dismissed EB-1A Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 16, 2024 In Re: 34286595 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner seeks classification as an alien of extraordinary ability. See Immigration and Nationality 
Act (the Act) section 203(b)(l)(A), 8 U.S.C. § l 153(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 Nebraska Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers 
(petition), concluding the record did not establish that the Petitioner had a major, internationally 
recognized award, nor did she demonstrate that she met at least three of the ten regulatory criteria. 
Specifically, the Director denied the petition because the Petitioner did not identify what regulatory 
criteria she met or how any of her evidence should be applied to those requirements . The matter is 
now before us on appeal. The Petitioner bears the burden of proof to demonstrate eligibility to U.S. 
Citizenship and Immigration Services (USCIS) by a preponderance of the evidence. Section 291 of 
the Act; Matter of Chawathe, 25 I&N Dec. 369,375 (AAO 2010). We review the questions in this 
matter de novo. Matter of Christo 's Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo 
review, we will dismiss the appeal. 
I. LAW 
To qualify under this immigrant classification, the statute requires the filing party demonstrate: 
• The foreign national enjoys extraordinary ability in the sciences, arts, education, business, or 
athletics; 
• They seek to enter the country to continue working in the area of extraordinary ability; and 
• The foreign national's entry into the United States will substantially benefit the country in the 
future. 
Section 203(b)(1 )(A)(i)- (iii) of the Act. 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-step analysis. In the first 
step, 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 following criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x): 
(i) Documentation of the alien's receipt oflesser 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 which 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 specialization 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. 
Where a petitioner meets these initial evidence requirements, we then move to the second step to 
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, 
1121 (9th Cir. 2010) (discussing a two-step review where the documentation is first counted and then, 
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if fulfilling the required number of criteria, considered in the context of a final merits determination); 
see also Amin v. Mayorkas, 24 F.4th 383, 394 (5th Cir. 2022). 
TI. ANALYSIS 
The Petitioner failed to specifically identify the criteria in the regulation at 8 C.F.R. § 204.5(h)(3) 
under which she wished USCIS to consider each form of evidence. If it is the Petitioner's contention 
that she meets a particular criterion, it remains her responsibility to specifically identify under which 
criterion USCIS should consider the evidence. She did not provided such a statement or argument in 
the initial filing, in her response to the Director's request for evidence, nor now on appeal. The burden 
is on the Petitioner to establish eligibility. It is not USCIS 's responsibility to infer or second-guess 
the intended criteria. Had USCIS attempted to apply the evidence in a manner the Petitioner did not 
intend, and subsequently found her ineligible, that would serve as one possible basis for an appeal. 
We offer additional information the Petitioner can apply to a future petition if she decides to refile 
seeking this same immigrant classification. This classification first requires a foreign national to 
explain which of the regulatory criteria they claim to meet listed above in Section I (8 C.F.R. 
§ 204.5(h)(3)(i)-(x)). In addition to that explanation, the filing party must inform the Director of how 
they should relate each of the submitted documents to each of the criteria he or she attempts to satisfy. 
If this process remains unclear to the Petitioner, she may wish to visit the USCIS website that offers 
some basic information about filing for this immigrant petition. For instance, the two following 
websites offer some additional insight: 
• Checklist ofRequired Initial Evidence for Form 1-140 (for informational purposes only), U.S. 
Citizenship and Immigration Services (Aug. 19, 2024), https://www.uscis.gov/forms/filing­
guidance/ checklist-of-required-initial-evidence- for-form-i-140-for-informational-purposes­
only. 
• Under the Submitting Evidence section, Petition Filing and Processing Procedures for Form 
1-140, Immigrant Petition for Alien Workers, U.S. Citizenship and Immigration Services (July 
9, 2024), https://www.uscis.gov/forms/all-forms/petition-filing-and-processing-procedures­
for-form-i-140-immigrant-petition-for-alien-workers. 
As a result, the Petitioner has not demonstrated her eligibility as an individual of extraordinary ability. 
ORDER: The appeal is dismissed. 
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