sustained EB-1A Case: Business

U.S. Citizenship 
and Inunigration 
Services 
MATTER OF K-A-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 7, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an automotive company, seeks classification of the Beneficiary as an individual of 
extraordinary ability in business. 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 Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had shown that the Beneficiary met only one of the ten initial 
evidentiary criteria, of which he must meet at least three. 
On appeal, the Petitioner submits additional evidence and contends that the Beneficiary meets three 
criteria. 
Upon de nova review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants with extraordinary ability 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 m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
.
MatterofK-A-, LLC 
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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships, and published material in certain media). 
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). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
11. ANALYSIS 
The Petitioner, an automotive company, seeks classification of the Beneficiary, its chief executive 
officer, as an individual of extraordinary ability. As the Petitioner has not established that the 
Beneficiary has received a major, internationally recognized award, it must demonstrate that the 
Beneficiary satisfies at least three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
A Evidentiary Criteria 
In denying the petition, the Director found that the Beneficiary only met the leading or critical role 
criterion at 8 C.F.R. § 204.5(h)(3)(viii). On appeal, the Petitioner asserts that the Beneficiary meets 
the following criteria: awards at 8 C.F.R. § 204.5(h)(3)(i), published material at 8 C.F.R. 
§ 204.5(h)(3)(iii), contributions of major significance at 8 C.F.R. § 204.5(h)(3)(v), authorship of 
scholarly articles at 8 C.F.R. § 204.5(h)(3)(vi), and high salary at 8 C.F.R. § 204.5(h)(3)(ix). We 
agree with the Director's conclusion that the Beneficiary meets the leading or critical role criterion 
for his role as CEO and president of We also find that the evidence in the record sufficiently 
establishes that the Beneficiary meets the criteria for awards, leading or critical role, and high salary. 
The Director held that the Petitioner had not established that the Beneficiary met the awards 
criterion, noting that the evidence submitted did not show that he was the recipient of the awards 
claimed. On appeal, the Petitioner states that the evidence in the record demonstrates that the 
Beneficiary personally accepted the awards at issue and that his leadership is the reason the awards 
2 
.
MatterofK-A-, LLC 
were given. The record contains evidence that as the general manager of 
the Beneficiary received the company's award for its truck which won 
award. In addition, while serving as chief executive officer 
(CEO) and president of the he received the 
company's award for its truck which won the at the 
2017 at the the executive 
vice president of . states in his letter that "[t]he importance of [the Beneficiary's] leadership in 
earning the cannot be overstated," noting that during the time of 
his service as CEO of the company from 2015 to 2017, "he led the strategic vision, contributed novel 
automotive models, developed the necessary workflows, implemented cutting-edge technologies, 
oversaw groundbreaking research and development, and launched award-winning product lines to 
market." We find that the evidence in the record demonstrates that the Beneficiary played a vital 
role in receipt of this award to be considered a recipient of the award. In addition, the 
record contains sufficient evidence demonstrating that these awards are nationally or internationally 
recognized award for excellence in the field under 8 C.F.R. § 204.5(h)(3)(i). For example, the 
documentation submitted about the 
indicates that it is "one of the world's most influential automobile exhibitions" with a press release 
indicating that there were 9,549 reporters attending the exhibition and 660,000 estimated visitors. 
Thus, the Petitioner has established that the Beneficiary meets the requirements for the awards 
criterion. 
The Director found that the Beneficiary did not meet the high salary criterion because it had not 
shown that he commanded a high salary in relation to others in the field. On appeal, the Petitioner 
contends that the Beneficiary's salary need not be compared to other executives "at the top level of 
the field," as the Director held. We agree; the regulation requires a comparison to the field, not to 
only the highest paid chief executives. The record contains a letter from the vice president of human 
relations indicating that the Beneficiary's offer of employment indicates that his base compensation 
for 2018 is $800,000 with an initial signing bonus of $250,000. The Petitioner has submitted 
documentation from the U.S. Department of Labor, demonstrating that the Beneficiary's salary is 
high in relation to others in the field. 
Accordingly, the Petitioner has demonstrated that the Beneficiary meets three of the ten criteria 
listed at 8 C.F.R. § 204.5(h)(3). We will evaluate the totality of the documentary evidence in the 
context of the final merits determination below. 
B. Final Merits Determination 
As the Petitioner has submitted the requ1s1te initial evidence, we will evaluate whether it has 
demonstrated, by a preponderance of the evidence, that the Beneficiary has sustained national or 
international acclaim and is one of the small percentage at the very top of the field of endeavor, and 
that his 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-
3 
.
MatterofK-A-, LLC 
20. In this matter, we conclude that the Petitioner has established the Beneficiary's eligibility for 
this classification. 
The record reflects that the Beneficiary has been in the automobile manufacturing industry since 
1992 and that prior to being named the Petitioner's CEO and president, he served as the CEO and 
president of . which the record reflects is a joint venture between and 
He earned his bachelor's degree in forging, pressing technology and equipment in 1989 and 
a master's degree in pressing engineering from in 1992 
followed by another master's degree in industrial engineering in 1999 and a doctorate degree in 
management engineering from in 2003. The 
evidence submitted indicates that the Beneficiary has served in prominent leadership positions, 
including roles within as executive deputy general manager in 2003 and as vice 
president and general manager of the International Operations Business Unit in 2005. Then, from 
2009 to 2014, he served as the board director and general manager of before joining 
as CEO and president. 
