The Petitioner, a travel and tourism expert, seeks classification as an individual of extraordinary ability in business. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first preference classification makes immigrant visas available to those aliens who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation. Id. SCOPS denied the petition, concluding that the record did not establish the Petitioner bas a one-time achievement (that is, a major internationally-recognized award) or meets at least three of the ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3). SCOPS also concluded that the Petitioner failed to establish her entry would prospectively substantially benefit the United States. The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3.
The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de novo. Matter of Christa 's, Inc., 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will dismiss the appeal.
Law
To establish eligibility as an individual of extraordinary ability, a petitioner (or anyone on the petitioner's behalf) must establish that they:
- Have extraordinary ability in the sciences, arts, education, business, or athletics;
- Seek to enter the United States to continue work in their area of extraordinary ability; and that
- Their entry into the United States will prospectively substantially benefit the United States. Extraordinary ability must be demonstrated by evidence of sustained national or international acclaim as well as extensive documentation that the petitioner's achievements have been recognized in the field. Section 203 (b)(1) of the Act.
The implementing regulation further states that the term "extraordinary ability" refers only to those aliens in "that small percentage who have risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). A petitioner can demonstrate that they meet the initial evidence requirements for this immigrant visa classification through evidence of a one-time achievement (that is, a major, internationally recognized award). 8 C.F.R. § 204.5(h)(3). If such evidence is unavailable, then they must alternatively provide evidence that meets at least three of the ten listed criteria, which call for evidence about lesser awards they may have received, published material about them in qualifying media, and their authorship of scholarly articles, among other types of evidence. Id.
Where a petitioner meets these initial evidence requirements, we then consider the totality of the material provided in a final merits determination, assessing whether the record shows that the alien possesses the acclaim and recognition required for this highly exclusive immigrant visa classification. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) (discussing a two-part review where the documentation is first counted and then, if fulfilling the required number of criteria, considered in the context of a final merits determination); see also Amin v. Mayorkas, 24 F.4th 383, 394 (5th Cir. 2022).
Analysis
The Petitioner is the chief executive officer (CEO) of her travel services company in Nigeria,._!_ __, and she seeks to continue her work in the travel and tourism field in ~----------~ the United States. She asserts that her professional experience and achievements establish she is an individual of extraordinary ability. As mentioned, SCOPS concluded that the Petitioner did not establish she has a one-time achievement (that is, a major internationally-recognized award) or meets at least three of the ten evidentiary criteria at 8 C.F .R. § 204.5(h)(3 ). On appeal, the Petitioner does not contest SCOPS' finding that she does not have a one-time achievement. Rather, she claims that SCOPS made erroneous conclusions of law and fact in finding that she did not meet at least three of the evidentiary criteria. We will now discuss the Petitioner's claims related to the evidentiary criteria. A. Evidentiary Criteria
Because the Petitioner has not indicated or established that she received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). SCOPS concluded that the Petitioner met only two ofthe six evidentiary criteria for which she submitted evidence. Specifically, SCOPS determined that the Petitioner has published material about her relating to her work in the field and participated as a judge of the work of others in the same or an allied field of specialization. 1 On appeal, the Petitioner asserts she meets the evidentiary criteria relating to:
- Receipt of lesser or nationally or internationally recognized prizes or awards for excellence 1 We will not address whether SCOPS correctly made these findings, as positive findings would not result in the Petitioner meeting at least three of the regulatory categories of evidence. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam) (holding that that agencies are not required to make ·'purely advisory findings" on issues that are unnecessary to the ultimate decision).
- Memberships in associations in the field in which classification is sought which require outstanding achievements of their members as judged by recognized national or international experts in the field
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field
- Performance in a leading or critical role for organizations with a distinguished reputation For the reasons discussed below, the Petitioner has not demonstrated she meets at least three of the regulatory categories of evidence. 2
1. Evidence of Lesser Nationally or Internationally Recognized Prizes or Awards The regulation at 8 C.F.R. § 204.5(h)(3)(i) calls for "[d]ocumentation of the alien's receipt oflesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." We first determine whether the alien is the recipient of prizes or awards, and then whether the award is nationally or internationally recognized and was granted based upon excellence in the alien's field of endeavor. See generally 6 USCIS Policy Manual F.2(B)(l), www.uscis.gov/policy-manual.
