sustained EB-1A Case: Transcultural Management

US. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Oflce ofAdrninistrative Appeals, MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
Office: TEXAS SERVICE CENTER Date: DEC 0 1 2009 
- 
IN RE: 
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. fj 1153(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. fj 103.5(a)(l)(i). 
Perry Rhew 
Chief, Administrative Appeals Office 
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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 business, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 153(b)(l)(A). The director 
determined the petitioner had not established the sustained national or international acclaim necessary 
to qualifl for classification as an alien of extraordinary ability. 
On appeal, counsel submits a brief and additional evidence, much of which is already part of the record 
of proceeding. In general, counsel asserts that the director's statement that the evidence did not 
"clearly establish" the petitioner's eligibility reveals that the director used the wrong standard of 
proof. 
Section 291 of the Act provides: 
Whenever any person makes application for a visa or any other document required for 
entry, or makes application for admission, or otherwise attempts to enter the United 
States, the burden of proof shall be upon such person to establish that he is eligible to 
receive such visa or such document, or is not inadmissible under any provision of this 
Act, and, if an alien, that he is entitled to the nonimmigrant; immigrant, special 
immigrant, immediate relative, or refugee status claimed, as the case may be. 
The law goes on to assert that the evidence must establish eligibility "to the satisfaction" of the 
adjudicating officer. This burden is confirmed in Matter of Soo Hoo, 1 1 I&N Dec. 15 1 (BIA 1965) and 
Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966). While the director used the phrase "clearly 
establish" instead of "preponderance of the evidence," the director appears to be using the common 
usage of the word "clearly" as opposed to articulating a higher standard of proof, such as "clear and 
convincing." The AAO finds that the director's use of the phrase "clearly establish" was innocent of 
any intent to hold the petitioner to a higher standard of proof and constitutes harmless error, at worst. 
More significantly, counsel asserts that the director did not provide any specific reasons for the denial. 
While the director did raise some concerns, the director's decision simply lists the evidence submitted 
but reaches no conclusion as to the sufficiency of the evidence under four criteria, three of which are 
sufficient to establish eligibility. 
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 -- 
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(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. 60897,60898-9 (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. 5 204.5(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@)(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 seeks to classifl the petitioner as an alien with extraordinary ability as a transcultural 
management specialist. 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, 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 qualifl as an alien of extraordinary ability. 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 qualifL as an alien of extraordinary ability. The 
criteria at 8 C.F.R. 5 204.5(h)(3) are as follows: 
(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 extensive evidence documenting his well-cited scholarly articles and books, 
his leading and critical role for companies with widespread influence in South Africa and elsewhere in 
Africa and his contributions of major significance to the development of management education in 
South Africa and other African countries through contracts to organize high level management 
seminars and for the development of management and leadership resources and facilities in 
coordination with the South African Parliament. To a lesser extent but worth noting, the record also 
contains evidence that the petitioner's work has garnered media attention. 
Not all of the petitioner's evidence carries the weight imputed to it by counsel. Nevertheless, 
consistent with Matter of Price, 20 I&N Dec. 953 (Act. Assoc. Comm'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 transcultural management. The evidence submitted 
establishes that the petitioner has sustained national or international acclaim and that his achievements 
have been recognized in his field. As a result, the petitioner qualifies as an alien of extraordinary 
ability. 
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The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. $ 1361. The petitioner has sustained that burden. 
ORDER: The decision of the director is withdrawn. The appeal is sustained and the petition is 
approved.