Major Internationally Recognized Prize or Lesser Nationally or Internationally Recognized Prizes: About the Prizes in NIW, EB1-A, and EB1-B petition

by Liu & Associates, P.C. 05/11/2011

An EB1-A petitioner's first question is how the prize they received is classified: a major internationally recognized prize, a lesser nationally or internationally recognized prize, or neither. To qualify as an EB1-A extraordinary worker, the petitioner must show evidence of a major internationally recognized prize or submit at least three of the types of evidence listed in the law. A lesser nationally or internationally recognized prize is one of the 11 listed types.

What is a Major Internationally Recognized Prize

The legislative history shows what 8 C.F.R. § 204.5(h)(3) contemplates: A.R. 3, S.E.R. 5 is a "major, international" prize. In construing a major, internationally recognized award, the House Report cited the Nobel Prize as an example of a one-time achievement, and the AAO (Administrative Appeal Office) adds that other one-time awards with truly international recognition may include the Pulitzer Prize, the Academy Award, and the Olympic Gold Medal. Such prizes, the AAO concluded, are "household names recognized immediately even among the general public as being the highest possible honors in the respective fields."

The petitioner also bears the burden of submitting evidence that a given prize garnered major, international recognition. The prize must command immediate international recognition comparable to the major awards the regulation was meant to cover. The petitioner must produce "extensive documentation" showing that the prize is a major internationally recognized prize.

What is a Less Nationally or Internationally Recognized Prize

A lesser nationally or internationally recognized prize sets a lower bar than a major one, but the petitioner must still submit substantial evidence that the prize is in fact nationally or internationally recognized.

For lesser nationally or internationally recognized prizes or awards, the petitioner should submit evidence on how many people were nominated, what the prize or award is, and whether it reflects teamwork or individual performance. USCIS has issued the following rulings on this evidentiary requirement:

1. Academic scholarships or grants do not suffice.
   The Administrative Appeals Office (AAO) has held that academic scholarships and grants are not uncommon and therefore do not amount to significant prizes or awards under the regulatory criteria. Unlike awards that recognize past achievement, the AAO observed, grants usually respond to applications from prospective recipients describing an endeavor they hope to undertake; they fund future activity rather than recognize completed work.
2. Being Listed on Who's Who is not a Prize:
   The AAO has also rejected evidence that a petitioner appeared in Marquis Who's Who in America, noting that (1) recognition from a national organization can still fall short of highly significant, and (2) publishing one's biographical sketch does not amount to receiving a prize or award.
3. Evidence should be Submitted Regarding How Many Individuals were Nominated for an Award or Prize and the Criteria for Eligibility.
   The petitioner must establish that the organization's award is nationally recognized and thus indicative of national acclaim. USCIS cannot do so if the documentation omits the award's selection criteria or the candidate pool. An award open only to an organization's own researchers may not qualify, because the petitioner competed solely among that organization's experts.
4. Team award is less valuable than individual award.
   An applicant's role in an award-winning program carries less weight than an award presented specifically to individual performers. The AAO reasons that when a play or program wins, the award generally reflects the director, producer, writer, and others essential to each show. Conversely, an award to a large symphony may not reflect each member's national or international acclaim, while a Grammy or comparable award to all members of a small group (each receiving a statue) does indicate each member's recognition in the field.
5. Local awards do not suffice.
   Awards or certificates showing local rather than national or international recognition receive little or no weight. The petitioner must document how widely a prize is recognized; competition by nationals of more than one country alone does not make an award "internationally recognized."

In sum, the legislative history and AAO opinions show that major internationally recognized prizes are rare. Most petitioners must prove they meet at least three of the statutory evidence types. And even though a lesser nationally or internationally recognized prize is a lower standard than a major internationally recognized prize, petitioners should heed AAO rulings that certain awards or prizes do not qualify.