sustained EB-1A Case: Neurological Diseases

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY25,2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a researcher in the field of neurological diseases, seeks classification as an individual 
of extraordinary ability in the sciences. See Immigration and Nationality Act (the Act) section 
203(b )(!)(A), 8 U.S.C § 1153(b)( I )(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 tield through extensive 
documentation. 
The Director of the Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had satislied only two of the initial evidentiary criteria, of 
which she must meet at least three. 
On appeal, the Petitioner submits documentation and a brief' stating that she meets at least three 
criteria. She further maintains that she has shown extraordinary ability in the tield. 
Upon de novo review, we will sustain the appeaL 
L LAW 
Section 203(b) of the Act states in pertinent part: 
(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, 
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Matter of P-L-
(ii) the alien seeks to e nter the United States to continue work in the area of 
extraordin ary abili ty, and 
(iii) t he alien 's entry into the United States will substantia lly benefit 
prospe ctivel y the United States. 
The term "extraordinary abilit y" refe rs 
only to those individua ls in " that small percentag e who have 
risen to the very top ofthe field of endeavo r." 8 C.F.R. § 204 .5(h)( 2). The imp lementin g regulation 
at 8 C .F.R. § 2 04.5(h)(3) sets for th a m ulti-part analysis. First, a pet itioner can d emon strate 
sus tained acclaim and the recogn itio n of his or her a chievem ents in the field throug h a one-tim e 
ach ieve ment (that is a majo r, internatio nally recog nized award). If that petit ioner does not su bmit 
this evidence, then h e o r she must prov ide doc umentation tha t meets at l eas t three of the categ ories 
listed at 8 C.F.R. § 204. 5(h)(3)(i) -(x) (including items suc h as awards, publis hed material in certain 
media, and scholarl y articl es) . 
Satisfac tion of at Jeast three c riteria, howeve r, does not, in and of itself, establish eligibil.ity for thi s 
class ification. See Kazarian v. USCJS, 596 F.3 d 1115 (9th Cir. 201 0) (discussing a two-part review 
w here the documentation is first counted and then, if it fulfills the required num ber of criteria, is 
considered in the context of a final merits dete rmination); see also Visinscaia v. Beers, 4 F . Supp. 3d 
126, 13 1-32 (D.D .C. 20 13); Rijal v. USCJS, 772 F. Supp. 2d 1 339 (W.O. Wash. 20 11), qff'd, 683 
F.3d 1030 (9th Cir. 201 2); lvfatter ~(Chcrwa th e, 25 I&N Dec . 369 . 376 (AAO 201 0) (holding that the 
"truth is to be determin ed n ot by the quantity of eviden ce alone but by its quality" and that U.S. 
Citizensh ip and I mmi gration Se rvices (USCTS) exam ines "each piece of ev idence for releva nce, 
pro bative value, a nd credibility, both individua lly and with in the context of the totality of the 
evidence, to determi ne whether the fact to be proven is p robably true"). Accordi ngly, where a 
peti tioner sub mits qualifying evidence under at least three criteria, we will determ ine whe ther the 
tota lity of the reco rd shows sustained n atio nal or internationa l accla im and demons trates that the 
individ ual is among the sma ll perce ntage at the very top of the field of endeavor. 
fl. ANA LYS IS 
The Petitioner is empl oye d at and 
compl eted a resea rch fellows hip al the Because she has not established t hat 
she has received a m ajor, internationally recog nized award , s he must sat isfy at least three of the 
alternate regu latory criteria at 8 C.F.R. § 204.5 (h)(3)(i)-(x) to meet the initi al evide ntiar y 
requi rernents. 
A. Evi dent iary Criteria 
The Director foun d that the Petitioner met the judging criterion under 8 C.F. R. § 204.5(h)(3)(iv). 
The reco rd co ntains evidence of her r eview of articles for profess ional journa ls, such as 
In addition, the Directo r d etermined tha t she satisfied the scholarly 
articles criterion at 8 C.F .R. § 204.5(h)(3 )(vi) based on h er authors hip of numerou s man uscrip ts that 
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appeared in professional publications, such as and Moreover, the 
record indicates that she has made original contributions of m~j or significance in the field that 
satisfy the criterion under 8 C .F.R. § 204.5(h)(3)(v). Specifically, her article in has been 
extensively cited b y other researchers in their own work and its significance is further supported by 
recommendation letters detailing the impact that the piece has had on the f·ield. 
