{"content":[{"text":"SRC 06 800 1 1077 \n Page 2","bbox":{"left":0.10775,"top":0.069853,"width":0.142017,"height":0.037598999999999994}},{"text":"DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition and the matter is \n now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal.","bbox":{"left":0.107729,"top":0.141062,"width":0.8110670000000001,"height":0.037442}},{"text":"The petitioner filed this nonimmigrant visa petition seeking to classify the beneficiary pursuant to section \n 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 l(a)(15)(0)(i), as an alien with \n extraordinary ability in science. The petitioner states that it is engaged in the research and development of fuel \n cell batteries. It seeks to employ the beneficiary as a physical scientist for a period of one year.","bbox":{"left":0.108533,"top":0.195357,"width":0.811125,"height":0.07419600000000004}},{"text":"The director denied the petition concluding that the petitioner failed to establish that the beneficiary had achieved \n sustained national or international acclaim and was one of the small percentage who had risen to the very top of \n his field. In denying the petition, the director noted that the petitioner did not submit evidence to establish any of \n the criteria set forth at 8 C.F.R. 5 214,2(0)(3)(iii)(A) or (B).","bbox":{"left":0.10855,"top":0.286406,"width":0.811324,"height":0.074546}},{"text":"On appeal, the petitioner submits a brief and additional evidence. The petitioner asserts that the beneficiary can \n satisfy at least three of the evidentiary criteria for extraordinary ability in science pursuant to 8 C.F.R. $ \n 2 1 4.2(0)(3)(iii)(B).","bbox":{"left":0.109332,"top":0.376835,"width":0.809727,"height":0.056052000000000046}},{"text":"Section 10 l(a)(15)(0)(i) of the Act provides classification to a qualified alien who has extraordinary ability in the \n sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international \n acclaim, whose achievements have been recognized in the field through extensive documentation, and who seeks \n to enter the United States to continue work in the area of extraordinary ability. The extraordinary ability \n provisions of this visa classification are intended to be highly restrictive. See 137 Cong. Rec. S18247 (daily ed., \n Nov. 16, 1991). In order to establish eligibility for 0-1 classification, the petitioner must establish that the \n beneficiary is \"at the very top\" of his field of endeavor. 8 C.F.R. $ 214.2(0)(3)(ii).","bbox":{"left":0.10933,"top":0.449428,"width":0.812195,"height":0.128245}},{"text":"The regulation at 8 C.F.R. 5 214.2(0)(3)(ii)","bbox":{"left":0.110133,"top":0.591833,"width":0.302924,"height":0.02288699999999999}},{"text":"defines, in pertinent part:","bbox":{"left":0.421306,"top":0.594307,"width":0.176205,"height":0.01944800000000002}},{"text":"Extraordinary ability in thejelds of science, education, business, or athletics means a level of \n expertise indicating that the person is one of the small percentage who have arisen to the very top \n of the field of endeavor.","bbox":{"left":0.169803,"top":0.630603,"width":0.6899949999999999,"height":0.05544300000000002}},{"text":"The regulation at 8 C.F.R.","bbox":{"left":0.110133,"top":0.701812,"width":0.18597800000000003,"height":0.01944800000000002}},{"text":"214.2(0)(3)(iii) states, in pertinent part:","bbox":{"left":0.313576,"top":0.701812,"width":0.27710799999999997,"height":0.01944800000000002}},{"text":"Evidentiary criteria for an 0-1 alien of extraordinary ability in the fields of science, education, \n business or athletics. An alien of extraordinary ability in the fields of science, education, \n business, or athletics must demonstrate sustained national or international acclaim and \n recognition for achievements in the field of expertise by providing evidence of:","bbox":{"left":0.169404,"top":0.738428,"width":0.691924,"height":0.0725030000000001}},{"text":"(A)","bbox":{"left":0.170605,"top":0.830849,"width":0.02560499999999999,"height":0.01944800000000002}},{"text":"Receipt of a major, internationally recognized award, such as the Nobel Prize; or","bbox":{"left":0.230277,"top":0.827774,"width":0.572149,"height":0.01944800000000002}},{"text":"(B)","bbox":{"left":0.170605,"top":0.866501,"width":0.02377299999999999,"height":0.019876000000000005}},{"text":"At least three of the following forms of documentation:","bbox":{"left":0.230277,"top":0.86407,"width":0.39252399999999993,"height":0.01944800000000002}}],"images_bbox":[{"left":0.30076,"top":0.707475,"width":0.006809,"height":0.012304}],"images_bbox_not_text_overlap":[{"left":0.30076,"top":0.707475,"width":0.006809,"height":0.012304}]}