remanded EB-1A Case: Academia

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 21, 2024 In Re: 31674146 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner seeks classification as an individual of extraordinary ability. See hnmigration 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 Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Petitioner met the initial evidence requirements for the classification by establishing 
the Petitioner's receipt of a major, internationally recognized award, or by meeting at least three of the 
ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3). The matter is now before us on appeal. 8 C.F.R. § 
103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&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 withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
I. LAW 
An individual is eligible for the extraordinary ability classification if they have extraordinary ability 
in the sciences, arts, education, business, or athletics which has been demonstrated by sustained 
national or international acclaim and their achievements have been recognized in the field through 
extensive documentation; they seek to enter the United States to continue work in the area of 
extraordinary ability; and their entry into the United States will substantially benefit prospectively the 
United States. Section 203(b )( 1 )(A) 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-part analysis. First, a petitioner may demonstrate 
international recognition of their achievements in the field through a one-time achievement (that is, a 
major, internationally recognized award). Absent such an achievement, a petitioner must provide 
sufficient qualifying documentation demonstrating that they meet at least three of the ten criteria listed 
at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
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). 6 USCIS Policy Manual F.2, https://www.uscis.gov/policy-manual/volume-6-
part-f-chapter-2. 
II. ANALYSIS 
Because the Petitioner has not indicated or shown that she received a major, internationally recognized 
award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)­
(x). The Director determined that the Petitioner met two of the regulatory criteria by providing 
sufficient evidence of her authorship of scholarly articles in the field in a professional or trade 
publication or major media and display of her work. See 8 C.F.R. § 204.5(h)(3)(vi) and (vii). On 
appeal, the Petitioner asserts that she also meets five other criteria, including the receipt of lesser 
nationally or internationally recognized prizes or awards for excellence in the field of endeavor 
criterion at 8 C.F.R. § 204.5(h)(3)(i). She asserts that the Director erred in determining that she did 
not meet the plain language of these five criteria. 
As more fully discussed below, we conclude that the Petitioner has met the criterion at 8 C.F.R. § 
204.5(h)(3)(i). Because the Petitioner has shown that she satisfies at least three criteria, we will 
remand the matter to the Director to evaluate the totality of the evidence in the context of a final merits 
determination to determine whether the Petitioner has demonstrated her sustained national or 
international acclaim, her status as one of the small percentage at the very top of her field of endeavor, 
and that her achievements have been recognized in the field through extensive documentation. 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. 
§ 204.5(h)(3)(i) 
In order to satisfy this criterion, the Petitioner must demonstrate that she has received lesser nationally 
or internationally recognized prizes or awards for excellence in the field of endeavor. 1 Relevant 
considerations regarding whether the basis for granting the prizes or awards was for excellence in the 
field include, but are not limited to: the criteria used to grant the awards or prizes, the national or 
1 See USCIS Policy Memorandum PM 602-0005.1, Evaluation ofEvidence Submitted with Certain Form 1-140 Petitions; 
Revisions to the Adjudicator's Field Manual (AFM) Chapter 22.2, AFM Update ADJ 1-14 6 (Dec. 22, 2010), 
https://www.uscis.gov/policymanual/HTML/PolicyManual.html. 
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international significance of the awards or prizes in the field, and the number of awardees or prize 
recipients as well as any limitations on competitors. 2 
Regarding some of the awards the Petitioner received as a student, the Director determined that these 
were limited to other students and counted them out of the running as sufficient evidence. The USCIS 
Policy Manual recognizes it is possible for some scholastic awards to qualify under the awards 
criterion provided they are not limited to persons within a single locality, employer, or school but "an 
award open to members of a well-known national institution (including an RI or R2 doctoral 
university) or professional organization may be nationally recognized." See generally 6 USCIS Policy 
Manual F.2(B)(l), https://www.uscis.gov/policymanual. The relevant factor is whether the filing 
party shows the award is recognized in the field at a national or an international level. Id. 
On appeal, the Petitioner documented her receipt of various awards and submitted supporting 
documentation for the awards. While some of the awards are not eligible as they do not meet the 
plain language of this criterion, the Petitioner did provide sufficient evidence that she was the recipient 
of lesser nationally or internationally recognized prizes or awards for excellence in the field of 
endeavor. The Ministry of Education in the Russian Federation awarded the Petitioner the Russian 
National Award, in 2020 and 2021. The Petitioner submitted 
regulations outlining the selection process for this award. In addition, the Petitioner provided evidence 
that established that her school-based award is a nationally recognized award for excellence in her 
field. 
For the foregoing reasons, we agree with the Petitioner that, more likely than not, she meets the plain 
language requirements for this criterion and the Director erred in concluding otherwise. We withdraw 
this aspect of the Director's decision and remand the matter for further review and entry of a new 
decision. Because the Petitioner has established her qualifications under criteria at 8 C.F.R. § 
204.5(h)(3)(i), (vi), and (vii), on remand, the Director should conduct a final merits review of the 
evidence of record. 
As extraordinary ability is an elite level of accomplishment whose recognition necessarily entails a 
judgement call, it cannot be established through meeting at least three of the evidentiary criteria alone. 
The final merits determination is the ultimate statutory inquiry of whether the applicant has 
extraordinary ability as demonstrated by sustained national or international acclaim. Amin v. 
Mayorkas, 24 F.4th 383, at 395 (2022). The Petitioner seeks a highly restrictive visa classification, 
intended for the handful of individuals at the top of their respective fields. USCIS has long held that 
even athletes performing at the major league level do not automatically meet the "extraordinary 
ability" standard. Matter ofPrice, 20 I&N Dec. 953, 954 (Assoc. Comm'r 1994). As contemplated 
by Congress, the Petitioner must demonstrate the required sustained national or international acclaim, 
consistent with a "career of acclaimed work in the field." H.R. Rep. No. 101-723, 59 (Sept. 19, 1990); 
see also section 203(b)(l)(A) of the Act. 
The new decision should include an analysis of the totality of the evidence, evaluating whether the 
Petitioner has demonstrated, by a preponderance of the evidence, her sustained national or 
2 Id. (indicating that an award limited to competitors from a single institution, for example, may have little national or 
international significance.) 
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international acclaim, her status as one of the small percentage at the very top of her field of endeavor, 
and that her achievements have been recognized in the field through extensive documentation. See 
section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-
20. We express no opinion regarding the ultimate resolution of this case on remand. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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