sustained EB-1A Case: Policy Analysis

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-G-K-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 9, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a policy analyst, seeks classification as an individual "of extraordinary ability" in the 
sciences. See Immigration and Nationality Act (the Act)§ 203(b)(l)(A); 8 U.S.C. § 1153(b)(1)(A). 
The Director, Texas Service Center, denied the petition. The matter is now before us on appeal. The 
appeal will be sustained. 
The classification the Petitioner seeks on behalf of the Beneficiary makes visas available to foreign 
nationals who can demonstrate their extraordinary ability through sustained national or international 
acclaim and whose achievements have been recognized in their field through extensive 
documentation. The Director determined that the Petitioner had not satisfied the initial evidence 
requirements set forth at 8 C.F.R § 204.5(h)(3), which necessitate a one-time achievement or 
satisfaction of at least three of the ten regulatory criteria. On appeal, the Petitioner submits a brief 
and other materials. For the reasons discussed below, the Petitioner has established his eligibility for 
the classification sought. 
I. 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, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(b)(6)
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(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
The term "extraordinary ability" refers only to those individuals in that small percentage who have 
risen to the very top of the field of endeavor. 8 C.P.R. § 204.5(h)(2). The regulation at 8 C.P.R. 
§ 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained acclaim 
and the recognition of his or her achievements in the field through a one-time achievement (that is, a 
major, internationally recognized award). If the petitioner does not submit this evidence, then he or 
she must provide sufficient qualifying documentation that meets at least three of the ten categories 
listed at 8 C.F.R. § 204.5(h)(3)(i)- (x). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) (discussing a two-part review 
where the evidence is first counted and then, if satisfying the required number of criteria, considered 
in the context of a final merits determination). See also Rijal v. USCIS, 772 F.Supp.2d 1339 (W.D. 
Wash. 2011) (affirming our proper application of Kazarian) , aff'd, 683 F.3d. 1030 (9th Cir. 2012); 
Visinscaia v. Beers, 4 F.Supp.3d 126, 131-32 (D.D.C. 2013) (finding that we appropriately applied 
the two-step review); Matter of Chawathe , 25 I&N Dec. 369, 376 (AAO 2010) (holding that the 
"truth is to be determined not by the quantity of evidence alone but by its quality" and that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true"). 
II. ANALYSIS 
A. Evidentiary Criteria 
The Director found the Petitioner met five of the necessary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)- (x). Upon review, we find that the Petitioner meets three of the criteria, and has 
therefore provided sufficient initial evidence. 
Evidence of the individual 's participation , either individually or on a pan el, as a judge of the 
work of others in the same or an allied field of specification for which classtfication is sought. 
The Director determined that the Petitioner demonstrated eligibility for this criterion. A review of 
the record reflects that the Petitioner submitted sufficient evidence to show that he participated as a 
judge of the work of others in the same or an allied field. Specifically, the Petitioner sits on the 
editorial board of the and has refereed manuscripts for that publication. 
Accordingly, the Petitioner has met this criterion. 8 
C.P.R. § 204.5(h)(3)(iv). 
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Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related 
contributions of mcljor significance in the field. 
The Director determined that the Petitioner demonstrated eligibility for this criterion. A review of 
the record reflects that the Petitioner submitted sufficient evidence to show original contributions of 
major significance in the field. Specifically, the Petitioner provided letters of recommendation from 
experts in the field regarding his contributions. For example, Managing Director of 
the explained the reach of the Petitioner's reports and confirmed her own 
reliance on and dissemination of those reports in the field. Accordingly, the Petitioner has met this 
criterion. 8 C.F.R. § 204.5(h)(3)(v). 
Evidence of the individual's authorship of scholarly articles in the field, in professional or major 
trade publications or other major media. 
The Director did not address this criterion in his denial. A review of the record reflects, however, 
that the Petitioner has submitted evidence of his authorship of scholarly articles in the field. 
Specifically, the Petitioner has authored such articles published in academic journals such as 
For these reasons, 
the Petitioner has met this criterion. 8 C.F.R. § 204.5(h)(3)(vi). 
