identifiing - PDF document

1 identifiing data deleted to prevent cle
identifiing data deleted to prevent clearly unwarranted invasion of personal privac) U.S. Department U.S. Citizenship PUBLK: COPY LIN 08 032 Alien of Extraordinary Ability Pursuant 203(b)(l)(A) of the Immigration and Nationality Act, 8 U. S.C. § 1 1 53(b)(l)(A) ON BEHALF OF PETITIONER: INSTRUCTIONS: This fj the specific I-290B, Motion, with a fee days of the decision DISCUSSION: The emplo yment-based visa petition denied by Director, Nebraska Service Center before the appeal will a wholly Raytheon provides scientific commercial customers worldwide. seeks to beneficiary as an employment-based immigrant to section 203(b)(l)(A) Act), 8 § 1153(b)(l)(A), as an determined established that sustained national international acclaim necessary as an extraordinary ability. More demonstrate the

2 beneficiary's internationally recognized
beneficiary's internationally recognized that he meets 5 204.5(h)(3). The director also found beneficiary's eligibility through the fj 204.5(h)(4). appeal, counsel argues petitioner submitted comparable evidence the beneficiary's extraordinary ability reference letters 0 204.5(h)(4). Section 203(b) pertinent part, that: (1) Visas shall first . . qualified immigrants aliens described following subparagraphs (A) through with extraordinary subparagraph if alien has extraordinary ability sustained national international acclaim whose achievements have extensive documentation, (ii) the seeks to extraordinary ability, alien's entry States will substantially benefit United States. Immigration Services (USCIS) legacy Immigration Service (INS) have consistently recognized that Congress intended a very high s

3 tandard for individuals seeking immigran
tandard for individuals seeking immigrant visas as aliens extraordinary ability. 1991). As this section, ability" means a level indicating that that small who have risen to the 204.5(h)(2). specific requirements for The regulation 5 204.5(h)(4) the above standards do not readily apply the beneficiary's occupation, the evidence to 2007, seeks to classify an alien with "extraordinarv abilitv relates to part support as a ~enio; Technical Support 11." Technical Development, Raytheon Company (RTSC), As part Raytheon programs, RTSC produces, markets software tools process information relating to the design life support commercial hardware. This overarching overarching is termed Integrated Logistic The software tools support international processes that international standards. The use define the busines

4 s processes allows companies around redu
s processes allows companies around reducing costs the manufacturers commercial end-users. communities include Defense Industries (ASD) S 1 S1000D is a comprehensive technical publications all aspects creating, maintaining publishing a dataset graphics standards are capability to integrate . . . . for technical publications utilizes a common produced to establish standards international standards SGMLtXML and COM for production specification describes is coded Markup Language (XML) a database. The data can be linked and with other military Logistics Support Analysis Record Raytheon has developed an LSAR fi-om which technical documentation declaration submitted the director's request for evidence, extraordinary ability business relates to the S1000D integrated logistic there are nor are there publish

5 ed materials scholarly publications abou
ed materials scholarly publications about military-related person that matter, nor there participation in others in field, nor scholarly published contributions, nor there display the alien's artistic exhibitions is there nor evidence Beneficiary's commercial success to United Kingdom, prefer to keep specific information that may foregoing categories Raytheon a United contractor. Our to supply systems to assist Defense protect America. As such, we assert that criteria do readily apply Beneficiary's occupation his work with S1000D we urge USCIS submitted, additional comparable evidence to establish the Beneficiary's narrowly define as part support." While engineering integrated logistics support occupation. Rather, 1000D a standard "specification for technical publications" documentation for vehicles equipm

6 ent. The self-serving nature -1 ten cr
ent. The self-serving nature -1 ten criteria to the beneficiary's 8 204.5(h)(4). upon which his why the 8 204.5(h)(3)(ix) or the "leading br critical role" criterion at 8 C.F.R. 9 204.5(h)(3 do not to the beneficiary's the aerospace industries. For instance, ) applicable to corporation such Raytheon raises the the defense contracting however, that regulations require recognized achievements 203(b)(l)(A)(i) of the Act, 8 U.S.C. 8 1153(b)(l)(A)(i), and 8 C.F.R. 8 204.5(h)(3). letter does beneficiary was purportedly able achieve sustained national international acclaim if the regarding his achievements consisted closely held proprietary proof is evidence to support relying solely ii-om selected by Ad provides: critical role." ~urther, opinions are information contained letter only pro

