dismissed EB-1B Case: Applied Economics

identifiring d3ta de!e!ed to 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
prevent ciear! y r.!.r,iuarraz?ted 
 Office ofAdministrative Appeals, MS 2090 
Washington, DC 20529-2090 
invasion of pessu:~al privacy 
 U.S. Citizenship 
PUBLIC COP and Immigration 
Services 
PETITION: 
 Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to 
Section 203(b)(l)(B) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(l)(B) 
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. 5 103.5(a)(l)(i). 
oe"- ohn F. Grissom 
Acting Chief, Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed. 
The petitioner is a non-profit university. It seeks to classify the beneficiary as an outstanding professor 
pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 153(b)(l)(B). The petitioner seeks to employ the beneficiary permanently in the United States as an 
assistant professor. The director determined that the petitioner had not established that the beneficiary 
had attained the outstanding level of achievement required for classification as an outstanding 
researcher. Specifically, the director found that the beneficiary meets only one of the six regulatory 
criteria, of which an alien must satisfy at least two to be eligible for the classification sought. 
On appeal, counsel submits a brief. The record is primarily supported by letter writers (some of whom 
do not appear to have been familiar with the beneficiary prior to being requested to provide a letter of 
support) speculating as to the future implications of the beneficiary's work, a minimal publication 
record and local presentations. For the reasons discussed below, the record does not establish the 
beneficiary's eligibility for the classification sought. In fact, the director erred in finding that the 
beneficiary meets even one of the regulatory criteria as the evidence submitted to meet the judging 
criterion at 8 C.F.R. 5 204.5(i)(3)(i)(iv), peer review, educator evaluations of textbooks as a teaching 
tool and a local editorial position, is not indicative of or consistent with international recognition as 
outstanding. 
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): 
(B) Outstanding professors and researchers. -- An alien is described in this subparagraph 
if -- 
(i) 
 the alien is recognized internationally as outstanding in a specific 
academic area, 
(ii) the alien has at least 3 years of experience in teaching or research in the 
academic area, and 
(iii) the alien seeks to enter the United States -- 
(I) 
 for a tenured position (or tenure-track position) within a 
university or institution of higher education to teach in the 
academic area, 
(11) for a comparable position with a university or institution of 
higher education to conduct research in the area, or 
(111) for a comparable position to conduct research in the area 
with a department, division, or institute of a private employer, if 
the department, division, or institute employs at least 3 persons 
full-time in research activities and has achieved documented 
accomplishments in an academic field. 
The regulation at 8 C.F.R. 5 204.5(i)(3) states that a petition for an outstanding professor or researcher 
must be accompanied by: 
(ii) Evidence that the alien has at least three years of experience in teaching andlor 
research in the academic field. Experience in teaching or research while working on an 
advanced degree will only be acceptable if the alien has acquired the degree, and if the 
teaching duties were such that he or she had full responsibility for the class taught or if 
the research conducted toward the degree has been recognized within the academic field 
as outstanding. Evidence of teaching and/or research experience shall be in the form of 
letter(s) from current or former employer(s) and shall include the name, address, and 
title of the writer, and a specific description of the duties performed by the alien. 
This petition was filed on April 3, 2008 to classify the beneficiary as an outstanding researcher in the 
field of applied economics. Therefore, the petitioner must establish that the beneficiary had at least 
three years of teaching or research experience in the field as of that date, and that the beneficiary's work 
has been recognized internationally within the field as outstanding. 
The regulation at 8 C.F.R. 5 204.5(i)(3)(i) states that a petition for an outstanding professor or 
researcher must be accompanied by "[elvidence that the professor or researcher is recognized 
internationally as outstanding in the academic field specified in the petition." The regulation lists six 
criteria, of which the beneficiary must satisfjr at least two. It is important to note here that the 
controlling purpose of the regulation is to establish international recognition, and any evidence 
submitted to meet these criteria must therefore be to some extent indicative of international recognition. 
More specifically, outstanding professors and researchers should stand apart in the academic 
community through eminence and distinction based on international recognition. The regulation at 
issue provides criteria to be used in evaluating whether a professor or researcher is deemed 
outstanding. Employment-Based Immigrants, 56 Fed. Reg. 30703, 30705 (proposed July 5, 1991) 
Page 4 
(enacted 56 Fed. Reg. 60897 (Nov. 29, 1991)). The petitioner claims to have satisfied the following 
criteria.' 
