sustained EB-1A Case: Thermal Engineering

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-L-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN.25,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an assistant research professor, seeks classification as an individual of extraordinary 
ability in business. See Immigration and Nationality Act (the Act) section 203(b)(I)(A), 8 U.S.C. 
§ 1153(b)(l)(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 field 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 satisfied only two of the ten initial evidentiary criteria, of 
which he must meet at least three. 
On appeal, the Petitioner submits additional evidence and contends that he meets four criteria. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants with extraordinary ability 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 m the area of 
extraordinary ability, and 
(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.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
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Matter of J-L-
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships, and published material in certain media) . 
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. 201 0) (discussing a two-part review 
where the documentation is first counted and then, if fulfilling the required number of criteria, 
considered in the context of a final merits determination); see also Visinscaia v. Beers , 4 F. Supp . 3d 
126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011), a.fj"d, 683 
F.3d. 1030 (9th Cir. 2012); Matter ofChawathe, 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 U.S. 
Citizenship and Immigration Services (USCIS) examines "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"). Accordingly, where a 
petitioner submits qualifying evidence under at least three criteria, we will determine whether the 
totality of the record shows sustained national or international acclaim and demonstrates that the 
individual is among the small percentage at the very top of the field of endeavor. 8 C.F.R. 
§ 204.5(h)(2)-(3) . 
ll. ANALYSIS 
The Petitioner is an assistant research professor employed by the 
specializing in thermal engineering and air-conditioning efficiency . As he has not established that 
he has received a major, internationally recognized award, he must satisfy at least three of the 
alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
A. Evidentiary Criteria 
The Director found that the Petitioner 
met the judging criterion at 8 C.F.R. § 204.5(h)(3)(iv) and the 
authorship of scholarly articles criterion at 8 C.F.R. § 204.5(h)(3)(vi). We conclude that the 
evidence in the record indicates that the Petitioner meets these criteria . He has reviewed manuscripts 
for several journals and authored articles that have appeared in professional publications. We also 
find that he has performed a critical role under 8 C.F.R . § 204.5(h)(3)(viii) for the 
in the an organization that has 
a distinguished reputation. Because the Petitioner has met three of the initial evidentiary criteria , as 
required, we will discuss the remaining documentation in the context of a final merits 
determination. 1 
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The Director also held that the Petitioner had not the met the following criteria: awards at 8 C.F.R. § 204.5(h)(3)(i). 
member ship at 8 C.F.R. § 204.5(h)(3)(ii) , published material at 8 C.F.R. § 204.5(h)(3)(iii) , and contribution s of major 
significance at 8 C.F.R. § 204.5(h)(3)(v) . We will consider the evidence relating to these criteria in our final merit s 
determination . 
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B. Final Merits Determination 
As the record satisfies at least 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 his 
successes are sufficient to demonstrate that he has extraordinary ability in the field of endeavor. We 
evaluate whether he has demonstrated, by a preponderance of the evidence, that he has sustained 
national or international acclaim and that his achievements have been recognized in the field through 
extensive documentation, making him one of the small percentage who have risen to the very top of 
the 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 1119-20 . Here, the Petitioner has shown his eligibility for this classification. 
The Petitioner received a Ph.D. in mechanical engineering from the The 
evidence reflects that the Petitioner has conducted reviews for leading journals , has written scholarly 
articles at a level consistent with those at the top of his field , and has performed a critical role for a 
distinguished organization. He has two patents granted by the U.S. Patent and Trademark Office and 
has eight provisional patents and invention records in his field of expertise. These accomplishment s. 
in the aggregate. are consistent with a conclusion that the Petitioner 
is recognized in the field. 
Regarding the Petitioner's judging of the work of others, he has conducted numerous reviews for 
leading journals of the complex work of others in his field. These journals include the 
and the 
The record contains a letter from 
the 
Director of the 
among others. 
who states that the 
Petitioner , as a research scientist, "ove rsees graduate students research in developing new 
component models and improving system level simulation capa bility." He further indicates that the 
Petitioner serves on the dissertation committee for graduate students. This demonstrate s that the 
Petitioner is continually involved in judging the work of others at a level commensurate with the 
classification sought. 
With respect to his scholarly articles , the Petitioner has co-authored and published a considerable 
amount of material in professional journals and international journals, including the 
and among others. As 
authoring scholarly articles is inherent to researchers , the citation history or other evidence of the 
influence of the Petitioner 's articles is an important indicator of the impact and recognition that his 
work has had on the field. Here, the record reflects that the Petitioner has a high citation rate 
compared to others in his field and has continued to publish material in his field , which is consistent 
with a finding that the Petitioner is among the small percentage at the top of his field of endeavor. 
See 8 C.F .R. § 204.5(h)(2). 
