Law Offices of Chris M. Ingram

    EB1 Law Review AAO December 23 2011 Final Merits Determination, et. al

    EB1 Law Review by Law Offices of Chris M. Ingram 

    Final Merits Determination

    1: a “level of expertise indicating that the individual is one of that small percentage who have risen to the very top of their field of endeavor.” 8 C.F.R § 204.5(h)(2); and

    2: Determination “that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.” 8 C.F.R § 204.5(h)(3)

    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. 
     

    December 23 2011 – Final Merits Test, et .al (p6)

    Home

    Source Case

    Final Merits Determination – (AAO – December 23 2011 – P6)

    Context

    In this case, the Petitioner (Indian), a physician researcher in the field of neuroradiology sought classification as an alien with extraordinary ability. At the time of the petition was made the Petitioner who was working as an Assistant Professor in the Department of Radiology in a university. The Petitioner submitted documentation pertaining to three categories of extraordinary ability yet his case was denied. Upon Appeal to the Administrative Appeals Office (AAO) the initial decision by USCIS was over turned and the Petition was approved.

    The AAO’s main argument in over turning the original decision in this case was due the method of evaluation. It appears that the adjudicating officer did not first consider each of the categories for which evidence was submitted adequately and did not then carry out a “Final Merits” evaluation of all of the evidence combined as established in the landmark case Kazarian 596 F.3d at 1119-20.

    In reviewing this case the AAO first reviewed each of the categories for which evidence was submitted and then demonstrated how in satisfying each category the Petitioner’s achievements did in fact demonstrate that the beneficiary had reached: –

    1: a “level of expertise indicating that the individual is one of that small percentage who have risen to the very top of their field of endeavor.” 8 C.F.R § 204.5(h)(2); and

    2: Determination “that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.” 8 C.F.R § 204.5(h)(3)

    AAO Noted the Following:

    1. The Petitioner submitted extensive documentation of his achievements in the field of radiology and demonstrated a “career of acclaimed work in the field.” *

    2. The submitted evidence was sufficient to demonstrate the petitioner’s sustained international or national acclaim as a radiologist and that his achievements have been recognized in the field of expertise.

    AAO Final Decision

    Having reviewed the entire case and evidence submitted and applying the correct adjudication protocol the appeal was sustained and the petition was approved.

    *Cases Cited

    AAO cited no case law.
    * H.R. Re. No. 101-723, 59 (Sep. 19, 1990).