remanded EB-1A Case: Cardiovascular Biology

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 3, 2024 In Re: 29123989 
Appeal of Texas Service Center Decision 
Form I-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a cardiovascular biologist, seeks classification as an individual of extraordinary ability. 
See Immigration 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 Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner qualifies for a national interest waiver of the job offer requirement at 
section 203(b )(2)(B)(i) of the Act. 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 nova. Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, 
we will withdraw the Director's decision and remand the matter for entry of a new decision consistent 
with the following analysis. 
In denying the petition, the Director stated that the Petitioner seeks classification under section 
203(b )(2) of the Act, which relates to individuals of exceptional ability in the arts, the sciences, or 
business, and to members of the professions holding an advanced degree. The national interest waiver 
of the job offer requirement applies only to that classification. 
But the record shows that the Petitioner does not seek classification under section 203(b )(2) of the 
Act. Rather, the petition form and accompanying documents show that the Petitioner seeks a different 
classification, as an individual of extraordinary ability under section 203(b )( 1 )(A) of the Act. This 
classification involves different requirements with different eligibility criteria, outlined in the 
regulations at 8 C.F.R. § 204.5(h). The classification does not include a job offer requirement, and 
therefore there is no need to establish eligibility for a national interest waiver of that requirement. 
We agree with the Petitioner's argument on appeal, previously asserted in response to a request for 
evidence, that the Director adjudicated the petition under a different immigrant classification than the 
one the Petitioner seeks in this proceeding. 1 We will therefore withdraw the Director's decision and 
remand the matter so that the Director can render an initial decision under the correct classification­
extraordinary ability, under section 203(b )( l )(A) of the Act-and the applicable regulatory 
requirements at 8 C.F.R. § 204.S(h). 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
1 While the denial notice quotes a letter in the record regarding the Petitioner's work in cardiovascular biology, the notice 
also erroneously refers to the Petitioner as "an Entrepreneur ... in the Business Administration field." This reference 
raises the question of whether the Petitioner based the decision at least in part on a different record of proceeding relating 
to a different petitioner. 
2