fi les/ocomm/i I ink/0-0-0-6423 .htm I. 
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This regulatory criterion requires a petitioner to show that he has acted as the judge of the work of 
others in the same or an allied field of specialization. 2 In this case, the Petitioner has not shown that 
his participation in projects and providing and soliciting feedback in an informal capacity equates to 
participation as a judge of the work of others in the field. The phrase "a judge" implies a formal 
designation in a judging capacity, either on a panel or individually, as specified by the regulatory 
criterion. The Petitioner's evidence, however, does not establish that he was designated as a judge in 
a formal capacity of the work of others consistent with this regulatory criterion. Accordingly , the 
Petitioner has not demonstrated that he meets this criterion. 
Evidence of the alien ·s original scient(fic. scholarly, artzsttc, athletic, or business-related 
contributions ofmajor significance in the.field. 8 C.F.R. § 204.5(h)(3)(v). 
In order to satisfy the regulation at 8 C.F.R. § 204.5(h)(3 )(v), a petitioner must establish not only that 
he has made original contributions but that they have been of major significance in the field. For 
instance , a petitioner may show that his contributions 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 his overall field. The Petitioner argues that he invented back spin technology for 
progressive cavity pumps (PCP) that has been adopted and used worldwide in operations 
and by competitors. In addition, he contends that his work with surface steam distribution for 
thermally enhanced recovery projects has been applied to heavy oil fields. 
Regarding PCP, the Petitioner mentions a letter from sales and operations manager for 
in Columbia , who stated that "[the Petitioner] developed a methodology for 
PCP applications to significantly reduce production loss during power failures." Although 
indicated 
that this process "was emulated by companies utilizing PCPs worldwide," he did 
not identify which companies have used the methodology and where this process has been 
implemented. Because the letter lacks specific information, it is not sufficient to establish that the 
Petitioner's PCP methodology is considered an original contribution of major significance to the 
overall field. 3 
As it relates to surface steam, the Petitioner references a letter from . reliability lead for 
who explained that the Petitioner installed steam injection heat measurement technology 
(continuous Q-tests) on each injection well in the entire steamflood, " which had never been done 
before within " Further, stated that "Q-testing has been in use in 
steamfloods for over 25 years" and "[t]his is allowing us to economically right-size the frequency of 
Q-testing at other steamfloods , in California , Indonesia , and around the world." While 
indicated that the Petitioner developed the idea of injecting heat measurement into each well 
in the entire steamflood, he did not demonstrate that the concept of Q-testing is an original 
2 See USCIS Policy Memorandum PM-602-0005.1, supra, at 8. 
3 
See USCIS Polic y Memorandum PM-602-0005.1, supra, at 9; see also Visinscaia, 4 F . Supp. 3d at 134-35 (upholding a 
finding that a ballroom dancer had not met this criterion because she did not corroborate her impact in the field as a 
whole). 
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contribution of the Petitioner, as utilized the technology long before his employment. 
Moreover, discussed the impact of the Petitioner's method to steamfloods 
rather than to the greater field. did not show, for example, that the Petitioner's method 
has been extensively implemented outside of 
The letters considered above primarily contain attestations of the Petitioner's status in the field 
without providing specific examples of how he made original contributions that rise to a level 
consistent with major significance. Letters that repeat the regulatory language but do not explain 
how an individual 's contributions have already influenced the field are insufficient to establish 
original contributions of major significance in the field. Kazarian, 580 F.3d at 1036, aff'd in part 
596 F.3d at 1115, 1122. Moreover, USCIS need not accept primarily conclusory statements. 1756. 
Inc. v. The US Att 'y Gen. , 745 F. Supp. 9, 15 (D.C. Dist. 1990). For these reasons , the Petitioner 
did not demonstrate that he meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishm ents that have a distinguished reputation. 8 C.F.R . § 204.5(h)(3)(viii). 
The Director determined that the Petitioner satisfied this criterion. As discussed in this decision , the 
Petitioner documented his service in HOSFSP within and the record demonstrates that he 
has otherwise contributed to the successes of the company. Accordingly, we agree with the 
Director's findings , and the Petitioner established that he performed in a critical role. 
Evidence that the alien has commanded a high salary or other sign(ficantly high remuneration 
for services , in relation to others in the .field. 8 C.F.R. § 204.5(h)(3)(ix). 
The Director found that the Petitioner met this criterion . The record contains evidence showing that 
his salary is approximately twice as much as the wages of others in his field earning at the high end 
of the spectrum. Therefore, we concur with the Director's determination, and the Petitioner 
demonstrated that he satisfies 
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 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 level of expertise required for the classification sought. For the 
foregoing reasons, the Petitioner has not shown that he qualities for classification as an individual of 
extraordinary ability. 
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Matter of D-M-0-
ORDER: The appeal is dismissed. 
Cite as Matter of D-M-0-, ID# l 066496 (AAO Mar. 29, 2018)