Evidence ofthe alien's participation, either individually or on a panel, as the judge of the work 
of others in the same or an allied academic field. 
The director concluded that the beneficiary meets this criterion. 
 The AAO, however, maintains 
plenary power to review each appeal on a de novo basis. 5 U.S.C. 5 557(b) ("On appeal from or 
review of the initial decision, the agency has all the powers which it would have in making the initial 
decision except as it may limit the issues on notice or by rule."); see also Janka v. US. Dept. of 
Transp., NTSB, 925 F.2d 1147, 1149 (9th Cir. 1991). The AAO's de novo authority has been long 
recognized by the federal courts. See, e.g., Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989). 
While we do not lightly withdraw a favorable finding by the director, the evidence simply does not 
support the director's conclusion regarding this criterion. 
The record reflects that the beneficiary has refereed articles for Energy Economics and the 
Southwestern Economic Review. In addition, the beneficiary was a "moderator/discussant" at two 
symposiums held at the petitioning university where the beneficiary works. Further, the beneficiary is 
on the editorial board of the petitioner's Journal ofBusiness and Leadership. Finally, the petitioner was 
requested to provide an educator's perspective on two text books. 
In response to the director's request for additional evidence, the petitioner submitted evidence of 
additional reviews performed after the date of filing and letters from the editors. The petitioner must 
establish the beneficiary's eligibility as of the date of filing. See 8 C.F.R. $5 103.2(b)(l), (12); Matter 
of Katigbak, 14 1&N Dec. 45, 49 (Reg'l. Comrn'r. 1971). Thus, we will not consider any reviews 
performed after that date. w co-editor of the petitioner's Journal qf Business and 
~eadership, asserts that members of the editorial board are selected based on "an outstanding track 
record of publications (peer-reviewed), currency in one's areas of expertise (as demonstrated by 
recognitions [sic] and publications in one's discipline), and service to a discipline (as demonstrated by 
other academic review and conference participation)." We cannot ignore, however, that the journal is 
published by the petitioner and, thus, the beneficiary's selection for the editorial board of this journal 
does not demonstrate any recognition beyond her employer. 
was selected as a reviewer after meeting all of the following criteria: 
Researchers with [an] outstanding and established track record as evidenced by 
peer-reviewed articles and scholarly articles; 
National and international recognition in the area of expertise; 
1 
 The petitioner does not claim that the beneficiary meets any criteria not discussed in this decision and the 
record contains no evidence relating to the omitted criteria. 
Page 5 
Currency in the expert's academic and research areas; 
Exceptional knowledge of the technical content of the submitted manuscript and 
Noted competence in recognizing the value and importance of other's work and 
critically evaluating and suggesting methods and areas of improvement. 
asserts that the beneficiary's large area of expertise sets her apart from other reviewers. 
At issue, however, is whether selection as a reviewer, in and of itself, is indicative of or consistent with 
international recognition. does not indicate whether the journal uses reviewers from 
outside the southwestern region. More significantly, - does not support his assertions 
with evidence that the journal credits its reviewers in print or otherwise boasts a small, exclusive group 
of reviewers. We cannot ignore that many economic journals are peer reviewed and rely on many 
members of the field to review submitted manuscripts. Thus, peer review is routine in the field and 
is not indicative of or consistent with international recognition. 
In her initial letter, 
 Assistant Editor for Pearson Educational Publishing, asserts: 
Soliciting reviews from professors is one of the most important aspects of what 
educational publishers do, as these reviews provide us with invaluable feedback from 
those who are educating young minds. Hearing what professors have to say about how 
our books impact their students and the ways in which we can improve those texts is 
extremely important, and we rely on the input of these professors to lift our textbooks to 
a higher level. 
In response to the director's request for additional evidence, 
 asserts that the beneficiary 
reviewed a book proposal and sample chapters for a statistics textbook. states that reviewers 
are critical to maintain the highest quality of books and continues: 
As such, the identification and selection of reviewers comes from a pool of 
internationally and highly regarded experts in their specific fields. Outstanding experts 
in their field, an established publication record and international recognition in their 
field, and the ability to provide detailed and constructive comments and suggestions are 
all part of the important criteria we consider when selecting reviewers. 
concludes that the beneficiary "met all of these criteria and in addition, she had the premium 
experience of having taught the course for which the book was intended." 