The record also contains significant evidence of the Petitioner's critical role for the in the 
and his contributions in the field. The evidence shows that the Petitioner has 
led or taken part in significant projects exceeding millions of dollars in research funding. For 
instance, the record reflects that the Petitioner was project manag er of the thermodynamic and heat 
transfer sub-team within a team given a grant of over $3 million with the goal to eliminate the use of 
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synthetic refrigerants in cooling systems due to their negative impact on the environment. In 
addition, indicates that the Petitioner led a team of a four researchers in developing 
a "transient simulation library on two software platforms" that is now being used by 
and and which contribute an annual membership 
income of $30,000 to the 
Officer at 
The record contains a letter from the Chief Technology 
, who states that the Petitioner "developed a 
novel air conditioning system using technology which 
saves energy consumption by 30% in standard conditions." He adds that the 
awarded approximately $100,000 to commercialize this technology in 2013 and states that this 
technology "attracted not only federal government interests, but also private companies such as 
and other major HVAC manufacturers through consortium." Thus, the 
record demonstrates that the Petitioner's expertise has been a key component in obtaining and 
fulfilling the grant projects as well as providing additional research funding. 
The record contains significant evidence of the Petitioner's contributions in the field, including a 
letter from the Technical Director for . who refers to a 
high-efficiency heat pump clothes dryer that the Petitioner and his student team developed, which 
saves 40% in electricity costs compared to a state-of-the-art electric clothes dryer. In addition, 
states that the Petitioner's research on heat pump water heaters promotes the wide adoption of 
heat pump water heaters in the U.S., which the estimates is "two to three times more efficient 
than electric or natural gas water heaters.'" 
Other inventions by the Petitioner have led to commercial success as well. The record contains a 
letter from the Senior Research Manager at 
who states that the Petitioner's invention, ,. 
' has resulted ~n the mass production of 30,000 compressors since 2015. 
states that the Petitioner's compressor control technology is estimated to reduce energy 
consumption by 35 percent. 
In addition. attests to the Petitioner's development of a thermal 
comfort model software that allows engineers to compare multiple designs of their products, thereby 
increasing their efficiency in the development of new products. The record reflects that the 
Petitioner's software has been purchased by and that the general version is 
available to over 30 companies worldwide through consortium memberships with the 
The Petitioner has submitted ample evidence of his sustained acclaim within the field . As indicated 
above, the Petitioner's citation history of his published work is an important indicator of one's 
recognition in the field and whether such influence has been sustained. Here. the record 
demonstrates that the Petitioner has a high citation rate compared to others in his field and that he 
has continued to publish material in his field with a steady increase in his citation levels over his 
publication history. One of the Petitioner's projects, the ' 
' accounts for one of the patents in his name and has led to the Petitioner's 
acclaim in the field. The record contains articles from the and the 
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Matter ofJ-L-
regarding this revolutionary invention and his role in its development. In addition, the record 
contains a letter from the CEO of a company that has obtained an 
exclusive license for this technology regarding the energy saving capabilities that are possible on 
account of the Petitioner ' s work in the field. 
In his letter, the Director of Research for the 
states that the Petitioner was selected to be one of the two technical 
advisors to a prestigious committee "that is improving the life-cycle metrics for measuring the 
environmental performance of room air conditioning." states that this committee was 
organized in response to the on Substances that Deplete the Ozone Layer. In this 
capacity
, the Petitioner advises members from Brazil , China , Costa Rica, France, India , Thailand, the 
United Kingdom , and the United States. 
The record also indicates that the Petitioner 
has received certain awards in his field, such as the 
competition in 2011. The Petitioner submitted evidence indicating that 
he is a member of the and the and 
that he was acknowledged as an by in 2014. As 
further evidence of the Petitioner ' s acclaim in the field, the record reflects that he served as the 
Session Chair of the 2014 He was also a keynote 
speaker at the in Prague in 2011 and the 
m 2014 . This demonstrates that the Petitioner has 
sustained acclaim in the field. 
We note that the Petitioner ' s contributions have increased the efficiency of many different products 
that are being used commercially or that are in the early development stages. The Petitioner has 
influenced others in the field through his judging and scholarly articles, he has obtained significant 
patents in the industry, and the record demonstrates that his inventions have created greater 
efficiency and innovation in the field. When considered in the aggregate with the evidence 
discussed above , the Petitioner has demonstrated that his achievements are reflective of a "career of 
acclaimed work in the field" as contemplated by Congress . H.R. Rep. No. 101-723, 59 (Sept. 19, 
1990). 
Ill. CONCLUSION 
The Petitioner has shown that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained national and international acclaim and that 
his achievements have been recognized through extensive documentation. Lastly, the Petitioner has 
indicated that he intends to continue working in his area of expertise. He therefore qualities for 
classification as an individual of extraordinary ability. 
2 The organization no longer uses its legal name, the 
in order to reflect a worldwide member ship. 
Matter of J-L-
ORDER: The appeal is sustained. 
Cite as Matter of J-L-, ID# 80026l(AAO Jan. 25, 2018) 
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