Interim Decision #2763 

MATTER OF MEDICAL UNIVERSITY OF SOUTH CAROLINA 

In Visa Petition Proceedings 

A-21092607 

Decided by Regional Commissioner July 27, 1978 

In order to qualify for a labor certification under Schedule A, Group II (20 C.F.R. 

656.10(b)), an alien must show by documentary evidence that he is a person of 

exceptional ability who has received international recognition for outstanding 

achievements and excellence. See 20 C.F.R. 652.22(d). These international recognition 

requirements are necessary because in order to qualify for labor certification under 

Schedule A, Group II, the alien must establish that he is so far above the average 

member of his field that he will clearly be an asset to the United States. 

ON BEHALF OF PETITIONER: R. W. Foley, Esquire 

Box 35 

Bowman, Georgia 00624 

The petition was denied by the District Director, Atlanta, Georgia, 

and is now considered on appeal. 

The petitioner, a large State University, desires to employ the beneficiary as a research scientist. On August 12, 1977, the beneficiary 

completed all requirements for a Ph.D Degree in Immun-chemistry. 

The petitioner seeks to establish that the beneficiary, because of his 

exceptional ability in the sciences, meets the requirements of 20 C.F.R. 

656.22(d) and should, therefore, be considered as precertified with 

regard to the labor certification requirement of the Act. 

20 C.F.R 656.22(d) reads as follows: 

Aliens who are applying for labor certification under Group II, Schedule A, shall file as 

part of their labor certification applications documentary evidence testifying to the 

current widespread acclaim and international reputation accorded them, receipt of 

internationally recognized prizes or awards for excellence, and documents testifying 

that they are members of international associations requiring outstanding achievements of their members as judged by recognized experts in their discipline or field. 

They shall also submit additional documentation supporting their claim to having 

exceptional ability such as: 

(1) affidavits or published material testifying to their technical training or specialized experience; 

(2) published material by or about the author. Such material shall identify the title, 

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date, and author of each publication or article; 

(3) documentary evidence of earnings commensurate with their claimed level of 

ability; and/or 

(4) documentation showing that their work experience during the past year did, and 

their intended work will, require exceptional ability. (Emphasis supplied.) 

In denying the application, the District Director found that the 

evidence submitted with the petition failed to establish that the beneficiary met the requirements which would entitle him to classification 

under 20 C.F.R. 656.10(b) which relates to aliens of exceptional ability 

in the sciences or arts. 

On appeal, claim is made that the beneficiary is internationally 

recognized in his field and thus he is eligible for precertification under 

Group II, Schedule A, 20 C.F.R. Attached to the appeal were several 

letters testifying to the beneficiary's expertise and acclaim in his field 

and copies of numerous publications coauthored by the beneficiary. 

Again, there is no question as to the qualification of the beneficiary 

for third-preference immigrant classification. The only question to be 

resolved is the matter of eligibility for precertification under Group II, 

Schedule A, 20 C.F.R. As previously cited, the requirements for eligibility are found in 20 C.F.R. 656.22(d). 

Following onaetment of P.L. 94 -484, the Tlepartment of Labor published its proposed rule-making concerning the labor certification 

process in the Federal Register, November 5, 1976. The final regulations were published on January 18, 1977, following receipt and consideration of various comments from interested persons and organizations. In promulgating the final regulations with respect to Group II, 

Schedule A, the Department commented that 

It is intended that such aliens have international recognition and other evidence of 

their exceptional ability. Such aliens should be so far above the average members of 

their field that they will clearly be an asset to the United States. 

The beneficiary graduated from the University of Lyon in France as 

a Doctor of Medicine on July 8, 1969. He is the coauthor of 60 pieces of 

published material. 'These articles have appeared in medical journals 

in the United States, France, Germany, Belgium, and Israel. He is a 

member of six different societies, three in France, two international 

societies, and one in the United States. His membership in the World 

Health Organization Expert Committee on Protease Inhibitors is a 

signal honor. He is one of only a dozen members all of whom are 

internationally known, according to the Chairman of the Department 

of Basic and Clinical Immunology and Microbiology at the Medical 

University of South Carolina. This letter also indicates that the beneficiary has been offered a Chairmanship of Biochemistry at the Pasteur 

Institute in Lyon, France. (A letter from the President of the Medical 

University of South Carolina indicates the beneficiary is a member of 

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the International Antitrypsin Pi Committee, and that all members of 

this committee are of international renown. As a member of this 

committee, he has been invited to speak at national and international 

meetings and symposiums regularly.) A letter from the Director of the 

Pulmonary Disease Division of Washington University, St. Louis, 

Missouri, states the beneficiary is an internationally recognized expert 

in his ,field. The beneficiary's work experience shows progressively 

more responsible positions in the field of biochemistry, immunology, 

and biology over an 11-year period. The salary offered the beneficiary 

is slightly above that shown in the Department of Labor's 1976-1977 

Edition of the Occupational Outlook Handbook for similar 

occupations. 

The information presented on appeal clearly shows that the beneficiary enjoys international recognition in his field. 

It is concluded that the petitioner has established that the beneficiary is a person of exceptional ability in the sciences and that he meets 

the evidentiary requirement previously set forth. Accordingly, an 

order will be entered withdrawing the decision of the District Director 

and approving the petition. 

ORDERS The denial by the District Director is overruled and the 

petition is approved. 

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