The Petitioner states that she received an award in 2018 for being a top tourism personality in Nigeria. An October 2017 letter from the publisher of I Ito the Petitioner provides that she has been selected as one ofthe Top 100 Tourism Personalities in Nigeria byl I I Ithe first travel magazine in West Africa. The publisher states that the list recognizes individuals for distinguishing themselves as foremost and outstanding drivers in the Nigerian travel and tourism industry, positively impacting the Nigerian travel and tourism sector, helping achieve the country's tourism goals, and forging interactions among stakeholders and customers across the country. He mentions that the Petitioner will be issued a certificate of recognition and induction into the I Iand this is the second edition of the list, with the first one being in 1999 and the second one updating it almost two decades later. The Petitioner has submitted an online D article providing that she was listed by I Ias one of the Top 100 Tourism Personalities in Nireria. The record includes a Certificate of Induction for the Petitioner into the 2018 I and online articles from the.__ _________________.listing her name on the Top 100 Tourism Personalities list. In reviewing this evidence, the Petitioner has not established that she received a prize or award, rather she was named to a list and received a certificate of induction into a club related to the list. Even if she established that she received a prize or award, the record does not establish national or international recognition. Of note is the fact that the list was not updated in nearly two decades. Also, the list being mentioned in online newspapers is insufficient evidence to establish the requisite recognition. See Negro-Plumpe v. Okin, No. 2:07-CV-820-ECRRJJ, 2008 WL 10697512, at *2 (D. Nev. Sept. 9, 2008) (upholding awards mentioned in a major German newspaper insufficient to establish the national or international recognition).
The Petitioner mentions that she received an award in 2023 for her work in tourism, which was conferred by.__ ________.on World Tourism Day, and it was referenced inl I and social media platforms. The founder o~ Istates that it promotes tourism-related services; they recognized the Petitioner in the 2023 Top 100 Tourism Power List in the D 2 While we do not discuss each piece of evidence individually, we have reviewed and considered the record in its entirety. p. 4 ~----~Icategory, which celebrates trailblazers, innovators, and advocates; and the selection is based on an individual's impact, innovation, leadership, and dedication to enhancing Nigeria's tourism industry. She also mentions that the power list was launched in 2023. In reviewing this evidence, the Petitioner has not established that she received a prize or award, rather she was named to a list. Even if she established that she received a prize or award, the record does not establish it is for excellence in the field of endeavor or has national or international recognition. The record reflects that this list is to celebrate trailblazers, innovators, and advocates based on impact, innovation, leadership, and dedication to enhancing Nigeria's tourism industry. While the list is based on important accomplishments, the record does not establish that it is based on excellence in the field of endeavor. The record shows that this was the first year of the list and the Petitioner has not shown how it has received national or international recognition.
The Petitioner states that she made thel Isa female tourism personalities list as part of the 2024 International Women's Day Celebration, and it was published i~ I A copy of theI IMagazine article and an Instagram post celebrating the top 50 Nigerian female tourism personalities are in the record. For the same reasons as the other list from this organization, the record does not establish that making this list meets the criterion.
The Petitioner has included her 2021 tourism sector Award from the L________....1--'-'~=="-~;;...;...;;."'-'-~-'-=~=...;;..="-='-L-----/ The record includes he-.__
,---,__ __________
~------~ktourism sector) Award and a letter from the providing that the award is for exceptional leaders in management consulting across various sectors. While the award is related to excellence in the tourism sector, the record does not include sufficient evidence that it is nationally or internationally recognized.
The Petitioner mentions receipt of a 201 7 I IA ward which recognizes contributions to travel education and industry development; I is a recognized training institution within Nigeria's aviation and tourism sectors; and the selection process is conducted by I lexpert faculty consisting of senior aviation professionals, travel consultants, and tourism executives. The Petitioner has submitted a picture of herl IAward from the I Iwhich is for her meritorious services to the institution and development of the travel industry. While the award is based on important accomplishments, the record does not establish that it is based on excellence in the field of endeavor and that it is nationally or internationally recognized.
Next, the Petitioner has submitted her of Nigeria
I I2018~-----------------'Award. The record does not include evidence establishing this is a nationally or internationally recognized prize or award for excellence in the field of travel and tourism. Finally, the record includes evidence that her company won an African Top 100 I laward and a 20171 Iaward froml I
However, these two awards are not for the Petitioner as an individual, and the latter is only a nomination.
Accordingly, the Petitioner did not show she satisfies this criterion.
2. Evidence of Membership in Associations Requiring Outstanding Achievements of Members The regulation at 8 C.F.R. § 204.5(h)(3)(ii) calls for "documentation of the alien's membership in associations in the field for which classification is sought." In addition, the association must require "outstanding achievements oftheir members, as judged by recognized national or international experts in their disciplines or fields." Once membership in a qualifying association has been established, we determine whether the association requires those at the alien's level of membership to have attained outstanding achievements in the field. See generally 6 USCIS Policy Manual F.2(B)(l), www.uscis.gov/policy-manual.
The record includes a certificate for the Petitioner from theDwhich establishes her membership as a fellow due to outstanding academic an1 prot~ssional standing and high standards rmragement consulting practice. Information from the provides that to become a fellow at the one needs at least seven years of experience in management consulting and outstanding contributions to the field of management consulting, management science, economics, technology, or any field of human endeavor directed towards the promotion of good management. As this is not a membership in an association in the Petitioner's field of travel and tourism, we need not address the selection process detailed on appeal. See INS v. Bagamasbad, 429 U.S. at 25.