In her initial letter, 
 Developmental Editor for McGraw-HillIInvin, asserts that the 
beneficiary "was asked to constructively criticize and assess, chapter by chapter, the organization, 
coverage, presentation style, and pedagogy, and provide revision suggestions for the authors." 
In response to the director's request for additional evidence, 
 asserts that their book reviewers 
"are selected from among the best in the discipline - from international professionals and academics 
who have excellent contentftheory expertise in their areas and have the ability to evaluate a textbook by 
identifying specific strengths and weaknesses in content, organization and presentation." 
While we do not question the sincerity of the letters submitted in response to the director's request for 
additional evidence, considering those letters in the context of the initial letters and the beneficiary's 
book reviews themselves, submitted by the petitioner, it is clear that the textbook reviews are designed 
to provide the publisher with educator feedback on the book's usefulness in the classroom as an 
educational tool. It would appear that the beneficiary was invited as an educator who might use this tool 
rather than as an internationally recognized expert in the field. Moreover, reviewing a textbook for 
usefulness as a teaching tool involves a review of the presentation style and organization of established 
work in the field rather than the review of original work of another economist. 
At issue is whether the beneficiary's selection to perform judging responsibilities, as opposed to her 
skill in performing review work, is indicative of or consistent with international recognition. Without 
evidence that sets the beneficiary's judging responsibilities apart from others in her field, such as 
evidence that she has reviewed an unusually large number of articles, received independent requests 
from a substantial number of journals outside her region, or served in an editorial position for a 
distinguished journal other than the one published by her own employer, we cannot conclude that the 
beneficiary meets this criterion. Thus, we withdraw the director's finding that the beneficiary meets 
this criterion. 
Evidence of the alien's original scientijic or scholarly research contributions to the academic 
field. 
Throughout the proceedings, the petitioner has relied on many letters from members of the 
beneficiary's field to explain the significance of the beneficiary's work. The record also contains the 
beneficiary's three articles published prior to the date of filing and evidence of conference 
presentations. In response to the director's request for evidence other than letters of support, the 
petitioner submitted several more letters. The director concluded that the letters and conference 
presentations by the beneficiary were insufficient to meet this criterion. On appeal, counsel asserts that 
some of the letters submitted "were not advisory opinions but were rather discussions about the 
practical impact of Beneficiary's work on an international level which is considered outstanding." 
Counsel further asserts that the director did not give sufficient weight to evidence about the 
beneficiary's influence at the U.S. Department of Energy. 
Obviously, the petitioner cannot satisfy this criterion simply by listing the beneficiary's past projects 
and demonstrating that the beneficiary's work was "original" in that it did not merely duplicate prior 
research. Research work that is unoriginal would be unlikely to secure the beneficiary a master's 
degree, let alone classification as an outstanding researcher. Because the goal of the regulatory criteria 
is to demonstrate that the beneficiary has won international recognition as an outstanding researcher, it 
stands to reason that the beneficiary's research contributions have won comparable recognition. To 
argue that all original research is, by definition, "outstanding" is to weaken that adjective beyond any 
useful meaning, and to presume that most research is "unoriginal." 
As stated above, outstanding researchers should stand apart in the academic community through 
eminence and distinction based on international recognition. The regulation at issue provides criteria 
to be used in evaluating whether a professor or researcher is deemed outstanding. 56 Fed. Reg. 
30703, 30705 (July 5, 1991). Any Ph.D. thesis, postdoctoral or other research, in order to be 
accepted for graduation, publication or funding, must offer new and useful information to the pool of 
knowledge. To conclude that every researcher who performs original research that adds to the 
general pool of knowledge meets this criterion would render this criterion meaningless. 
Furthermore, the regulations include a separate criterion for scholarly articles. 8 C.F.R. 
5 204.5(i)(3)(i)(F). Thus, the mere authorship of scholarly articles cannot serve as presumptive 
evidence to meet this criterion. To hold otherwise would render the regulatory requirement that a 
beneficiary meet at least two criteria meaningless. 
As stated above, the petitioner relies on several reference letters. The director noted that opinions of 
experts in the field, while not without weight, cannot form the cornerstone of a successful claim of 
international recognition. U.S. Citizenship and Immigration Services (USCIS) may, in its discretion, 
use as advisory opinions statements submitted as expert testimony. 
