dismissed EB-1A Case: Acrobatics

U.S. Department of Homeland Security 
20 Mass. Avc., N.W., Rm. A3042 
Washington, DC 20529 
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'"DereonalprlwLy 
U.S. Citizenship 
and Immigration 
PrniELTC COPY 
FILE: Office: VERMONT SERVICE CENTER Date: SE P 0 6 2005 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 3 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
u 
s~obert P. Wiernann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office (MO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l )(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 4 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics and the arts. The director determined the petitioner had not established the sustained national or 
international acclaim necessary to qualify for classification as an alien of extraordinary ability. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in thls subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international acclaim 
and whose achievements have been recognized in the field through extensive 
documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 
$ 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or international acclaim and recognition in his field of expertise are set forth in the regulation at 
8 C.F.R. 9 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that he has earned sustained national or international acclaim at the very top level. 
This petition, filed on December 24, 2003, seeks to classify the petitioner as an alien with extraordinary 
ability as a "Chinese acrobatics performer." 
The regulation at 8 C.F.R. $ 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Bamng the alien's receipt of such an award, the regulation outlines ten criteria, at least three of which 
must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien !s receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in thefield of endeavor. 
Page 3 
We note that the plain wording of this criterion requires "nationally or internationally recognized" prizes or 
awards for excellence in the field. The burden is on the petitioner to demonstrate the level of recognition and 
achievement associated with his individual awards. 
The petitioner submitted non-certified translations of the following award certificates: 
1. "First Grade Prize in Acrobatics in 1991 National M Exchange Performance" 
2. "First Grade Prize in Performance Art in 1991 National Art Exchange Performance Acrobatic Series" 
3. "Best Stage Performance Art Prize in 1994 National Acrobatics Artists Competition" 
4. "Outstanding Young Performer Prize in 1995 National Young Acrobatics Artists Competition" 
Pursuant to 8 C.F.R. tj 103.2(b)(3), any document containing foreign language submitted to Citizenship and 
Immigration Services (CIS) shall be accompanied by a full English language translation that the translator has 
certified as complete and accurate, and by the translator's certification that he or she is competent to translate 
from the foreign language into English. We note that none of the award certificates presented by the 
petitioner comply with the regulation at 8 C.F.R. 3 103.2(b)(3). 
The significance and importance of the certificates presented by the petitioner are not self-evident. The 
evidence of record does not indicate the total number of certificates annually distributed by the entities that 
recognized the petitioner, how many other individuals achieved a level of recognition similar to that of the 
petitioner, the criteria used in determining recipients for each particular award, or the level of media coverage 
associated with the award presentations. We note here that section 203(b)(l)(A)(i) of the Act requires 
extensive documentation of sustained national or international acclaim. Pursuant to the statute, the petitioner 
must provide adequate evidence to establish that the certificates presented under this criterion enjoy 
significant national or international stature. Simply alleging that an award is nationally recognized cannot 
suffice to satisfy this criterion. Contemporaneous evidence of national recognition associated with the awards 
is of far greater evidentiary value, particularly when the statute requires "extensive documentation" of 
sustained national or international acclaim. In this case, the petitioner has not shown that his awards are 
widely recognized beyond the organization that presented them. 
In addition to the above deficiencies, the record contains no evidence showing that the petitioner has won any 
acrobatic awards subsequent to 1995. The absence of such awards suggests that the petitioner has not 
sustained whatever acclaim he may have earned in China. 
Evidence that the alien has perjorrned in a leading or critical role for organizations or 
estabIishments that have a distinguished reputation. 
In order to establish that he performed a leading or critical role for an organization or establishment with a 
distinguished reputation, the petitioner must establish the nature of her role within the entire organization or 
establishment and the reputation of the organization or establishment. 
The petitioner submitted a one-sentence letter stating that he worked in the "An Hui Province Acrobatics 
Troupe fiom September 1990 to May 2003." The record contains no evidence showing that the petitioner's 
Page 4 
role in this troupe was any more important than that of the other performers. For example, the record lacks 
published reviews of the petitioner's performances to demonstrate that his acrobatic roles in the troupe earned 
him significant acclaim throughout China. Nor does the record adequately demonstrate that the An Hui 
Province Acrobatics Troupe enjoys a distinguished national or international reputation. In conclusion, we 
find the petitioner has not established that he has performed in a leading or critical role for a distinguished 
organization, or that his involvement has earned him sustained national or international acclaim. 
On June 5, 2004, the director requested further evidence pertaining to the regulatory criteria at 8 C.F.R. 
$3 204.5(h)(3) and (5). 
In response, the petitioner submitted a non-certified translation of a letter from the China Artists' Association 
indicating that the petitioner received "the allowance of the Second Grade Expert for this great contnbution in 
improvement of Chinese Pehng Opera Performance." The petitioner, however, seeks classification as a 
"Chinese acrobatics performer" rather than as a "Chinese Peking Opera" performer. Aside from failing to 
submit a translation in compliance with the regulation at 8 C.F.R. 9 103.2(b)(3), there is evidence showing that 
being a "Second Grade Expert" represents a significant national honor or satisfies any of the regulatory criteria at 
8 C.F.R. 3 204.5(h)(3). 
The petitioner also submitted a photocopy of an undated "Art Achievement Award certificate for "contribution 
to the cultural diversity in USA," but there is no further evidence or explanation regarding the significance of thls 
certificate.' There is no evidence showing that this award constitutes a nationally recognized performing arts 
award. 