The record shows that the Petitioner was admitted as a fellow to the .__ ___________
The Petitioner has not established this is an association in her field of travel and tourism, and that it requires outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
The Petitioner mentions that she is a member of the
I l but the membershi certificate lists the.__P_e-ti-ti_o_n_e_r,-s-c--o-m-p-an_y_.-T-h-er_e_fi-or_e_,_s_h_e_1_· s_n_o_t___.a member individually of Furthermore, while the Petitioner has submitted a certificate of membership with the '---------------~ she has not provided evidence that this association requires outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
Accordingly, the Petitioner did not show she satisfies this criterion.
3. Original Contributions of Major Significance
The regulation at 8 C.F.R. § 204.5(h)(3)(v) calls for "evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field." A petitioner may show that their contributions have been widely implemented throughout the field, have remarkably impacted or influenced the field, or have otherwise risen to a level of major significance. See Visinscaia, 4 F. Supp. 3d at 134-35. Relevant evidence of the significance of an original contribution may include, but is not limited to:
- Published materials about the significance of the alien's original work;
- Letters providing details about how the alien's original work has been significant in the field;
- Citation of the alien's published scholarly work at a level indicative of major significance; and
- Patents or licenses deriving from the alien's work or evidence of its commercialization. p. 6 See generally 6 USCIS Policy Manual F.2(B)(l), www.uscis.gov/policy-manual.
The Petitioner states that she has pioneered a course on tour package creation. She states that over 500 professionals have completed the course and graduates from the course have launched startups generating over $500,000 and created more than 100 jobs. While the record does not include supporting evidence of these numbers, it does include tour package preparation exercises, multiple letters from former students of her academy who now own their own travel businesses, and a course packet for creating tour packages and buildinf itineraries from th~ la training arm ofl However, the Petitioner has not established how her course, which helps train individuals in running a travel business, is an original contribution to her field. Additionally, the record does not establish that her contributions have been widely implemented throughout the field, have remarkably impacted or influenced the field, or have otherwise risen to a level of major significance.Past record does not show influence or success
The Petitioner also mentions that she collaborated with key stakeholders and co-launched Nigeria's first virtual tourism experience, which resulted in higher international tourist arrivals and domestic travel. The record includes an article called! I While the article makes one reference to the Petitioner's company, it does not mention the Petitioner or detail her role in contributing to virtual tourism. We also note the lack of supporting evidence ofhigher international tourist arrivals and domestic travel from her claimed contribution. The Petitioner has not established that her claimed contribution has been widely implemented throughout the field, has remarkably impacted or influenced the field, or has otherwise risen to a level of major significance. Accordingly, the Petitioner did not show she satisfies this criterion.
4. Performed a Leading or Critical Role Original for Organizations with a Distinguished Reputation
The regulation at 8 C.F.R. § 204.5(h)(3)(viii) calls for "evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation." The role may be shown to be leading or critical for a division or department of an organization or establishment, or for the organization or establishment overall. Evidence of a leading role should show that the alien was a leader for the claimed component, and a job title with matching duties may help to establish that a role was leading. For a critical role, evidence should show that the alien has contributed in a way that is of significant importance to the outcome of the organization or establishment's activities or those of a division or department of the organization or establishment. In determining whether the organization or establishment, or a department or division thereof, has a distinguished reputation, relevant factors include its size, longevity, scale of its customer base, and relevant media coverage. See generally 6 USCIS Policy Manual F.2(B)(l), www.uscis.gov/policymanual. The Petitioner states that she is the CEO of her compan ._________________. She claims that she has transformed her company from a startup to one ofNigeria's leading travel agencies with over 10,000 clients. The Petitioner is performing in a leading role for her company as its CEO. The issue is whether her company has a distinguished reputation. As mentioned, relevant factors include size, longevity, scale of customer base, and relevant media coverage. The Petitioner has not p. 7 I provided supporting evidence ofhow many employees she has, the financial state of her company, the amount of business she has done, and the scale of her client list. We acknowledge an interview with the Petitioner from I Iwhere she discusses her company, an article from Iabout her company winning an African Top 1001 Iaward, and her company name being listed next to her name online in the lists she has been selected to. While the Petitioner's company has received some media coverage, the minimal level of coverage in combination with the lack of supporting evidence about the quantitative details of her business results in a determination that she has not established it has a distinguished reputation.
Accordingly, the Petitioner did not show she satisfies this criterion.
B. Final Merits Determination
As the Petitioner cannot fulfill the initial evidentiary requirement of meeting at least three of the criteria under 8 C.F.R. § 204.5(h)(3), the identified reasons for denial are dispositive of the appeal. In addition, because the Petitioner has not met the initial evidence requirement for this classification, as she has not submitted evidence of a one-time achievement or that she meets at least three of the evidentiary criteria under 8 C.F.R. § 204.5(h)(3), we need not provide the type of final merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise that we have reviewed the record in the aggregate, concluding that it does not support a finding that the Petitioner has established the acclaim and recognition required for the classification sought. We also reserve the Petitioner's appellate arguments regarding whether her entry would prospectively substantially benefit the United States as a positive finding would not result in the Petitioner's eligibility for the benefit sought. See INS v. Bagamasbad, 429 U.S. at 25.
ORDER: The appeal is dismissed.
NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.5(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 of the Act through the issuance of a Form I-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.