dismissed EB-1A Case: Athletics

e identifying drla &feted to 
preveat cdassry mananted 
invasion alpemmid privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
SRC 07 008 52876 
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. 8 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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 
gobert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Center, and is now before the Administrative Appeals Office (AAO) 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. 5 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics. 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. 
On appeal, counsel argues that the petitioner meets at least three of the regulatory criteria at 8 C.F.R. 
5 204.5(h)(3) and has submitted other comparable evidence of his extraordinary ability pursuant to 8 C.F.R. 
5 204.5(h)(4). 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority 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 this 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 into the United States will substantially benefit prospectively 
the United States. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. 5 204.5(h)(2). The specific 
requirements for supporting documents to establish that an alien has sustained national or international 
acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. 5 204.5(h)(3). 
The relevant criteria will be addressed below. It should be reiterated, however, that the petitioner must show 
that he has sustained national or international acclaim at the very top level. 
This petition, filed on February 23, 2006, seeks to classify the petitioner as an alien with extraordinary ability 
as a soccer player and coach. The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish 
sustained national or international acclaim through evidence of a one-time achievement (that is, a major, 
internationally recognized award). Barring the alien's receipt of such an award, the regulation outlines ten 
Page 3 
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. A petitioner, however, cannot establish eligibility for this 
classification merely by submitting evidence that simply relates to at least three criteria at 8 C.F.R. 
204.5(h)(3). In determining whether the petitioner meets a specific criterion, the evidence itself must be 
evaluated in terms of whether it is indicative of or consistent with sustained national or international acclaim. 
A lower evidentiary standard would not be consistent with the regulatory definition of "extraordinary ability" 
as "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. 8 204.5(h)(2). 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 thefleld of endeavor. 
The petitioner submitted photographs of various trophies and medals, but the inscriptions on these awards 
were not legible. On appeal, counsel asserts that "the trophies and awards were individually awarded to the 
Petitioner . . . while participating in competitions and tournaments with the national professional soccer team, 
H2K Holy Family Elite Division Football Team. Thus, the . . . trophies and medals awarded are from the 
national level" and therefore meet this regulatory criterion. Without documentary evidence to support the 
claim, the assertions of counsel will not satisfy the petitioner's burden of proof. The unsupported assertions 
of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988); Matter of 
Laureano, 19 I&N Dec. 1 (BIA 1983); Matter ofRamirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). The 
record includes no evidence that petitioner's soccer team, H2K Holy Family, received nationally or 
internationally recognized prizes or awards during his tenure as a player in Mumbai, India. According to the 
petitioner's H2K Holy Family "Identity Card" and newspaper coverage of the team's games submitted with 
the petition, his team competed in the "Mumbai District Football Association7' League and Group 3 of the 
Second Division National Football League. The Second Division, however, is not the highest level of 
competition in the National Football League of ~ndia.' We do not find that competing for a soccer team in the 
Second Division of this league is evidence that the petitioner "is one of that small percentage who have risen 
to the very top of the field of endeavor." See 8 C.F.R. 8 204.5(h)(2). CIS has long held that even athletes 
performing at the major league level do not automatically meet the "extraordinary ability" standard. Matter of 
Price, 20 I&N Dec. 953,954 (Assoc. Commr. 1994); 56 Fed. Reg. at 60899.~ Likewise, it does not follow that a 
' The "Premier Division" of the National Football League of India represents the highest level of competition. See 
ht~:l~www.indianfootball.contispecials~leaue'~ndex.php and httv:~www.indiai~i'ootball.coi~ti~xl.html, accessed on 
March 26,2008. 
