dissenting:
I dissent. Dr. Poghos Kazarian received his Ph.D. in the field of theoretical physics from Yerevan State University and, since arriving in the United States, has continued to research and teach in this challenging field. Dr. Kazarian participat*1037ed in a research group headed by Dr. Kip Thorne at the California Institute of Technology. Dr. Thorne submitted a letter in support of Dr. Kazarian’s visa application. Dr. Kazarian volunteers his teaching services at Glendale Community College and has authored and published his own physics textbook. Dr. Kazarian has received strong words of praise from colleagues at Yerevan State University, Glendale Community College, and the California Institute of Technology. Dr. Kazarian’s contributions in the United States have been undoubtedly valuable. Forcing Dr. Kazarian to depart from our country would be undoubtedly wasteful and make one think that there is something haywire in our system.1
I also disagree with the majority opinion’s interpretation of 8 C.F.R. § 204.5(v). Section 204.5(v) permits an applicant to demonstrate extraordinary ability by showing, as one factor, “[e]vidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media[.]” In support of his application, Dr. Kazarian offered evidence that he published several articles and presented Ms work at conferences. Nevertheless, the Administrative Appeals Office rejected Dr. Kazarian’s evidence, stating that it was the position of the United States Citizenship and Immigration Services (“USCIS”) “that publication of scholarly articles is not automatically evidence of sustained acclaim; [USCIS] must consider the research community’s reaction to those articles.”
As observed by the majority opinion, this extra requirement articulated by the Administrative Appeals Office is circular, because publication itself indicates some approval by the research community. Moreover, the requirement that articles be considered in light of the research community’s reaction is nowhere found in the statute or regulations. By its own language, the regulation requires evidence of authorship and authorship alone. The plain language of the regulation does not state that an applicant is required to submit evidence of the research community’s reaction to the publications. There is not even a suggestion in the regulations as to what such evidence might look like. I do not agree with the majority opinion’s conclusion that articles must be considered in light of the research community’s reaction to those articles. For all these reasons, I dissent.
. At oral argument, Dr. Kazarian’s current counsel represented to the court that the attorney who started Dr. Kazarian on the path of applying for this "extraordinary ability” visa was George Verdin. Verdin is listed as being indefinitely suspended from practice before the Immigration Service, the Immigration Courts, and the Board of Immigration Appeals. Executive Office for Immigration Review, Office of General Counsel, List of Currently Disciplined Practitioners (Aug. 11, 2009), http://www.usdoj.gov/eoir/profcond/ chart.htm. Verdin has also been disbarred by the Supreme Court of Hawaii. Office of Disciplinary Counsel v. Verdin, No. 22349 (Haw. Sept. 27, 2001). It is distressing how many good people — including the highly educated and the minimally educated — fall prey to disreputable lawyers known to the system.