sustained EB-1A Case: Mathematics

u.S. Department of Homeland Securit?r 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
Prevent clearly unwmd 
invasion ofpns~nat privuj 
 U. and S. Citizenship Immigration 
PUBLIC COPY 
- 
Office: NEBRASKA SERVICE CENTER 
 Date: MAR 0 4 2005 
EAC 06 012 52329 
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: 
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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). 
U 
whn F. Grissom, Acting 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 (AAO) 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 the sciences. 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, the petitioner argues that he meets at least three of the regulatory criteria at 8 C.F.R. 
9 204.5(h)(3). 
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 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. § 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. 9 204.5(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 September 30, 2005, seeks to classify the petitioner as an alien with 
extraordinary ability in the field of mathematics. More specifically, the petitioner's work focuses on 
complex analysis and Operator Theory. At the time of filing, the petitioner was working as an 
Assistant Professor in the Department of Mathematics at the State University of New York. 
The regulation at 8 C.F.R. 8 204.5(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. 8 204.5(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. 
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 alliedjeld of speciJication for which classlJication is 
sought. 
The petitioner submitted evidence showing that he reviewed multiple papers submitted for 
publication in Mathematical Reviews, International Journal of Mathematics and Mathematical 
Sciences, Complex Variables Theory and Applications, Journal of Mathematic Analysis and 
Applications, Glasgow Mathematical Journal, and Science in China. In light of his review of 
numerous research papers submitted for publication in several journals, the petitioner has established 
that he meets this criterion. 
Evidence of the alien's original scientiJic, scholarly, artistic, athletic, or business- 
related contributions of major significance in thejeld. 
The petitioner submitted several letters of support discussing his mathematical contributions. We 
cite representative examples here. 
[The petitioner] mastered superior skills in analysis, which led him to his creation of Qp 
spaces. These spaces generalize such classical function spaces as Bloch space and the space 
of analytic functions of bounded mean oscillation (BMOA). Since the Qp spaces were first 
named by [the petitioner] and his colleagues, there have been more than 80 academic 
publications dealing with these spaces, making this an important new growth area in classical 
mathematics. 
Greece, states: 
[The petitioner's] research has influenced to a large exten[t] the direction of research in 
Function Spaces in the last ten years. In his 1995 ground breaking paper . . . he and his 
collaborators have discovered a chain of new and unexpected spaces of analytical functions. 
Immediately after this publication there was an explosion of research into this new class of 
spaces fiom leading mathematicians fiom all over the world . . . . 
Professor of Mathematics, University of Michigan, states: 
[The petitioner's] distinguished contributions to the field of complex analysis and operator 
theory include, for example, introducing and developing properties of new spaces of analytic 
functions such as Qp spaces and the more general spaces F(p,q,s), introducing the concept of 
logarithmic Carleson measures, characterizing components of the space of composition 
operators on the space of bounded analytic functions of bounded mean oscillation, and 
characterizing bounded and compact weighted composition operators on the Bloch space and 
weighted Bergen spaces. All of these works are original and highly creative, and have 
attracted numerous followers. To make so many important contributions requires a broad 
view of mathematics as well as extraordinary skill in finding and solving problems. Clear 
evidence of the impact and influence of [the petitioner's] work is the extremely high citation 
rate for his research papers. So far his 42 research papers have been cited almost 300 times. 
In support of the preceding experts' statements, the petitioner submitted documentation showing 
scores of independent cites to his published findings. These citations are solid evidence that other 
mathematical researchers have been influenced by the petitioner's work and are familiar with it. 
This large number of citations corroborates the experts' statements that the petitioner has made 
original contributions of major significance in his field. The record reflects that the petitioner's 
mathematical contributions are important not only to the institutions where he has worked, but 
throughout the greater field as well. Leading experts from around the world have acknowledged the 
value of the petitioner's work and its major significance to his field. 
In light of the above, the petitioner has established that he meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the jield, in professional or 
major trade publications or other major media. 
The petitioner submitted evidence of his authorship of numerous articles in publications such as 
Transactions of the American Mathematical Society, Journal of Mathematical Analysis and 
Applications, Acta Mathernatica Scientia, Journal of Mathematical Analysis and Applications, 
Pacz$c Journal of Mathematics, Canadian Journal of Mathematics, and Bulletin of the Australian 
Mathematical Society. The petitioner also submitted evidence of scores of articles that cite to his 
work. These numerous citations demonstrate the significance of the petitioner's articles to his field. 
As such, we concur with the director's finding that the petitioner meets this regulatory criterion. 
In this case, the petitioner has satisfied three of the regulatory criteria required for classification as 
an alien of extraordinary ability. Pursuant to the statute and regulations, the petitioner qualifies for 
classification sought. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary 
ability. The petitioner has also established that he seeks to continue working in the same field in the 
Page 5 
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. 5 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.