7 vides further support finding that regul
vides further support finding that regulatory criteria applicable to S1000D various governments. Thus, original development SlOOOD specification by others a solid example an original major significance field as 5 204.5(h)(3)(v). The regulation 5 204.5(h)(4) "comparable evidence" only if ten criteria readily apply to the beneficiary's occupation." In this case, the regulatory 5 204.5(h)(4) comparable evidence, as there indication that eligibility for beneficiary's occupation technical support engineer, logistician, by the ten 5 204.5(h)(3). simply unable to regulatory criteria, 5 204.5(h)(4) allow for comparable evidence. evaluate the However, even submitted evidence demonstrating that regulatory criteria did not apply to the cannot conclude that reference letters are to the recognition specified

8 5 204.5(h)(3). While reference lette
5 204.5(h)(3). While reference letters usehl alien's qualifications certain evidence, letters a substitute alien's achievements required by required evidence creates 5 103.2(b)(2)(i). sought requires sustained national recognized achievements 203(b)(l)(A)(i) of the Act, 8 U. S.C. 5 1153(b)(l)(A)(i), and 8 C.F.R. 5 204.5(h)(3). commentary for provide that "intent standard be set extraordinary ability extensive documentation that required" for lesser classifications. 30703, 30704 Primary evidence achievements and recognition value than expressed by professional acquaintances. Kingdom Ministry ~efence (UK MOD), [The beneficiary] is a serving Chief Technician with During much he has worked Logistics analysis including electronic documentation has gained extremely high level military equipment [

9 the beneficiary] has Support Analysis t
the beneficiary] has Support Analysis techniques Log beneficiary] has expert knowledge Interactive Electronic Technical 1 Specification. He S1000D. . . [The beneficiary] being a consultant Def Stan SlOOOD, and S2000M. He has also managed the acceptance of S1000D Interactive Electronic Technical Publications identi& problem areas fiont. Since 1998, 1998, beneficiary] has implemented SlOOOD with several U.S. customers. This experience provides Raytheon their customers iLog software tool consultant having excellent knowledge These achievements achievements beneficiary's] extraordinary relates to S1000D military integrated logistical support the beneficiary's expertise is acknowledged by his significantly impacted beyond his immediate projects a manner consistent with sustained national internat

10 ional acclaim. acclaim. beneficiary] dur
ional acclaim. acclaim. beneficiary] during my latter years in Force when he was embarking a project that was implementing S1000D. I am familiar with (ASTOR) project that been working the U.S., U.S., beneficiary] provided advice and assistance to the defense contractors ASTOR L-3 Communications extraordinary ability producing technical documentation to S1000D the contractors contract to 1000D compliant Interactive Electronic Technical Publications which used by fiont line war fighter. This was extraordinary achievement because not previously produced electronic publications Systems, states: [The beneficiary] has demonstrated SlOOOD specification to produce electronic technical manuals for a system. Working with the technical publication Raytheon Electronic Systems here Raytheon Systems Limited th

11 e UK his guidance critical to the assist
e UK his guidance critical to the assisting personnel Of the two training associated with producing S1000D for Airbus, Raytheon Technical Services Company. This selection the strength their service support record, 1000D. beneficiary] has been working Astronautics for about 4 A400M our difficultly fall behind schedule. He program forward. 2008 he delivered given us a basic understanding allowed us to recover the schedule [The beneficiary] proven extremely valuable goal to S1000D and hard-to-find skill sets as to do business S1000D arena with Airbus The beneficiary's work with Astronautics Corporation America post-dates petition. A petitioner, however, the beneficiary's eligibility the time $8 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Regl. Cornmr. 1971). Accordingly, the AAO no

12 t consider beneficiary's work with Astro
t consider beneficiary's work with Astronautics a May 12, fiom -~ Advisor for Supportability Weapons System MK15 for Life - Raytheon ~issile Systems, stating: [The beneficiary] principle advisor lead for Manuals (IETM's) fkom to a S 1 compliant MILSTD product. This conversion is to serve as the foundation for and U.S. Army weapon systems IETM's. program was chosen as the considered to to was to stress the conversion process to maximum extend [sic] before allowing systems to 1000D standard. Raytheon possessed no experts on SlOOOD, with exception exception beneficiary]. His expertise, unselfish dedication uncompensated time, patience with training a technical writers over 27 accumulated technical been immeasurable to our and has a direct product for men and services. This transition to will result

13 savings to our defense budget, increase
savings to our defense budget, increase for sales to service members become more proficient. classification have USCIS specifically accept 5 204.5(h)(3) established through through documentation meeting at ten criteria. specific documentation beyond mere testimony, published material specific nature documentation required, regulation at C.F.R 8 204.5(h)(3)(iii) and author" published material about The only criterion for which letters specifically relevant to the alien's leading for an organization with a C.F.R 5 204.5(h)(3)(viii). the role the alien was hired to fill. According to 8 C.F.R 5 204.5(g) letters fiom acceptable evidence experience.' While 5 204.5(h)(4) apply" to alien's occupation, regulation neither nor implies opinion letters attesting to the alien's to the strict documentat

