Part F - Employment-Based Classifications

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.^[2]

First, USCIS determines if the person was the recipient of prizes or awards. The description of this type of evidence in the regulation indicates that the focus should be on the person's receipt of the awards or prizes, as opposed to his or her employer's receipt of the awards or prizes.

Second, USCIS determines whether the person has received lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.

Relevant considerations regarding whether the basis for granting the prizes or awards was excellence in the field include, but are not limited to:

• The criteria used to grant the awards or prizes;

• The national or international significance of the awards or prizes in the field; and

• The number of awardees or prize recipients, as well as any limitations on competitors (an award limited to competitors from a single institution, for example, may have little national or international significance).

Membership in associations in the field for which classification is sought that require outstanding achievement of their members, as judged by recognized national or international experts in their disciplines or fields.^[3]

USCIS determines if the association for which the person claims membership requires that members have outstanding achievements in the field as judged by recognized experts in that field.

The petitioner must show that membership in the associations is based on the person being judged by recognized national or international experts as having attained outstanding achievements in the field for which classification is sought. For example, admission to membership in the National Academy of Sciences as a foreign associate requires candidates to be nominated by an academy member, and membership is ultimately granted based upon recognition of the candidate's distinguished achievements in original research.^[4]

Associations may have multiple levels of membership. The level of membership afforded to the person must show that in order to obtain that level of membership, the person was judged by recognized national or international experts as having attained outstanding achievements in the field for which classification is sought.

Relevant factors that may lead to a conclusion that the person's membership in the associations was not based on outstanding achievements in the field include, but are not limited to, instances where the person's membership was based:

• Solely on a level of education or years of experience in a particular field;

• On the payment of a fee or by subscribing to an association's publications; or

• On a requirement, compulsory or otherwise, for employment in certain occupations, such as union membership or guild affiliation for actors.

Published material about the person in professional or major trade publications or other major media relating to the person's work in the field for which classification is sought. Such evidence must include the title, date, and author of the material, and any necessary translation.^[5]

First, USCIS determines whether the published material was related to the person and the person's specific work in the field for which classification is sought.

The published material should be about the person, relating to the person’s work in the field, not just about the person’s employer or another organization that the person is associated with. Marketing materials created for the purpose of selling the person's products or promoting the person’s services are not generally considered to be published material about the beneficiary. However, the person and the person’s work need not be the only subject of the material; published material that covers a broader topic but includes a substantial discussion of the person’s work in the field and mentions the person in connection to the work may be considered material “about” the person relating to the person’s work.

Evidence may include documentation such as print or online newspaper or magazine articles, popular and academic journal articles, books, textbooks, similar publications, or a transcript of professional or major audio or video coverage of the person and the person’s work.

Second, USCIS determines whether the publication qualifies as a professional publication, major trade publication, or major media publication.

Evidence of published material in professional or major trade publications or in other major media publications about the person should establish that the circulation (online or in print) or viewership is high compared to other statistics and show who the intended audience is, as well as the title, date, and author of the material.

The person's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought.^[6]

USCIS determines whether the person has acted as the judge of the work of others in the same or an allied field of specialization.

The petitioner must show that the person has not only been invited to judge the work of others, but also that the person actually participated in the judging of the work of others in the same or allied field of specialization.

For example:

• Peer reviewing for a scholarly journal, as evidenced by a request from the journal to the person to do the review, accompanied by proof that the review was actually completed.

• Serving as a member of a Ph.D. dissertation committee that makes the final judgment as to whether a candidate's body of work satisfies the requirements for a doctoral degree, as evidenced by departmental records.

The person's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.^[7]

First, USCIS determines whether the person has made original contributions in the field.

Second, USCIS determines whether the person's original contributions are of major significance to the field.

Officers must evaluate whether the original work constitutes major, significant contributions to the field. Although funded and published work may be "original," this fact alone is not sufficient to establish that the work is of major significance. For example, peer-reviewed presentations at academic symposia or peer-reviewed articles in scholarly journals that have provoked widespread commentary or received notice from others working in the field, or entries (particularly a goodly number) in a citation index that cite the person's work as authoritative in the field, may be probative of the significance of the person's contributions to the field of endeavor.

Officers should take into account the probative analysis that experts in the field may provide in opinion letters regarding the significance of the person's contributions in order to assist in giving an assessment of the person's original contributions of major significance. That said, not all expert letters provide such analysis. Letters that specifically articulate how the person's contributions are of major significance to the field and their impact on subsequent work add value. Letters that lack specifics and simply use hyperbolic language do not add value and are not considered to be probative evidence that may form the basis for meeting this criterion.

The person's authorship of scholarly articles in the field, in professional or major trade publications or other major media.^[8]

First, USCIS determines whether the person has authored scholarly articles in the field.

As defined in the academic arena, a scholarly article reports on original research, experimentation, or philosophical discourse. It is written by a researcher or expert in the field who is often affiliated with a college, university, or research institution. In general, it should have footnotes, endnotes, or a bibliography, and may include graphs, charts, videos, or pictures as illustrations of the concepts expressed in the article.

