sustained EB-1A Case: Business Communication

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
2 
RASKA SERVICE CENTER Date: JUN 14 2007 
LIN 05 235 54083 
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. 5 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
I& 9,4 ai~ lk.. 
obert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A), as an alien of extraordinary ability. The 
director determined the petitioner had not established the sustained national or international acclaim necessary to 
qualify for classification as an alien of extraordinary ability. 
On appeal, counsel argues that the petitioner has satisfied at least three of the regulatory criteria at 8 C.F.R. 
3 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(I) 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 to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 
5 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or international acclaim and recognition in his or her field of expertise are set forth in the regulation 
at 8 C.F.R. 5 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that she has sustained national or international acclaim at the very top level. 
This petition, filed on August 8, 2005, seeks to classify the petitioner as an alien with extraordinary ability as 
a business communication consultant. 
The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which 
must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. We find that the petitioner's evidence satisfies the following three criteria. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for which class$cation is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet this criterion, it must be primarily about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualify 
as major media, the publication should have significant national or international distnbution. An alien would not 
earn acclaim at the national or international level fkom a local publication. 
The petitioner submitted articles about her appearing in professional publications such as nd 
. 
 The record includes supporting documentation showing that these 
publications have significant national distribution. Therefore, we find that the petitioner's evidence satisfies 
this criterion. 
Evidence of the alien's authorship of scholarly articles in the$eld, in professional or major trade 
publications or other major media. 
The netitioner submitted evidence of her authorshit, of scholarlv articles a~oearine in ~rofessional 
I I J I I U 
~ublications such as the 
and 
Therefire: we finnd that the petitioner's evidenie satiifies this criterion. 
tl, and m. 
Evidence that the alien has pe$ormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The record adequately establishes that the Macquarie Graduate School of Management (MGSM) in Australia is 
an establishment with a distinguished reputation. For example, the record includes evidence reflecting that the 
Economist Intelligence Unit ranked MGSM as the top business school in Australia and Asia in 2003. The record 
further reflects that the petitioner performed in a leading or critical role as Director of MGSM's full-time 
Executive MBA Program where she was responsible for the "launch and design of the degree's structure and the 
marketing of the degree nationally and internationally." 
 Interim Dean, MGSM, 
states: "[The petitioner] has been a leader and pioneer in the Graduate School of Management particularly over 
the last ten years." 
In light of the above, we find that the petitioner meets this third criterion. 
Accordingly, the petitioner has satisfied three of the regulatory criteria required for classification as an alien 
of extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, the petitioner 
qualifies for the classification sought. 
Beyond the evidence discussed above, the petitioner is a founder of the Coach House and the Spillane 
to a joint session of the U.S. House of Representatives and Senate in March 2007. We note this more recent 
evidence despite the fact that it cannot be considered pursuant to Matter of Katigbak, 14 I&N Dec. 45 
(Comm. 1971), in which Citizenship and Immigration Services (legacy INS) held that a petitioner must 
establish eligibility at the time of filing. Nevertheless, the petitioner's public communications work for the 
world leaders identified above and Fortune 500 companies (such as Hewlett Packard and Amgen) indicates 
that she has sustained national and international acclaim in her field and is consistent with our finding of 
eligibility. 
In review, while not all of the evidence presented in this matter carries the weight imputed to it by counsel, 
the totality of the evidence establishes an overall pattern of sustained national and international acclaim and 
extraordinary ability in the field of public communications. The petitioner has also established that she seeks 
to continue working in the same field in the United States and that her entry into the United States will 
substantially benefit prospectively the United States. Therefore, the petitioner has overcome the stated 
grounds for denial and thereby established eligibility for the benefits sought under section 203 of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 1361. The petitioner has sustained that burden. Accordingly, the decision of the director denying 
the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.