POGHOS KAZARIAN, Plaintiff-Appellant, v. US CITIZENSHIP AND IMMIGRATION SERVICES, a Bureau of the Department of Homeland Security; JOHN DOES, 1 through 10, Defendants-Appellees., 596 F.3d 1115

Summary

The alien, a citizen of Armenia, sought an extraordinary ability visa pursuant to 8 U.S.C.S. § 1153(b)(1)(A) based on his education and work as a theoretical physicist. On appeal, the court held summary judgment was appropriate. Pursuant to 8 C.F.R. § 204.5(h)(3), extraordinary ability was shown either by evidence of a one-time achievement, such as a major internationally-recognized award, or by showing at least three items of evidence listed in 8 C.F.R. § 204.5(h)(3). The alien conceded he had not won a major award. In determining whether he showed evidence listed in § 204.5(h)(3), the agency clearly erred by reading § 204.5(h)(3)(vi) to require proof of the research community's reaction to his articles before considering them as evidence. It also erred in interpreting § 204.5(h)(3)(iv) to require proof that dissertations he judged were from a university he was not affiliated with for the judging to be evidence. However, reversal was not warranted because the errors were harmless ...