 See Matter of Caron 
International, 19 I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS is ultimately responsible 
for making the final determination regarding an alien's eligibility for the benefit sought. Id. The 
submission of letters from experts supporting the petition is not presumptive evidence of eligibility; 
USCIS may evaluate the content of those letters as to whether they support the alien's eligibility. See 
id. at 795. USCIS may even give less weight to an opinion that is not corroborated, in accord with 
other information or is in any way questionable. Id. at 795; see also Matter of SofJici, 22 I&N Dec. 
158, 165 (Cornm'r. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg'l. 
Comm'r. 1972)). 
In evaluating the reference letters, we note that letters containing mere assertions of widespread 
recognition and vague claims of contributions are less persuasive than letters that specifically 
identify contributions and provide specific examples of how those contributions have influenced the 
field. In addition, letters from independent references who were previously aware of the beneficiary 
through her reputation and who have applied her work are far more persuasive than letters from 
independent references who were not previously aware of the beneficiary and are merely responding 
to a solicitation to review the petitioner's curriculum vitae and work and provide an opinion based 
solely on this review. Ultimately, evidence in existence prior to the preparation of the petition 
carries greater weight than new materials prepared especially for submission with the petition. An 
individual with international recognition should be able to produce unsolicited materials reflecting 
that recognition. 
, an associate professor at Mississippi State University (MSU), asserts that he 
recruited the beneficiary for the school's graduate program and served as her Ph.D. advisor. - 
notes that the beneficiary had published two articles and had two additional articles accepted for 
publication in peer-reviewed journals and asserts that her published work is remarkable because of its 
subject matter diversity, credit card usage, religious and economic behavior and regulatory 
performance. explains that the beneficiary performed novel econometric research on credit 
card usage by college students using the precise tobit modeling technique. According to, the 
beneficiary demonstrated that credit card balances increase with income; on average white credit card 
holders have lower outstanding balances; a casual attitude toward debt is associated with higher credit 
card borrowing; that business majors are less like1 to borrow using credit cards and that credit card 
borrowing is not influenced by interest rate. & however, merely speculates that this work 
"promises to be influential" and suggests potential policy applications of this research. 
next discusses the beneficiary's research about economics and religion, which was the first to 
use household rather than state- or country-level data and combines previous approaches permitting the 
stud of a "bicausal" relationship between economic decisions and religion. Specifically, according to 
&I the beneficiary demonstrated that higher religious activity correlates with hi her income, 
supporting a social capital view that religious attendance promotes networking. d asserts that 
these findings "can be used to encourage participation in religious activity worldwide" but does not 
provide any examples of this work being cited for this purpose. Moreover, the data is limited to 
households in Mississippi and does not explain how data obtained solely from this limited 
area is applicable "worldwide" without further study to confirm this correlation beyond the limited area 
where the survey was conducted. Thus, once again, is speculating as to potential future 
applications of ths work rather than providing examples of its actual influence. Finally, it appears from 
the record that this article was only "in press" as of the date of filing. At best, it had just been 
published. 
~ext, discusses the beneficiary's article on natural gas regulation in the industrial sector. 
According to the beneficiary used a "unique disequilibrium modeling technique of supply and 
demand in natural gas markets" to demonstrate that deregulation reversed the historical downward 
trend in both the demand and supply of natural gas. asserts that this work is important 
because it both describes a modeling technique that can be used to assess the performance of other 
markets and, unlike past research that examines the effect of newly imposed regulations, the beneficiary 
focused on how deregulation affects markets. 
Finally, discusses the beneficiary's current research that was pending publication as of the 
filing date. While the beneficiary had presented this work at Missouri Valley Economic Association 
annual meetings, the record does not demonstrate that these meetings attract a broad international 
spectrum of attendees. As this work had yet to be widely disseminated as of the date of filing, it cannot 
be considered evidence of the beneficiary's international recognition as of that date. See 8 C.F.R. 
$5 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. at 49. 
Page 9 
, Chair of the petitioner's Economics and Finance Department, provides similar 
information, explaining that the beneficiary's research on natural gas demonstrated that the natural 
gas industry is no longer a "natural monopoly" and that the "regulations existing in the industry 
should reflect that." While also discusses his current research with the beneficiary, that 
research had yet to be published as of the date of filing. 