The Petitioner has submitted sufficient evidence demonstrating that the Beneficiary has risen to the 
very top of his field. The record contains a letter from the executive vice chairman of 
the indicating that the Beneficiary "has 
cemented his status as one of the preeminent leaders in high-growth automotive manufacturing, sales 
and distribution." adds that "[the Beneficiary] is internationally recognized as an expert 
following his numerous successes at scaling-up businesses into thriving enterprises." He states that 
in the Beneficiary's roles at , he "successfully increased sales from 2,222 units to 
45,000 units," and he raised the company's market share from nearly zero percent to thirteen 
percent. indicates that in the Beneficiary's leadership positions at he 
"singlehandedly spearheaded the company's international strategy and built the international service 
network from scratch." 
Similarly, a member of the management board of states that the Beneficiary 
is "without a doubt, one of the leading minds in automotive manufacturing, technological 
innovation, and international distribution, and his work has resulted in major advances in the field." 
In a letter from . managing director of he states that the 
Beneficiary has an "innovative and groundbreaking approach to scaling-up struggling businesses," 
noting that he "assesses a company's existing product line, refines logistical frameworks, secures 
strategic partnerships, employs the latest automotive technologies, and launches pioneering products 
using novel distribution networks." As an example, notes that the Beneficiary turned 
from having losses equivalent to $74 million (USD) to having profits equating to $68 million 
during his tenure. The letters demonstrate that the Beneficiary has received recognition 
internationally for his business acumen within the automotive industry since 2003. 
Regarding his national or international acclaim, the record reflects that the Beneficiary has been 
invited to speak at prominent conferences in the field and that the published material in the record 
demonstrates that he is a recognized expert in the automotive industry in China and internationally. 
4 
.
MatterofK-A-, LLC 
For example, the record reflects that the Beneficiary spoke at the 2011 
and the 2012 and 2013 
indicates that the Beneficiary "is regularly invited to present his work at prestigious conferences 
[ noting the -~ where he presented expert findings related to 
hybrid-electric vehicle strategies and technology development." 1 then adds, "[the 
Beneficiary's] expertise in this regard [is] in high demand, as the effective integration of electric and 
hybrid vehicle technologies to future automotive product lines is a topic of major concern to auto 
manufacturers worldwide." Similarly, the record demonstrates that the Beneficiary has published 
scholarly articles related to manufacturing and assembly line processing. He has also been 
interviewed by trade journals, such as China Automotive News, regarding his views on industrial 
trends in the automotive industry. As such, the record demonstrates that the Beneficiary has 
received recognition and acclaim for his expertise in the field. 
Pertaining to additional evidence of his acclaim, states, "As a result of his elite-level 
automotive company leadership, [the Beneficiary's] innovative product lines have been recognized 
with a host of prestigious awards, such as the 2017 award for the 
awarded at the and the 2013 and 
2011 r Awards for the models, 
awarded by the -=-= =-= An article published in 
Autocar Professional regarding the 2017 quotes the Beneficiary as 
stating, "The embodies advanced technologies and our strong 
commitment to providing trucks adapted to the specific requirements of Chinese customers." He 
adds, "This award highlights the success of our cooperation between and 
The record reflects that Autocar Professional is a prominent professional magazine 
published in India, and this article is another indication of the Beneficiary's international acclaim. 
The record also contains an article published in the China Automotive News discussing 
truck that won the award in 2013 while the Beneficiary served as the 
general manager. ---=== general manager of 
in North Carolina, states that these awards represent 
major honors in the Chinese automotive industry, which he notes "is the largest automotive industry 
in the world." the general manager of states that the Beneficiary was 
"instrumental" in trucks receiving these awards, noting his "outstanding leadership" and 
that the awards "would not have been possible without his wisdom, guidance and expertise." 
then states, "[t]he Award is one of the top national honors in the Chinese 
automotive industry, presented by China Automotive News, one of the country's most important 
automotive news agencies." These awards provide a further basis for finding that the Beneficiary is 
one of the small percentage at the very top of the field of endeavor. 
The record contains additional published material about the Beneficiary , such as an article entitled 
"~--------------- " published in 2011, in which he is interviewed 
1 The record reflects that is a joint venture between and 
5 
.
MatterofK-A-, LLC 
regarding his insights on energy saving and new energy vehicles in the automotive industry as well 
as the strategic plan for as its general manager. An article entitled, " 
," discusses the Beneficiary's 
change in employment and recounts his successes. It notes, "[h]e was independently responsible for 
the construction of Guangxi' s largest forging enterprise ... as well as the establishment of 
comprehensive marketing system, which propelled 
annual auto sales from 6,000 in 1997 to nearly 30,000 units." When viewed together 
with the other publications in the record, this evidence demonstrates that the Beneficiary has enjoyed 
sustained national and international acclaim in the field. 
In the totality of the evidence, we conclude that the record sufficiently establishes that the 
Beneficiary has sustained national or international acclaim and is among the small percentage at the 
very top of his field. See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2). 
III. CONCLUSION 
The Petitioner has shown that the Beneficiary meets at least three of the evidentiary criteria listed at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The record also reflects that the Beneficiary has sustained national and 
international acclaim and that his achievements have been recognized through extensive 
documentation. He therefore qualifies for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
Cite as Matter of K-A-, LLC, ID# 2091340 (AAO Mar. 7, 2019)