The director found the petitioner had failed to demonstrate that he meets at least three of the criteria that must be 
satisfied to establish the sustained national or intemational acclaim necessary to qualify as an alien of 
extraordinary ability. The director's decision also noted an absence of evidence showing that the petitioner 
will work as an acrobatic performer in the United States. The regulation at 8 C.F.R. § 204.5(h)(5) requires 
"clear evidence that the alien is coming to the United States to continue work in the area of expertise." 
Subsequent to his arrival in the United States, there is no evidence showing that the petitioner's primary 
occupation involves acrobatics. For example, there is no documentation showing that the petitioner has 
regularly taken part in performances here in the United States. 
On appeal, the petitioner submits a letter fro who identifies himself as President of the Anhui 
Acrobatics Troupe. states: 
[The petitioner] has received many intemational and national Acrobatics awards due to his Acrobatics 
achievements, including: "Excellent Achievement Award" of China National Acrobatics Competition, 
the highest award of "the Hundred-Budding-Blossom Golden Prize" and many more. And he is a 
member of the China Artists Association. 
I Examination of this photocopied certificate reveals a dark shaded strip around the petitioner's name consistent with the 
petitioner's name having been superimposed on the original certificate. Without the original certificate showing that no 
alteration occurred, we cannot accept the photocopy as evidence. 
Page 5 
The appellate submission, however, includes no first-hand evidence of the above prize and award, or of the 
petitioner's membership as an acrobat in the China Artists Association. Going on record without supporting 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Soflci, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). 
The appellate submission includes 19 photographs of various acrobatic prizes and poses. None of the 
photographs were taken at close enough range as to identify the wording on the prizes. Aside from the 
blurred photographs themselves, there is no evidence showing that the petitioner himself received these 
no explanation as to why these prizes and the prize and award mentioned in the 
letter fro ere not submitted with the petition or in response to the director's request for 
evidence. Under the photographs of the acrobatic poses appear captions such as "the third from the left is the 
petitioner," "the lower one is the petitioner," "the middle is the petitioner" and "the up one is the petitioner." 
While the majority of the photographs purported to be of the petitioner picture male acrobats, two of the 
captioned photos specifically identify the petitioner as a performer who appears to be female (based on attire 
and anatomical features). The petitioner has not resolved this discrepancy. 
In regard to the new prizes and membership mentioned for the first time on appeal, we note that the petitioner 
was put on notice of required evidence and given a reasonable opportunity to provide it for the record before 
the visa petition was adjudicated. The petitioner failed to submit the requested evidence and now submits 
unsubstantiated documentation on appeal. However, the AAO will not consider this new evidence for any 
purpose. See Matter of Soriano, 19 I&N Dec. 764 (BIA 1988); Matter of Obaigbena, 19 I&N Dec. 533 (BIA 
1988). The appeal will be adjudicated based on the record of proceeding before the director. If the petitioner 
had wanted the additional prizes and membership to be considered, he should have submitted those 
documents in response to the director's request for evidence. Under the circumstances, the AAO need not and 
does not consider the sufficiency of the evidence submitted for the first time on appeal. 
It should be noted that the record contains a copy of the petitioner's passport, issued ithe Ministry 
of Foreign Affairs of the People's Republic of China on September 5, 1994. Under "Profession," the passport - - 
identifies the petitioner as an "Engineer," despite the petitioner's claim that he is nationally recognized in 
China for his work as an acrobat. The petitioner has not resolved this discrepancy. It is incumbent upon the 
petitioner to resolve any inconsistencies in the record by independent objective evidence. Any attempt to 
explain or reconcile such inconsistencies will not suffice unless the petitioner submits competent objective 
evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). Doubt cast on 
any aspect of the petitioner's proof may, of course, lead to a reevaluation of the reliability and sufficiency of 
the remaining evidence offered in support of the visa petition. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate that the 
alien has achieved sustained national or international acclaim, is one of the small percentage who has risen to 
the very top of the field of endeavor, and that the alien's entry into the United States will substantially benefit 
prospectively the United States. The petitioner in ths case has failed to demonstrate that he meets at least three 
of the criteria that must be satisfied to establish the sustained national or international acclaim necessary to qualify 
as an alien of extraordinary ability. The petitioner has also failed to demonstrate that he will continue working 
as an acrobat here in the United States. 
-- - 
Page 6 
Review of the record does not establish that the petitioner has distinguished himself as a performer to such an 
extent that he may be said to have achieved sustained national or international acclaim or to be within the small 
percentage at the very top of his field. The evidence is not persuasive that the petitioner's achievements set him 
significantly above almost all others in his field at a national or international level. Therefore, the petitioner has 
not established elig~bility pursuant to section 203(b)(l)(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 U.S.C. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.