sustained EB-1A Case: Medicine

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Office: VERMONT SERVICE CENTER Date: JUN 2 $ 2001 
EAC 05 216 53625 
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. 9 11 53(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. 
-A ne~~h~94 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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 1 1 5 3(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, the petitioner argues that his evidence satisfies at least three of the regulatory criteria at 8 C.F.R. 
5 204.5(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 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. 
§ 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. $ 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 28, 2005, seeks to classify the petitioner as an alien with extraordinary ability as a 
physician and healthcare manager. 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. 
Page 3 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted evidence showing that he received a Distinguished Community Service Award from 
the International Federation of Gynecology and Obstetrics, a Champion of Safe Motherhood Award from the 
White Ribbon Alliance for Safe Motherhood, and a Royal Decoration of Suprabal Gorkha Dakshin Bahu from 
the King of Nepal. The petitioner also submitted supporting documentation demonstrating the national and 
international significance of these awards. Therefore, we find that the petitioner's evidence satisfies this 
criterion. 
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 classzjkation is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner submitted articles about him appearing in publications such as Kantipur Daily and Himal. The 
record includes supporting documentation showing that these publications qualify as major media. Therefore, 
we find that the petitioner's evidence satisfies this criterion. 
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 Nepal Medical Association is an establishment with a distinguished 
national reputation. The record fiu-ther reflects that the petitioner performed in a leading or critical role as its 
Senior Vice President. 
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. 
In this case, the totality of the evidence establishes an overall pattern of sustained national acclaim and 
extraordinary ability in the medical field. 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 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. 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.