dismissed EB-1A Case: Athletics

ideo~cht.dctetcdta 
prevent dearfy unwarranted 
invasion of penonal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
WAC 05 1 12 54270 
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. fj 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. 
5~obert P. Wiemann, Ch~ef 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, California Service Center, denied the employment-based immigrant 
visa petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" in athletics, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. tj 1 153(b)(l)(A). 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. The director further concluded that the 
petitioner had not established that she was coming to the United States to continue working in her 
claimed area of expertise. 
On appeal, counsel questions the "integrity of the adjudication process," but fails to address all of the 
director's concerns. 
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 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 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. tj 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. tj 204.5(h)(3). The relevant criteria will be addressed below. It 
should be reiterated, however, that the petitioner must show that she has sustained national or 
international acclaim at the very top level. 
The regulation at 8 C.F.R. tj 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 
Page 3 
recognized award). Initially, counsel asserted that the petitioner "helped led [sic] the National Team to 
win numerous international awards, including" a silver medal at the 1992 Barcelona Olympic Games. 
The assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 
(BIA 1988); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). Dennis Janzen of 
Fresno Pacific University asserts that the petitioner "helped lead the Chinese women's team through 
the 1992 Barcelona Olympic Games." The record does not support the implication that the petitioner 
received an Olympic silver medal. An unsigned list of the petitioner's accomplishments from the 
China Volleyball Association indicates that in 1992, the petitioner placed 7th at the Olympics. While 
the petitioner submitted photocopies of her Olympic credentials and what appears to be an Olympic 
button from the 1992 games, the petitioner did not submit a photograph of a silver medal or any media 
coverage of her winning an Olympic medal. The petitioner's membership on an Olympic team, 
however, is notable and will be considered below. 
Barring 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 that, she claims, meets the following 
criteria. ' 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
Between 1986 and 1994, the petitioner won medals at several Chinese championships, including at the 
Chinese National Championships in 1986, 1988, 1989, 1990, 1991, 1992 and 1994 and at the Seventh 
National Games in 1993. During the same period, the petitioner won medals at several international 
competitions, including the 1991 World Cup in Japan, the International Challenge competition in 1992, 
the Asia Championships in 1993 and the World Championships in Hong Kong, also in 1993. While 
these awards are persuasive evidence relating to this criterion, they do not establish the petitioner's 
sustained acclaim in March 2005 when the petition was filed. 
In the United States, as a student at Fresno Pacific University, a member of the National Association of 
Intercollegiate Athletics (NAIA), the petitioner received the following: 
1. Most Valuable Player, NAIA, 2001 and 2002; 
2. 2003 NAIA Volleyball Championship; 
3. 2002 Volleyball Champion, Golden State Athletic Conference; 
4. Member, NAIA All-Tournament Team, 1999,2001 and 2002; 
5. Member, American Volleyball Coaches Association (AVCA) All-America 
Team, 1999,2001 and 2002; 
6. Final Four, NAIA National Championship, 2001 and 2002; 
7. Member, 1999 All Regional Team, Region II; and 
1 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Page 4 
8. Runner Up, National Championship, 1999. 
The petitioner also received certificates from the American Volleyball Coaches Association in 
recognition of the above accomplishments and team plaques from Fresno Pacific University. 
The director concluded that the NAIA recognition carried less weight than comparable recognition with 
the National Collegiate Athletic Association (NCAA). The director's discussion of this criterion 
includes an assertion that counsel's cover letter references the petitioner as a soccer player. On appeal, 
counsel questions the director's basis for concluding that the NAIA is a lower level league and notes 
the inclusion of 330 member instit~tions.~ The petitioner submits information about the NAIA 
indicating that it began in 1937 as a tournament for smaller colleges. The materials note that some 
professional athletes have emerged from the NAIA. Counsel hrther asserts that he made no reference 
to soccer in his cover letter and questions the director's integrity for making such a claim. 
We acknowledge that counsel's cover letter that accompanied the instant petition makes no reference to 
soccer. The director appears to be referencing the cover letter that accompanied a previous petition 
filed by the petitioner, WAC 04 133 51860. In the cover letter submitted with that petition, page 8, 
counsel does refer to the petitioner as a soccer player. While the director erred in stating that counsel 
made the same mistake in the cover letter accompanying the instant petition, counsel's alleged 
reference to the petitioner as a soccer player is not the basis of the director's decision. As such, we 
need not withdraw the director's entire decision for this one error. 
