sustained EB-1A Case: Nuclear Magnetic Resonance Research

U.S. Department of Homeland Security 
U. S. Citizenship and Immigmtion Services 
Office ofAdminrstratrve Appeals MS 2090 
Washington, DC 20529-2090 
identifying data deleted to 
 u.S. Citizenship 
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PUBLIC COPY n 
FILE: Office: TEXAS SERVICE CENTER Date: 
I SRC 07 267 50908 
 NOV 1. 8 2009 
IN RE: Petitioner: 
Beneficiary: 
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. § 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. 
,L@QH~IG iL 
j Perry hew 
<I 1 
Chief, Administrative Appeals Office 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained. 
The petitioner seeks classification as an "alien of extraordinary ability" in the sciences, pursuant to 
section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A). 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. Specifically, the director 
concluded that the petitioner meets only one of the ten regulatory criteria, 8 C.F.R. 5 204.5(h)(3)(vi) 
relating to authorship of scholarly articles, of which an alien must meet at least three. 
On appeal, counsel submits a brief and additional evidence. For the reasons discussed below, we are 
satisfied that the petitioner enjoys sustained national acclaim in his field. 
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, 
(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. 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 6,2007, seeks to classifl the petitioner as an alien with extraordinary ability 
as a research scientist. The regulation at 8 C.F.R. $ 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). Congress' example of a one-time achievement is a Nobel 
Prize. H.R. Rpt. 101-723, 59 (Sept. 19, 1990). Barring the alien's receipt of such an award, the 
regulation outlines the following 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. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields; 
(iii) Published material about the alien in professional or major trade publications or 
other major media, relating to the alien's work in the field for which classification is 
sought. Such evidence shall include the title, date, and author of the material, and any 
necessary translation; 
(iv) 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 allied field of specialization for which classification 
is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- 
related contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional 
or major trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases; 
(viii) Evidence that the alien has performed in a leading or critical role for organizations 
or establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office 
receipts or record, cassette, compact disk, or video sales. 
The petitioner submitted supporting evidence including his election as a fellow in an association that 
requires outstanding achievements for election as a fellow,' letters attesting to the field's use of the 
petitioner's nuclear magnetic resonance procedures, his extensive publication record and evidence that 
his articles are consistently well-cited. While the most persuasive evidence of the petitioner's service 
as a judge of the work of others, his service on an editorial board, postdates the filing of the petition, we 
simply note that the petitioner was invited to serve on this editorial board prior to the filing of the 
petition. This invitation is consistent with our finding that the petitioner is eligible for the exclusive 
classification sought. 
Not all of the petitioner's evidence carries the weight imputed to it by counsel or relates to the 
criteria identified by counsel. Moreover, we concur with the director that publications and 
presentations are insufficient evidence of contributions of major significance absent evidence of their 
significance. See Kazarian v. USCIS, 2009 WL 2836453, *6 (9th Cir. 2009). Nevertheless, consistent 
with Matter of Price, 20 I&N Dec. 953 (Act. Assoc. Cornm'r. 1994), we find the evidence of record 
sufficient to establish that the petitioner has demonstrated his eligibility for the classification sought. 
Specifically, upon careful review of the record, it is concluded that the petitioner has demonstrated by a 
preponderance of the evidence that he is within the small percentage of individuals who have risen to 
the very top of the field of nuclear magnetic resonance research. The evidence submitted establishes 
that the petitioner has sustained national or international acclaim and that his achievements have been 
recognized in the field of nuclear magnetic resonance research. As a result, the petitioner qualifies as 
an alien of extraordinary ability. 
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. 
ORDER: 
 The decision of the director is withdrawn. The appeal is sustained and the petition is 
approved. 
' While we concur with the director that the petitioner's fellowship in an association that strictly limits the 
number of fellows is not an "award" or "prize" as claimed by counsel, his election to fellowship (rather than 
his basic membership) is clearly a qualifying membership pursuant to 8 C.F.R. § 204.5(h)(3)(ii).