For other fields, a scholarly article should be written for learned persons in that field. ("Learned" is defined as "having or demonstrating profound knowledge or scholarship").^[9] Learned persons include all persons having profound knowledge of a field.

Second, USCIS determines whether the publication qualifies as a professional publication, major trade publication, or major media publication.

Evidence of published material in professional or major trade publications or in other major media publications should establish that the circulation (online or in print) is high compared to other circulation statistics and who the intended audience of the publication is.

Display of the person's work in the field at artistic exhibitions or showcases.^[10]

First, USCIS determines whether the work that was displayed is the person's work product.

The description of this type of evidence in the regulation provides that the work must be the person's.

Second, USCIS determines whether the venues (virtual or otherwise) where the person's work was displayed were artistic exhibitions or showcases. Merriam-Webster's online dictionary defines exhibition as a public showing (as of works of art, objects of manufacture, or athletic skill).^[11]

The person has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.^[12]

First, USCIS determines whether the person has performed in a leading or critical role for an organization, establishment, or a division or department of an organization or establishment.

In evaluating such evidence, officers examine whether the role is (or was) leading or critical.

For a leading role, officers look at whether the evidence establishes that the person is (or was) a leader within the organization or establishment or a division or department thereof. A title, with appropriate matching duties, can help to establish that a role is (or was), in fact, leading.

For a critical role, officers look at whether the evidence establishes that the person 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.

A supporting role may be considered "critical" if the person's performance in the role is (or was) important in that way. It is not the title of the person's role, but rather the person's performance in the role that determines whether the role is (or was) critical.

This is one criterion where letters from persons with personal knowledge of the significance of the person's leading or critical role can be particularly helpful to officers in making this determination, so long as the letters contain detailed and probative information that specifically addresses how the person's role for the organization, establishment, division, or department was leading or critical. Evidence of experience must consist of letters from employers.^[13]

Second, USCIS determines whether the organization or establishment, or the department or division for which the person holds or held a leading or critical role, has a distinguished reputation.

The relative size or longevity of an organization or establishment is not in and of itself a determining factor but is considered together with other information to determine whether a distinguished reputation exists.

Merriam-Webster's online dictionary defines distinguished as marked by eminence, distinction, or excellence or befitting an eminent person.^[14] 

The person has commanded a high salary, or other significantly high remuneration for services, in relation to others in the field.^[15]

USCIS determines whether the person's salary or remuneration is high relative to the compensation paid to others working in the field.

Evidence regarding whether the person's compensation is high relative to that of others working in the field may take many forms. If the petitioner is claiming to meet this criterion, then the burden is on the petitioner to provide appropriate evidence. Examples may include, but are not limited to, geographical or position-appropriate compensation surveys and organizational justifications to pay above the compensation data. Officers may find the following websites helpful in evaluating the evidence provided by the petitioner:

• The Bureau of Labor Statistics (BLS) Overview of BLS Wage Data by Area and Occupation webpage;

• The Department of Labor's Career One Stop website; and

• The Department of Labor's Office of Foreign Labor Certification Online Wage Library.

Persons working in different countries should be evaluated based on the wage statistics or comparable evidence in that country, rather than by simply converting the salary to U.S. dollars and then viewing whether that salary would be considered high in the United States.

Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.^[16]

USCIS determines whether the person has enjoyed commercial successes in the performing arts.

This criterion focuses on volume of sales and box office receipts as a measure of the person's commercial success in the performing arts. Therefore, the mere fact that a person has recorded and released musical compilations or performed in theatrical, motion picture, or television productions would be insufficient, in and of itself, to meet this criterion. The evidence must show that the volume of sales and box office receipts reflect the person's commercial success relative to others involved in similar pursuits in the performing arts.

Comparable evidence to establish the person's eligibility if the standards do not readily apply to the beneficiary's occupation.^[17]

USCIS determines if the evidence submitted is comparable to the evidence required in 8 CFR 204.5(h)(3).

This regulatory provision provides petitioners the opportunity to submit “comparable” evidence to establish the person beneficiary's eligibility, if it is determined that the standards described in the regulations do not readily apply to the person's occupation. When evaluating such comparable evidence, officers must consider whether the regulatory criteria are readily applicable to the person's occupation and, if not, whether the evidence provided is truly comparable to the criteria listed in that regulation.

General assertions that any of the ten objective criteria described in the regulations do not readily apply to the person's occupation are not probative and should be discounted. Similarly, claims that USCIS should accept witness letters as comparable evidence are not persuasive.

On the other hand, the following are examples of where the comparable evidence provision might apply.

• A person who is an Olympic coach whose athlete wins an Olympic medal while under the person's principal tutelage would likely constitute evidence comparable to that in 8 CFR 204.5(h)(3)(v).

• Election to a national all-star or Olympic team might serve as comparable evidence for evidence of memberships in 8 CFR 204.5(h)(3)(ii).

There is no comparable evidence for the one-time achievement of a major, international recognized award.