EB1 Law Review AAO May 01 2013 Decision – Major or Lesser Awards, et. al
EB1 Law Review by Law Offices of Chris M. Ingram
Lesser National or Internationally Recognized Prizes or Awards
In our pursuit of EB1 Green Card and O1 Visa legal excellence we are systematically reviewing every Administrative Appeal Office decision that has been appealed. These cases are not our cases but any and all cases that have been appealed nationally. In continuously reviewing these decisions and learning from them we will continue to be the recognized leaders in EB1 Green Card and O1 Visa legal field as we continue preparing successful cases for aliens of extraordinary ability.
May 1st 2013 – Lesser National or Internationally Recognized Prizes or Awards, et .al (p6-7)
Source Case
Determination of Major or Lesser Award – (May 01 2013 p6-7)
8 C.F.R section 204.5(h)(3)(i) – Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Context
In this case Counsel for Petitioner argued as to whether the consideration of a lesser national or internationally recognized prize or award should be considered within the context of the award being major, since the word major is used in the higher classification in 8 C.F.R section 204.5(h)(3) – “a major, international recognized award”.
AAO Discussion
Congress’ sole example of a one-time achievement is a Nobel Prize *(i). A lesser nationally or internationally recognized prize than the Nobel Prize would still be a major prize. *(ii) noting that Congress entrusted the decision of defining a major award to the administrative process. Moreover, the plain language of 8 C.F.R section 204.5(h)(3)(i) requires that a qualifying award be nationally or internationally recognized.
Conclusion
For 8 C.F.R section 204.5(h)(3)(i) documentation is required to show that the award is nationally or internationally recognized. As to whether an award is major or not Congress has left the administrative process (immigration officers) to decide. Also, 8 C.F.R section 204.5(h)(3)(i) makes reference to the term “prizes or awards” (plural) thus it may take comprehensive documentation the alien having received several prizes or awards to satisfy this category.
*Cases Cited
(i) H.R. Rep. No. 101-723, 59 (September 19, 1990)
(ii) Rijal v. USCIS, 772 F. Supp. 2d 1339, 1345 (W.D. Wash. 2011)
Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. All rights reserved.
Copyright 2013