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The petitioner seeks to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b)(1)(A), as an alien of extraordinary ability in business.' The director determined the petitioner had not established that the beneficiary has earned the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability.

On appeal, counsel argues that the evidence submitted with the petition "satisfies the criteria for qualification as an Alien of Extraordinary Ability as enumerated at 8 C.F.R. § 204.5(h)."

The court finds that the beneficiary has not distinguished herself to such an extent that she may be said to have achieved sustained national or international acclaim or to be within the small percentage at the very top of her field. The evidence is not persuasive that the beneficiary's achievements set her significantly above almost all others in her field at the national or international level. Therefore, the petitioner has not established the beneficiary's eligibility pursuant to section 203(b)(1)(A) of the Act and the petition may not be approved.

The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 8 V.S.c. § 1361. Here, the petitioner has not sustained that burden. However, the court granted motion to reconsider, the previous decision of the AAO is withdrawn, and court denied the appeal.