sustained EB-1A Case: Bioinorganic Chemistry

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUN 1 0 2014 Office: TEXAS SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary : 
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. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
))YJU!JntL 
j' Ron Rosenberg 
\ Chief, Administrative Appeals Office 
www.uscis.gov 
····· ···- -·- ------- - - -
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DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will be 
sustained. 
The petitioner seeks classification as an employment -based immigrant pursuant to section 
203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(A), as an alien 
of extraordinary ability in the sciences. The director determined that the petitioner had not met the 
requisite criteria for classification as an alien extraordinary ability. 
On appeal, the petitioner submits a brief and additional evidence. The petitioner asserts that he meets 
the categories of evidence at 8 C.P.R. § 204.5(h)(3)(iv), (v), and (vi). For the reasons discussed 
below, we find that the petitioner meets the statutory and regulatory requirements for classification as 
an alien of extraordinary ability. 
I. Law 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority 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 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 in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
U.S. Citizenship and Immigration Services (USCIS) and 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 H.R. 723 101
51 
Cong., 2d Sess. 59 
(1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. 
ld. and 8 C.P.R. § 204.5(h)(2). 
The regulation at 8 C.P.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim 
and the recognition of his or her achievements in the field. Such acclaim and achievements must be 
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established either through evidence of a one-time achievement (that is, a major, international recognized 
award) or through meeting at least three of the following ten categories of evidence: 
(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 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. 
In 2010, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) reviewed the denial of a petition 
filed under this classification. Kazarian v. USCIS, 580 F.3d 1030 (91h Cir. 2009) aff'd in part 596 F.3d 
1115 (9th Cir. 2010). Although the court upheld the our decision to deny the petition, the court took 
issue with the our evaluation of evidence submitted to meet a given evidentiary criterion.1 With respect 
1 
Specifically , the court stated that we had unilaterally imposed novel substantive or evidentiary requirements beyond 
those set forth in the regulations at 8 C.F.R. § 204.5(h)(3)(iv) and 8 C.F.R. § 204.5(h)(3)(vi). 
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to the criteria at 8 C.P.R. § 204.5(h)(3)(iv) and (vi), the court concluded that while USCIS may have 
raised legitimate concerns about the significance of the evidence submitted to meet those two criteria, 
those concerns should have been raised in a subsequent "final merits determination." /d. at 1121-22. 
The court stated that our evaluation rested on an improper understanding of the regulations. Instead of 
parsing the significance of evidence as part of the initial inquiry, the court stated that "the proper 
procedure is to count the types of evidence provided (which we did)," and if the petitioner failed to 
submit sufficient evidence, "the proper conclusion is that the applicant has failed to satisfy the 
regulatory requirement of three types of evidence (as the we concluded)." /d. at 1122 (citing to 8 C.P.R. 
§ 204.5(h)(3)). The court also explained the "final merits determination" as the corollary to this 
procedure: 
If a petitioner has submitted the requisite evidence, USCIS determines whether the 
evidence demonstrates both a "level of expertise indicating that the individual is one of 
that small percentage who have risen to the very top of the[ir] field of endeavor," 
8 
C.P.R. § 204.5(h)(2), and "that the alien has sustained national or international acclaim 
and that his or her achievements have been recognized in the field of expertise." 
8 C.F.R. § 204.5(h)(3). Only aliens whose achievements have garnered "sustained 
national or international acclaim" are eligible for an "extraordinary ability" visa. 
8 U.S.C. § 1153(b)(1)(A)(i). 
/d. at 1119-20. 
Thus, Kazarian sets forth a two-part approach where the evidence is first counted and then considered 
in the context of a final merits determination. 
II. Analysis 
A. Evidentiary Criteria 
This petition, filed on April 1, 2013, seeks to classify the petitioner as an alien with extraordinary 
ability as a research scientist specializing in bioinorganic chemistry. We affirm the director's 
determination that the petitioner's evidence meets the categories of evidence at 8 C.P.R. 
§ 204.5(h)(3)(iv) and (vi). Upon review of the petitioner's appeal and the documentation of record, 
we find that the petitioner's evidence meets the additional category of evidence at 8 C.P.R. 
§ 204.5(h)(3)(v). Accordingly, the petitioner meets at least three of the ten categories of evidence 
that must be satisfied to establish the minimum eligibility requirements necessary to qualify as an 
alien of extraordinary ability. 8 C.P.R. § 204.5(h)(3). 
B. Final Merits Determination 
We will next conduct a final merits determination that considers all of the evidence in the context of 
whether or not the petitioner has demonstrated: (1) a "level of expertise indicating that the individual is 
one of that small percentage who have risen to the very top of the[ir] field of endeavor," 8 C.P.R. 
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§ 204.5(h)(2); and (2) "that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Section 203(b)(l)(A) of the Act; 8 C.F.R. 
§ 204.5(h)(3). See also Kazarian, 596 F.3d at 1119-20. 
In the present matter, the petitioner has submitted extensive documentation of his achievements and 
has demonstrated a "career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. 
No. 101-723, 59 (Sept. 19, 1990). The submitted evidence is sufficient to demonstrate the petitioner's 
sustained national and international acclaim and that his achievements have been recognized in the 
field of expertise. In addition, the submitted documentation shows that the petitioner is among that 
small percentage who have risen to the very top of the field of endeavor. 
Ill. Conclusion 
In review, the petitioner has submitted evidence qualifying under at least three of the ten categories 
of evidence and established a "level of expertise indicating that the individual is one of that small 
percentage who have risen to the very top of the[ir] field of endeavor" and "sustained national or 
international acclaim." His achievements have been recognized in his field of expertise. The 
petitioner has established that he seeks to continue working in the same field in the United States. 
The petitioner has established that his entry into the United States will substantially benefit 
prospectively the United States. Therefore, the petitioner has established eligibility for the benefit 
sought under section 203 of the Act. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained and the petition is approved.