B. Final Merits Determination 
As the record satisfies three of the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), we will 
analyze the Petitioner's accomplishments and weigh the totality of the evidence to determine if her 
successes are s ufficient to demonstrate that she bas extraordinary abiliry in the field of endeavor. 
We will evaluate \Vhether she has demonstrated, by a preponderance of the evidence, that she has 
sustained national or international acclaim and that her achievements have been recognized in the 
field through extensive documentation, making her one of the small percentage who have lisen to the 
very top oft he field of endeavor. 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 111 9-20. In this matter, the Petitioner has shown her eligibility for 
the classification. 
We evaluate the significance of the Petitioner' s judging experience to determine if such evidence is 
indicative of her extraordinary ability as required for this highly restrictive classification. 
See Kazarian, 5 96 F. 3d at 1121-22. Here, the record indicates that she has received and completed 
independent requests to review a s ubstantial number of manuscripts for numerous professional 
publications, establishing that she is among that small percentage \vho have risen to the very top of 
the field of endeavor. See 8 C.F.R. § 204.5(11)(2). 
As pertaining to her authorship of scholarly articles, the Petitioner h as provided evidence of her 
considerable amount of published material that appeared in professional journ als, including 
numerous articles in a highly ranked journal of the In addition, 
the record includes abstracts and proceedings from her presentations at professional conterences. As 
such, she has established that her publication record, as well as her presentations, sets her apart 
through a "career of acclaimed work in the field.'. See H. Rep. No. I 01-723, at 59 (Sept. 19, 1990). 
The statule requires rhe Petitioner to submit ·'extensive documentation" of her sustained national or 
international acclaim. See section 203(b)(l )(A) of the Act. The commentary for the proposed 
regulations implementing section 203(b)(I)(A)(i) of the Act provides that the '·intent of Congress 
that a very high standard be set tor aliens of extraordinary ability is rellected in this regulation by 
requiring [a] petitioner to present more extensive documentation than that required" for lesser 
classifications. 56 Fed. Reg. 30703, 30704 (July 5, I 991 ). 
As authoring scholarly at1icles is inherent to scientists and researchers, the citation history or other 
evidence of the in1luence of the Petitioner's a11icles is an important indicator of the impact and 
recognition that her work has had on the field and whether such influence bas been sustained. For 
example, numerous independent citations to an article authored by t he Petitioner would support a 
finding that other researches have recognized and been influenced by her work. On the other hand, 
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few or no citations to an article authored by the Petitioner may ind icate that her work has gone 
largely unnoticed by her field. In the case here, the Petitioner has offered evidence that one of her 
article s has garnered an unusua lly high numb er of citations, and tha t her other work has a lso 
been cited a great deal. In fact, even after the filing of this appeal, her work continue s to be cited at 
a level commensurate \Vith sustained national or international acclaim at the top of her field. The 
influence of her \vork is further ev idenced through recomm endation lette rs that identify her 
" imp ortant scientific achievement s in severa l areas of neurodegenerativ e disea ses" and exp lain how 
her research has solidified her "international rep utation in her dedi cated field.'' 
In short, the Petitioner has demonstrated her extraordinary ability. The totality of the evidence 
establishes that she possesses a level of expertise that is consistent with a findin g that she is one o f a 
sma ll percentage who have risen to the very top of the fie ld of endeavo r. In addition , she has 
documented sustai ned acclaim. See section 203(b)( l )(A) of the Act; 8 C .F.R. § 204.5(h)(2) , ( 3); 
Kazarian , 596 F.3d at 1119-20. 
IlL CONC LUSION 
The Petitioner has shown that she meets at least three of the evidentia ry criteria listed at 8 C.F.R. 
§ 204.5( h)(3 )(i)-(x) . She has also demonstrated sustained nation al and internat ional accla im and that 
her achieve ments have been recognized through extensive docu mentation. She there fore qualifies 
for classification as an individu al of extraordinary abi lity. 
ORDER: The appeal is sustai ned. 
Cite as Matter ofP-L-, tO# 270027 (AAO May 25, 20 17) 
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