While we acknowledge that a district court's decision is not binding precedent outside of the district in which the case 
arose, we note that in Matter ofRacine, 1995 WL 153319 at *4 (N.D. Ill. Feb. 16, 1995), the court stated: 
[Tlhe plain reading of the statute suggests that the appropriate field of comparison is not a comparison of 
Racine's ability with that of all the hockey players at all levels of play; but rather, Racine's ability as a 
professional hockey player within the NHL. This interpretation is consistent with at least one other court in this 
district, Grimson v. INS, No. 93 C 3354, (N.D. Ill. September 9, 1993), and the definition of the term 8 C.F.R. 
3 204.5(h)(2), and the discussion set forth in the preamble at 56 Fed. Reg. 60898-99. 
Page 4 
soccer player competing below the "Premier" level in India or at the amateur level in the United States should 
necessarily qualify for an extraordinary ability employment-based immigrant visa. To find otherwise would 
contravene the regulatory requirement at 8 C.F.R. § 204.5(h)(2) that this visa category be reserved for "that small 
percentage of individuals that have risen to the very top of their field of endeavor." 
The petitioner also submitted a Certificate of Merit from the 8th Savio Sports Festival (2004) stating that he 
and his team members of "Lizlyn Friends United" were the "runners up" of the Savio Football Tournament at 
St. Dominic Savio High School in Mumbai, India. The plain language of this regulatory criterion requires 
"receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field." 
[Emphasis added] There is no evidence that finishing as a runner-up at this local soccer tournament 
constitutes the petitioner's receipt of a nationally or internationally recognized prize or award. 
On appeal, the petitioner submits an October 14, 1998 article printed from htt~:liwww.ex~ressindia.con~ that 
promotes eight different sporting events. Under the heading "Savio sports festival at Andheri," the article 
states: 
The past pupils of Don Bosco (Andheri unit) are organising a mega sports festival for boys and girls 
from October 17 to 25, at the St. Dominic Savio school ground, Mahakali Caves Road, Sher-E- 
Punjab, Andheri (East). For entries and further information contact Jason (football) 8341070; 
Anthony (cricket) 8228875; Jimmy (basketball) 8385150; Saby (throwball) 8223219, or fax on 
83945 1 1. 
The preceding promotional material does not discuss the soccer tournament at the gth Savio Sports Festival in 
2004, nor does it establish that the petitioner's receipt of a Certificate of Merit for "runners up" at the 
tournament is a nationally or internationally recognized prize or award for excellence in the petitioner's sport. 
The petitioner's initial submission included a captioned photograph in The Free Press Journal of Mumbai 
(December 1, 2004) and a brief piece in the "City Sports" section of The Times of India, Mumbai edition 
(November 30, 2004), stating that his team, Lizlyn Friends United, defeated the Chakala Sports Club to win 
the final of the "Neil Roy Memorial floodlit rink football tournament." The brief news piece in the Mumbai 
edition of The Times of India states that the petitioner was named "Outstanding player of the tournament." 
There is no evidence establishing that an award from this local tournament in Mumbai is a nationally or 
internationally recognized soccer award. 
In light of the above, the petitioner has not established that he meets this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the field for which classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessaly translation. 
Although the present case arose within the jurisdiction of another federal judicial district and circuit, the court's 
reasoning indicates that CIS'S interpretation of the regulation at 8 C.F.R. 4 204.5(h)(2) is reasonable. 
Page 5 
In order for published material to meet this criterion, it must be primarily about the petitioner and, as stated in the 
regulations, be printed in professional or major trade publications or other major media. To qualify as major 
media, the publication should have significant national or international distribution. An alien would not earn 
acclaim at the national or international level from a local publication or broadcast. Some newspapers, such as the 
New York Times, nominally serve a particular locality but would qualifL as major media because of significant 
national distribution, unlike small local community papers.3 
The petitioner submitted articles in the Deccan Herald, The Times of India (Mumbai Edition), and the Free 
Press Journal of Mumbai about local soccer games in which the petitioner competed, but the majority of 
these articles were not primarily about the petitioner. Further, the authors of these articles were not identified 
as required by the plain language of this regulatory criterion. In response to the director's notice of intent to 
deny, the petitioner submitted information indicating that The Times of India has substantial national 
distribution, but there is no evidence that the articles mentioning the petitioner in its "Mumbai Edition" had 
the same level of national distribution. The petitioner also submitted information stating that the Deccan 
Herald "is the largest English-language daily newspaper in the Indian state of Karnataka," but there is no 
evidence that this publication had significant national distribution. As such, the petitioner has not established 
that the newspaper articles mentioning him were published in major media. 
