by Victoria Chen, Esq., J.D.
Background: 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 sustained and the petition will be approved. The petitioner seeks to classify the beneficiary as an “alien of extraordinary ability” pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability in business.
USCIS Decision: The director characterized the beneficiary’s field as wine import and distribution and determined the petitioner had not established that the beneficiary enjoys the requisite national or international acclaim.
AAO’s Decision: The AAO did not find in favor of the petition on the issue of defining his expertise. The AAO opined that as the statute requires evidence of sustained national or international acclaim, a petitioner cannot narrow the alien’s field to such a small group that rising to the top of the group has no meaning. Our review of the record leads us to conclude that the beneficiary’s field is marketing. Even if we limited the beneficiary’s field to wine marketing, it is not appropriate to limit the beneficiary’s field any further to include only those that market a specific type of wine.
1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
The petitioner asserts that the beneficiary’s efforts in contracting with Wal-Mart to sell South African wines constitute a contribution of major significance. The director concluded that the petitioner had not demonstrated that these efforts were recognized as having major significance in the field as a whole. The AAO stated that when considering the beneficiary’s career in the aggregate, however, they were persuaded that the beneficiary meets this criterion.
2. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The beneficiary served as the CEO of the petitioning distributor, one of the largest importers of South African wine into the United States. The AAO opined that the position of CEO is leading or critical for the company. Although the director of USCIS concluded that the petitioner was too new to enjoy a distinguished reputation, the AAO stated that the petitioner, however, has been consistently covered in the media, including a 2003 cover story in a significant California trade journal, for its innovations and success and is one of the largest U.S. importers of South African wines. Thus, we are satisfied that it enjoys a distinguished reputation in South Africa and the United States. Moreover, as noted above, the beneficiary was selected as one of five out of 150 to serve on a WOSA committee, arguably playing a critical role for WOSA. Thus, we are satisfied that the beneficiary meets this criterion.
3. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
The director concluded that the beneficiary meets the regulatory requirements for the published materials criterion set forth at 8 C.F.R. s 204.5(h)(3)(iii) but concluded that the lack of materials after 2003 precluded a finding that they were indicative of sustained acclaim. The AAO concurred with the petitioner on appeal that the evidence submitted to meet a given criterion need not, on its own, establish sustained acclaim as of the date of filing so long as it is indicative of or consistent with sustained acclaim and the remaining evidence supports sustained acclaim through the date when the petition was filed.
The AAO concluded that in this case, the petitioner has satisfied three of the regulatory criteria required for classification as an alien of extraordinary ability. 8 C.F.R. s 204.5(h)(3).
The AAO found that the totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary ability. The petitioner has also established that he seeks to continue working in the same field in the United States and that his entry into the United States will substantially benefit prospectively the United States. Therefore, the AAO determined that the petitioner has overcome the stated grounds for denial and thereby established eligibility for immigrant classification under section 203(b)(1)(A) of the Act and the appeal is sustained.
North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability) and EB1-B (Outstanding Researcher/Professor).
Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend
With 12,000 EB-1A, EB-1B and EB-2 NIW approvals, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.
We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours
With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.
Vast Majority of Clients Came to Us Because of Referrals
For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approvals grew from 600 in 2013 to more than 3,000 in 2017.
Approval Notices: https://www.wegreened.com/eb1_niw_approvals
Success Stories: https://blog.wegreened.com/
Free evaluation email: email@example.com
Tel: 888.666.0969 (Toll Free)
To see more clients’ testimonials and approvals, please refer to: