sustained EB-1A Case: Education

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: Office: TEXAS SERVICE CENTER Date: MAR 1 0 2008 
SRC 06 216 51144 
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 1153(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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 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 in 
education. 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 meets at least three of the regulatory criteria at 8 C.F.R. 
fj 204.5(h)(3) and that the director failed to "fairly evaluate the record in its entirety." 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority 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 ths 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. 
Citizenship and Immigration Services (CIS) 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 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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 he has sustained national or international acclaim at the very top level. 
This petition, filed on July 10, 2006, seeks to classify the petitioner as an alien with extraordinary ability as an 
educator, lawyer, and notary. The petitioner is presently the principal manager and assessor of the University 
Republic Corporation, a university he founded in Bogota, Colombia in 1980. The petitioner also serves as the 
president of the Colombian Academy of Notary Law, another institution he founded in 1986. 
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, internationally recognized 
award). Barring the alien's receipt of a major internationally recognized award, the regulation at 8 C.F.R. 
5 204.5(h)(3) 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 meets at least three of the regulatory criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in theJield of endeavor. 
The petitioner submitted evidence showing, inter alia, that he received first prize in the VIII National Contest 
of Notary and Registry and was honored by the House of Representatives of Colombia with the Order of 
Simon Bolivar Democracy. The record includes adequate information to demonstrate the significance of 
these awards. The director failed to address this evidence, which meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
 , 
publications or other major media. 
The petitioner submitted evidence of his authorship of publications such as The Will and The Influence of 
Public Law on Contractual Law. The petitioner also submitted evidence that his authorship has attracted the 
attention of others in his field. For example, the latter publication earned recognition from the Office of the 
Superintendent of Notary and Registration, the Notaries Association of Colombia, and the Registrars 
Association of Colombia. The director did not fully assess this evidence based on which we find that the 
petitioner meets this criterion. 
Evidence that the alien has perjiormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
As stated previously, the petitioner is the principal manager, assessor, and founder of the University Republic 
Corporation. The petitioner also served as the president of the Notaries Association of Colombia. The record 
includes published material, letters of support, and other evidence showing that these establishments have a 
distinguished reputation. The director did not discuss this evidence, which is sufficient to meet this criterion. 
In conclusion, the petitioner has satisfied three of the regulatory criteria required for classification as an alien 
of extraordinary ability. Moreover, the evidence, considered in the aggregate, contains sufficient 
documentation of the petitioner's sustained national acclaim at the very top of his field. Pursuant to the 
statute and regulations, the petitioner qualifies for the classification sought. 
In this case, the totality of the evidence establishes an overall pattern of sustained national and international 
acclaim and extraordinary ability. The petitioner has also established that he seeks to continue working in the 
same field in the United States and that his 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 immigrant classification under section 203(b)(l)(A) 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. $ 136 1. 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.