In light of the above, the petitioner has not established that he meets ths criterion. 
Evidence of the display of the alien 's work in thefield at artistic exhibitions or showcases. 
The petitioner submitted a September 21, 2004 letter from the Houston Green Eagles Soccer Club inviting the 
petitioner to participate in its "9th All Nigeria Soccer Festival" in Houston. The petitioner also submitted a 
promotional flyer for the event, a team photograph, and two photographs of the petitioner holding trophies.4 On 
appeal, counsel argues that the preceding evidence meets this regulatory criterion. The plain language of this 
regulatory criterion, however, indicates that it applies to artists (such as sculptors and painters) rather than to 
competitive athletes such as the petitioner. The ten criteria in the regulations are designed to cover different 
areas; not every criterion will apply to every occupation. Even if we were to accept a soccer tournament as art 
rather than athletics (which we do not), the aforementioned evidence is not sufficient to meet this criterion. 
For example, there is no evidence establishing the significance and prestige of the Westland YMCA venue 
where the tournament was held. Nor is there evidence showing that the tournament's competitors were top 
players in the sport. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence that the alien has peq6ormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
The inscriptions on these trophies are not legible. 
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 his role within the entire organization or 
establishment and the reputation of the organization or establishment. 
The petitioner submitted evidence that he has played for teams such as Udoji United Football Club in Nigeria, 
H2K Holy Family Football Club in India, the Lizlyn Friends team in India, and the amateur Houston Football 
Association's Aria Soccer Club New Stars. The record includes general information about the Udoji United 
Football Club in Nigeria and the Ana Soccer Club New Stars amateur team, but there is no evidence showing 
that these teams had a distinguished reputation during the petitioner's tenure as a player. 
On appeal, counsel argues that the newspaper articles discussing the petitioner's play in India are sufficient to 
meet this criterion. The newspaper coverage of the H2K Holy Family Football Club in India and the Lizlyn 
Friends team is not sufficient to demonstrate that these teams had a distinguished reputation. For example, 
while the petitioner's teams in India may have vied for wins at local tournaments in the Mumbai area, there is 
no evidence that these teams had a distinguished reputation through competitive success at the national or 
international level. Nor is there evidence originating fiom a coach or official representative of these teams 
stating that the petitioner's role for them was "leading or critical." 
With regard to the teams for which the petitioner has played in the United States, India, and Nigeria, there is no 
evidence (such as team statistics for a complete season) demonstrating how the petitioner's role differentiated 
him from the other players on his teams. As such, the petitioner has not established that he was responsible for 
his teams' success or standing to a degree consistent with the meaning of "leading or critical role" and indicative 
of sustained national or international acclaim. 
In light of the above, the petitioner has not established that he meets this criterion. 
In this case, the petitioner has failed to demonstrate his receipt of a major, internationally recognized award, 
or that he meets at least three of the of the criteria at 8 C.F.R. 4 204.5(h)(3). Further, the statute and 
regulations require the petitioner's national or international acclaim in his sport to be sustained. See section 
203(b)(l)(A)(i) of the Act, 8 U.S.C. tj 1 153(b)(l)(A)(i), and 8 C.F.R. 4 204.5(h)(3). The record, however, 
lacks evidence of achievements and recognition subsequent to the petitioner's arrival in the United States in 
2004 showing that he has sustained national or international acclaim as a soccer player or coach in this 
country. We cannot conclude that playing soccer for a team competing in a local Houston amateur league is 
evidence of national or international acclaim in the sport. Further, with regard to the petitioner's work as an 
assistant for Soccer Vibration International of Houston, there is no evidence that his work in "training 
children to learn the sport" is consistent with sustained national or international acclaim as a soccer coach. 