B. Summary 
The documentation provided satisfies the three criteria referenced above. As a result, the Petitioner 
has submitted the required initial evidence of either a one-time achievement or at least three of the 
ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
C. Final Merits Determination 
Because the Petitioner satisfied the antecedent evidentiary requirement under the two-part Kazarian 
analysis, we now conduct a final merits determination to determine whether the Petitioner has 
established his extraordinary ability demonstrated by sustained national or international acclaim and 
achievements recognized in the field through extensive documentation. § 203(b)(l)(A)(i) of the Act. 
The Director found in a final merits determination that the record does not support a finding of the 
Petitioner's extraordinary ability. In this section, the Director considered only the Petitioner 's 
contributions rather than all of the exhibits. 1 After a thorough review of the totality of the 
submissions, we find that the Petitioner has corroborated sustained national or international acclaim 
in his field. 
1 The Director concluded in the final merits section that the Petitioner had not demonstrated that his contributions were 
of major significance after stating in part one that the Petitioner met the requirements of 8 C.F.R § 204.5(h)(3)(v) , which 
requires that the Petitioner show contributions of major significance in the field. 
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(b)(6)
Matter of J-G-K-
The Petitioner received an undergraduate degree and an MBA from . followed 
by a 
Masters Diploma in Computer Science from He earned a Ph.D. in 
Policy Analysis from the in 2006. From 2006 to 2008, the Petitioner was a 
Research Associate at the 
From 2008 to 2009, he was a consultant for 
From 2009 to the present, the Petitioner has been a visiting fellow at 
the From 2009 to present, he has also been a Policy Advisor 
and Researcher at the The Petitioner's current 
work includes providing advisory services for client governments on 
an array of policy issues. He is 
also currently leading a study funded by the examining five crop 
staples across five African countries. 
As noted above, the Petitioner has published or presented several papers in academic journals and at 
respected forums. He is also on the editorial board of the A letter from 
an editor of the indicated that he was asked to join the board specifically 
due to his expertise on African futures. In addition, he is a writer and editor for 
a publication of the , which is 
supported by the Credit as one of a limited number of editors affords name 
recognition and is consistent with acclaim. According to has 
become a flagship publication for and is distributed to hundreds of subscribers in West 
Africa. confirmed that she regularly disseminates the reports to her colleagues at the 
and has worked with partner organizations to ensure they are available on 
blogs with a global reach. 
The Petitioner submitted letters from other experts in the field that also explained the important 
nature of his work. Director of the 
stated that little forecasting has been done in Africa and that the 
Petitioner's work is therefore "breaking new ground." Senior Economist at the 
discussed the Petitioner's studies and papers on the long term future of Africa 
and described them as "original and significant works in the field." Professor of 
Education, Economics and Policy at the 
worked with the Petitioner to develop educational system reforms in with the goal of shifting 
its oil- and gas-based economy to a knowledge-based economy in the future. Chief of 
the Foresight Section, Bureau of Strategic Planning, 
noted that the Petitioner "has continued to assist 
to advance its mission related to scoping anticipatory capacities, in Africa and 
in specific countries, like Sierra Leone." 
Finally, the record shows further recognition of the Petitioner's abilities through his membership in 
the Significantly, he was one of 
30 individuals from around the world chosen to be a part of the inaugural committee featured at the 
annual meeting in Switzerland. The inaugural members include 
leaders from the 
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Matter of J-G-K-
among others. 
In light of the evidence discussed above, the Petitioner's achievements in the aggregate are 
commensurate with sustained national and international acclaim at the very top of his field. 
III. CONCLUSION 
The Petitioner has submitted the requisite evidence to satisfy three of the initial criteria and also to 
demonstrate his extraordinary ability when considered in a final merits decision. In visa petition 
proceedings, it is the Petitioner's burden to establish eligibility for the immigration benefit sought. 
§ 291 of the Act, 8 U.S.C. § 1361. Here, the Petitioner has met that burden and shown eligibility for 
the benefit sought under section 203(b)(l)(A) ofthe Act. 
ORDER: The appeal is sustained. 
Cite as Matter of J-G-K-, ID# 15501 (AAO Feb. 9, 2016) 
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