14 ion regulations setting forth submitted
ion regulations setting forth submitted by colleagues are comparable recognition required by the 5 204.5(h)(3). The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that alien can establish sustained acclaim through evidence one-time achievement (that recognized award). Barring the alien's regulation outlines be satisfied for an sustained acclaim necessary qualify as an alien ability. A petitioner, cannot establish the beneficiary's eligibility for submitting evidence that simply relates to at least 5 204.5(h)(3). determining whether a specific criterion, the evidence itself is indicative of or consistent with sustained national international acclaim. lower evidentiary standard the regulatory definition ability" as indicating that small percentage risen to the 5 204.5(h)(2). petitioner has submitted evid

15 ence pertaining 5 204.5(h)(3).~ field
ence pertaining 5 204.5(h)(3).~ field for classzjication require outstanding achievements their members, international experts that membership association meets criterion, a association requires outstanding achievement as an essential condition membership. Membership requirements a given experience, standardized test scores, recommendations as such requirements note, however, employer to C.F.R 5 204.5(h)(3)(viii). the criteria not discussed field. With the beneficiary's the reference letters specify exactly logistics have been, nor contributions his field. regulation at 8 204.5(h)(3)(v), alien's contributions be not presume that thus, that some meaning. While the beneficiary S1000D demonstrating that his work business- field. For beneficiary's influence logisticians nationally nor does that ei

16 ther has somehow as a his work. Without
ther has somehow as a his work. Without documentation showing that the beneficiary's has been influential, highly acclaimed his field, has otherwise risen original contributions we cannot conclude that Evidence that peformed critical role for organizations distinguished reputation. beneficiary was selected the reputation entity that In other such significance the alien's in and consistent with national became acquainted acquainted beneficiary] in the spring of 2000 when ASTOR Tech Publication that time, [the beneficiary] become an The purpose team was electronic technical publication (IETP) to support the service ASTOR The TETP proposed some great challenges for Tech Pub first time the Tech Pubs team SlOOOD the Tech team began to understand ASTOR became apparent that S1000D play an integral integral be

17 neficiary] was a key member of the team,
neficiary] was a key member of the team, his outstanding knowledge S1000D the team IETP. [The continuing support meet and milestones through IETP development. Integrated Systems, states: association with with beneficiary], he provided Raytheon his understanding how DEFSTAN requirements affected S1000D. He provided direction during considering the evidence to meet each criterion separately with a review the evidence the aggregate. the aggregate, the evidence does not distinguish the beneficiary the small percentage has risen 8 C.F.R. § 204.5(h)(2). appeal, counsel additionally argues the beneficiary's behalf shows the statutory regulatory requirements for immigrant classification an alien We do not find subsequent approval immigrant visa. Each a case-by-case USCIS nonimmigrant visa approval does USCIS

18 denying an visa petition based on a if
denying an visa petition based on a if similarly standard. It be noted that 1-140 immigrant petitions USCIS nonimmigrant petitions. e.g., Q Data Consulting, Inc. v. INS, 293 F. Supp. 26 (D.D.C. 1999); Fedin Brothers Co. Ltd. v. Suva, 1 103 (E.D.N.Y. USCIS spends less time reviewing 1-1 petitions than 1-140 immigrant petitions, petitions are simply Inc. v. INS, 293 F. Supp. 2d at 29-30; see also Texas A&M 99 Fed. Appx. WL Cir. 2004) prior approvals USCIS an extension the original visa the beneficiary's qualifications). petitions where eligibility has demonstrated, merely prior approvals e.g., Church Scientology I&N Dec. 593, 597 (Comm. 1988). USCIS treat acknowledged binding precedent. Sussex Engg. Ltd. v. Montgomery, 825 F.2d 1090 (6th Cir. 1987), denied, 485 U.S. (1 988)

19 . AAO's relationship between a ahd i
. AAO's relationship between a ahd if a service center director has approved AAO would not the contradictory decision Philharmonic 282785 (E.D. La.), affd, 248 F.3d 1139 (5th Cir. 2001), cert. denied, 122 S.Ct. the record does beneficiary has distinguished himself such an that he may be have achieved sustained national international acclaim to be within the small percentage his field. is not persuasive that beneficiary's achievements significantly above almost all his field a national Therefore, the petitioner has not established beneficiary's eligibility to section 203(b)(l)(A) Act and may not be approved. AAO maintains plenary power to each appeal on de 5 U.S.C. 8 557(b) decision, the agency has all the powers the initial decision except as on notice by rule."); F.2d 1991). The AAO's de