Beyond the regulatory criteria at 8 C.F.R. $ 204.5(h)(3), the petitioner submitted letters of support discussing 
his talent as soccer player. 
of Soccer Vibration International in Houston states: "I was not surprise[d] when I heard that 
[the petitioner] left for [the] USA [because] he has . . . extraordinary ability in soccer. That is why I called 
him to come & help me to train the little kid[s] that I have in my soccer vibration." 
Researcher, Department of Biology and Biochemistry, University of Houston, and an amateur 
soccer player, states that the Premier Division of the Houston Football Association, the division in which the 
ha Soccer Club New Stars team competes, "is the top amateur division . . . in Houston." - 
further states: "[The petitioner] joined the Houston Football Division and has been a key player of the ASC 
New Stars. The Team won the premier league back to back in 2005 and in 2006. In addition, the team 
performed very well at the state level with a victory in 2005 and the second place in 2006." The record, 
however, includes no evidence of these competitive results. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Soffici, 
22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). 
, Athletic Director, San Jacinto College South, Houston, states: 
This letter is in support of [the petitioner] as a potential student-athlete for the soccer team at San 
Jacinto College South . . . . 
Due to NJCAAA [National Junior College Athletic Association] regulations, only U.S. citizens, F-1 
student visa holders, and Permanent Residents or Green Card holders are eligible for athletic 
scholarships. 
While I know that this process does take quite time [sic] to receive a green card, [the petitioner] has 
been a B-1/B-2 visa holder for the past year and a half. I only hope that this process could be 
expedited which would allow [the petitioner] to receive a free education as a student-athlete. 
On appeal, counsel argues that the director should have considered the preceding letters of recommendation 
as "other comparable evidence." The regulation at 8 C.F.R. 5 204.5(h)(4) allows for the submission of 
"comparable evidence," but only if the ten criteria "do not readily apply to the beneficiary's occupation." The 
regulatory language precludes the consideration of comparable evidence in this case, as there is no indication 
that eligibility for visa preference in the petitioner's occupation cannot be established by the ten criteria 
specified by the regulation at 8 C.F.R. 5 204.5(h)(3). Where an alien is simply unable to meet three of these 
criteria, the plain language of the regulation at 8 C.F.R. 5 204.5(h)(4) does not allow for the submission of 
comparable evidence. 
Nevertheless, the letters of recommendation submitted by the petitioner are not sufficient to establish his 
eligibility for classification as an alien of extraordinary ability. For example, the letters include no 
information to establish that an offer of an athletic scholarship to a local junior college and participation in a 
local amateur soccer league are evidence that the petitioner has sustained national or international acclaim at 
the very top of his field. Nor is there evidence establishing that the individuals who provided the letters of 
support are recognized experts in the petitioner's field. CIS may, in its discretion, use as advisory opinions 
statements submitted as expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 
(Commr. 1988). However, CIS is ultimately responsible for making the final determination regarding an 
alien's eligibility for the benefit sought. Id. 
 The submission of letters of support from the petitioner's 
personal contacts is not presumptive evidence of eligibility; CIS may evaluate the content of those letters as to 
whether they support the alien's eligibility. See id. at 795. Thus, the content of the writers' statements and how 
they became aware of the petitioner's reputation are important considerations. 
 Even when written by 
independent experts, letters solicited by an alien in support of an immigration petition are of less weight than 
preexisting, independent evidence of achievements and recognition consistent with sustained national or 
international acclaim at the very top of one's field. 
Review of the record does not establish that the petitioner has distinguished lumself 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 eligibility 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. 
 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.