In response to the director's request for additional evidence, - Director of Financial 
Assistance at the petitioning university, asserts that he is utilizing the beneficiary's research on 
students and credit: This leier does not demonstrate the beneficiary's impact beyond the petitioning 
university. speculation regarding potential future use of the beneficiary's research does 
not demonstrate that the beneficiary has already impacted the field. Similarly, 
 the 
petitioner's student employment coordinator, asserts that he finds the petitioner's research on 
employment and academic performance, published after the date of filing, useful. Once again, this 
letter does not establish the beneficiary's international recognition as outstanding as of the filing 
date. 
The petitioner also initially submitted letters from individuals beyond the beneficiary's circle of 
colleagues, most of whom reiterate the information provided in the letters discussed above. In 
addition,, Dean of the College of Arts and Sciences at the University of Missouri- 
Kansas City, speculates that the beneficiary's research on college student credit "will have national 
and international implications as states and countries around the world begin to look at finance 
education beginning as early as elementary school." does not identify a single school 
jurisdiction that has cited the beneficiary's work in their development of a finance curriculum. 
Also, asserts that he was "especially impressed" with the model developed in the 
beneficiary's natural gas paper. He does not claim to have used this model or identify any other 
economist who has done so. further states: "I suspect many in the field will be 
convinced that the natural gas industry is no longer a natural monopoly and that the competitive 
market could be extended worldwide." does not provide examples of how this work 
has already impacted the debate on energy regulation. 
- references an article purportedly by the beneficiary published in 2006 in the 
Southwestern Economic Review entitled "How Does Employment Affect Academic Performance 
Among College Students." This article, however, is not in the record or listed on the beneficiary's 
curriculum vitae. Rather, the beneficiary authored an article on student credit card use in the Kansas 
Policy Review in 2006 and authored an article with the title referenced by that, as of the 
date of letter in 2007, had only been accepted for publication in the Journal of 
Economics. Thus, the evidentiary weight of 
 letter is somewhat diminished. 
In response to the director's request for evidence other than reference letters, the petitioner submitted 
a letter from, Team Leader for the Natural Gas Analysis Team at the Energy 
Information Administration of the U.S. Department of Energy. asserts that he was 
Page 10 
"drawn to" the beneficiary's article on natural gas, which "contributes greatly to the existing 
literature on natural gas deregulation by showing that deregulation had a positive impact on both 
demand and su~~lv in the industrv and further acted to reverse a historical downward trend in each." 
- kiplains that "reports, such as that produced by [the beneficiary] have significant 
potential use for policymakers considering programs of possible deregulation." (Emphasis added.) 
The fact that reports such as the one produced by the beneficiary have the potential to impact 
policymakers does not in any way suggest that the beneficiary's report individually did, in fact, 
impact policymakers. Rather, he states that her research "can" provide important insights. Finally, 
- discusses how the beneficiary's research results might impact policy decisions but 
provides no examples of any state or federal body relying on the beneficiary's work in the 
deregulation debate. Moreover, minimal awareness of the beneficiary's work at the U.S. Department 
of Energy does not suggest that the beneficiary enjoys international recognition as outstanding. 
Director of Regulatory and Energy Services for Midwest Energy, asserts that he 
finds the beneficiary's research on natural gas "valuable." More specifically, he concludes that there 
are "opportunities to follow-up this study." He does not provide examples of studies being 
conducted based on the beneficiary's results or suggest that Midwest Energy has enacted any policies 
based on her work. Furthermore, awareness of the beneficiary's work at Midwest Energy does not 
suggest international recognition of the beneficiary's work as outstanding. 
, an associate professor at Millersville University, asserts that one of her 
graduate students is utilizing the beneficiary's credit card survey. While this letter suggests some 
interest in building on the beneficiary's work, it does not suggest that the beneficiary's work is 
already widely viewed internationally as outstanding. 
a senior lecturer at Edith Cowan University in Australia, requested a copy of a 
reprint of one of the beneficiary's articles published after the date of filing. Subsequently, Dr. 
provided a letter of support. 
 notes the "ongoing worldwide financial market 
turmoil" and asserts that the beneficiary's work on students and credit cards "is of interest not only in 
the U.S. but also to Australia readers." then discusses the beneficiary's work published 
after the date of filing. Such work cannot be considered. See 8 C.F.R. $5 103.2(b)(l), (12); Matter 
of Katigbak, 14 I&N Dec. at 49. does not provide any examples of Australian or other 
economists relying on the beneficlary's work to formulate student credit policies or student financial 
education. 
The petitioner then provided letters fkom economists in Norway, China and the United Kingdom. 
All of the authors indicate that their letter is based on a requested review of the beneficiary's 
curriculum vitae and research articles. None of them suggest that they had ever heard of the 
beneficiary prior to being asked to provide a reference letter. Thus, none of these letters demonstrate 
the beneficiary's international recognition as outstanding. 
While the beneficiary's research is no doubt of value, it can be argued that any research must be 
shown to be original and present some benefit if it is to receive funding and attention from the 
economic community. Any Ph.D. thesis or postdoctoral research, in order to be accepted for 
graduation, publication or funding, must offer new and useful information to the pool of knowledge. 
The record does not establish that the beneficiary's work has been recognized internationally as 
outstanding. 
Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with 
international circulation) in the academic field. 
The petitioner submitted evidence that the beneficiary had, as of the date of filing, published an article 
in The Journal of ~ocio-~conomics,~ Energy Economics, the Southwestern Economic Review and the 
Kansas Policy Review. In its editorial announcing its 31St year, The Journal of Socio-Economics 
asserts: 
We aim to be a journal that is both high quality and highly relevant. We hope, we are 
on the right track and we welcome comments and suggestions from our authors and 
readers in our ongoing efforts to build the Journal of Socio-Economics into one of the 
profession's leading innovative publications. 
While the Internet materials provided by the petitioner for this journal and Energy Economics list prices 
for Europe, Japan and Iran, the record lacks evidence of the journal's circulation outside the United 
States. 
The Southwestern Economic Review is published by the Department of Economics at Texas Christian 
University and the record contains no evidence that it enjoys an international circulation. Finally, the 
record contains no evidence that the Kansas Policy Review enjoys an international circulation. 
In response to the director's request for additional evidence, including evidence that other authors have 
cited the beneficiary's work, the petitioner submitted evidence that, after the date of filing, the 
beneficiary posted her articles on the Social Science Research Network (SSRN), which includes over 
201,400 scholarly working papers and forthcoming papers and over 162,700 full texts available for 
download. The petitioner did not provide any evidence that the beneficiary has been cited. Rather, the 
petitioner submitted an electronic-mail request for the beneficiary's credit card survey and a reprint 
request via electronic-mail. 
The director concluded that the petitioner had not established that the beneficiary has "a strong record 
of citation and acceptance" by others in the field. On appeal, counsel asserts that the director erred in 
considering the quantity of publications and citations rather than "their significance." Counsel asserts 
2 
 The record suggests that this article was only "in press" as of the date of filing. 
that the beneficiary has published in "major international journals that are among the top in her field of 
research." 
The unsupported assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533, 534 n.2 (BIA 1988); Matter of Laureano, 19 I&N Dec. 1, 3 n.2 (BIA 1983); Matter ofRamirez- 
Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). As of the date of filing, the petitioner had only published 
three articles and had a fourth article "in press." Two of the beneficiary's published articles are in what 
appear to be regional publications and the "in press" article was in a journal with an "aim" to be a top 
journal. The record contains no evidence that the beneficiary's work has been cited. The two inquiries 
into the beneficiary's work are minimal and far from indicative of international recognition as 
outstanding. 
The Department of Labor's Occupational Outlook Handbook, 2008-2009 (accessed at 
www.bls.novloco on May 21, 2009 and incorporated into the record of proceedings), provides 
information about the nature of employment as a postsecondary teacher (professor) and the 
requirements for such a position. See www.bls.novlocolocos066.htm. The handbook expressly states 
that faculty members are encouraged to perform research and publish their work and that the 
professor's research record is a consideration for tenure. Moreover, the doctoral programs training 
students for faculty positions require a dissertation, or written report on original research. Id. This 
information reveals that original published research, whether arising from research at a university or 
private employer, does not set the researcher apart from faculty in that researcher's field. 
We concur with the director's conclusion that the beneficiary's minimal publication record, 
unsupported by evidence of citations or other evidence of influence, is not indicative of or consistent 
with international recognition as an outstanding professor or researcher. 
The petitioner has shown that the beneficiary is a talented and prolific researcher, who has won the 
respect of her collaborators, employers, and mentors, while securing a minimal degree of international 
exposure for her work. The record, however, stops far short of elevating the beneficiary to the level of 
an alien who is internationally recognized as an outstanding researcher or professor. Therefore, the 
petitioner has not established that the beneficiary is qualified for the benefit sought. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. tj 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be 
dismissed. 
ORDER: The appeal is dismissed.