Regarding the petitioner's collegiate awards, the issue is not whether athletes competing in the NAIA 
have subsequently gone on to enjoy acclaim in the field. Rather, the issue is whether the NAIA 
tournaments are sufficiently recognized nationally. Counsel asserts that the director provided no basis 
for concluding that the NAIA is a lesser league than the NCAA. The petitioner, however, bears the 
burden of demonstrating that her awards are nationally recognized. The petitioner submitted no 
evidence that the NAIA enjoys comparable media coverage to other collegiate tournaments, such as 
evidence of coverage of NAIA games in major sports magazines with a national circulation. 
Supplementary information at 56 Fed. Reg. 60899 (November 29, 1991) states: 
The Service disagrees that all athletes performing at the major league level should 
automatically meet the "extraordinary ability" standard. . . . A blanket rule for all major 
league athletes would contravene Congress' intent to reserve this category to "that small 
percentage of individuals who have risen to the very top of their field of endeavor." 
Thus, even those players in the top league are not automatically presumed eligible for this exclusive 
classification. Thus, playing in a league that is not the top league carries even less weight. 
2 
 According to the NCAA's website, www.ncaa.org, the NCAA has 1,024 active members. 
Page 5 
In light of the above, the petitioner has not established that she meets this criterion with evidence of 
sustained acclaim as of the date of filing in March 2005. 
Documentation of the alien's membership in associations in the field for which class&!ication is 
sought, which require outstanding achievements of their members, as judged by recognized national 
or international experts in their disciplines or fields. 
Counsel initially asserted that the petitioner meets this criterion through her membership on the China 
National Team (through membership in the Chinese Volleyball Association), playing for an NAIA 
team and her selection as Most Valuable Player and for the "All-American team." The director 
concluded that the petitioner had not established the membership criteria for the Chinese Volleyball 
Association. Counsel does not directly address this criterion on appeal. 
Membership on a national team, as opposed to one of several major league teams, can serve to meet 
this criterion. As discussed above, however, the petitioner must demonstrate sustained acclaim. 
According to the materials submitted on appeal, NAIA requires only that incoming freshman have 
graduated in the top half of their class, achieved a minimum SAT or ACT score and have attained a 
grade point average of at least 2.0 in high school. These are not outstanding achievements. 
We acknowledge the petitioner's selection for All American and All Tournament "teams." The 
petitioner, however, has not addressed the director's concern that the NAIA does not have the same 
national recognition as the NCAA other than to question the basis of that concern. As stated above, the 
record lacks evidence that NAIA teams receive comparable media coverage to NCAA teams. Being 
selected among the 330 NAIA teams carries less weight than a similar selection by the NCAA, which 
has more than three times as many members. 
In light of the above, the petitioner has submitted little evidence of sustained acclaim relating to this 
criterion. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in theJield for which classzJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner submitted several news articles in unidentified Chinese newspapers, another foreign- 
language article, sports coverage on college websites and articles that appeared in the Fresno Bee. As 
noted by the director and uncontested by counsel on appeal, the record does not contain any evidence 
regarding the circulation of these papers or translations of the foreign-language articles. At the very 
least, the Fresno Bee appears to be a local paper. Moreover, most of these articles are reporting the 
results of competitions in which the petitioner played. They are not articles primarily about her. The 
exceptions appear to be a 1999 article in an unidentified foreign language newspaper and some of the 
articles in the Fresno Bee. As stated above, however, the Fresno Bee appears to be a purely local paper 
Page 6 
and the record does not contain any evidence regarding the unidentified foreign language publication. 
Thus, the petitioner has not established that she meets this criterion. 
Evidence that the alien has perjormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Counsel initially asserted that the petitioner was an "elite" member of the China National Team. Jenny 
Ping Lang, Head Coach of the U.S. National Women's Volleyball Team, in a letter that contains near 
identical language to a letter from the petitioner's coach at Fresno Pacific University, asserts that the 
petitioner's key role for the Chinese team is evidence from her most valuable player award. The record 
contains no recognition from China as a most valuable player and Ms. Lang professes no first hand 
knowledge of the petitioner's role for the China National Team. 
Regarding her role on Fresno Pacific University's team, the record contains confirmation of the 
petitioner's selection as a member of All American and All Tournament teams as well as most valuable 
player recognition. These certificates do not reflect that the petitioner was prospectively selected to 
play a leading role for the team, such as team captain. 
The director concluded that the petitioner had contributed to the success of winning teams and, thus, 
that she meets this criterion. We cannot agree. 
Volleyball is a team sport, and we cannot conclude that every member of the team that wins a team 
championship plays a leading or critical role above and beyond the other members of the team. There 
is no evidence that the petitioner was a. team captain or held some equivalent role on the Chinese 
National Team. Recognition for past achievements, such as "most valued player" relates more to the 
first criterion, which we have already addressed. In addition, membership on a type of "all-star" team 
relates more to the second criterion, which we have also already addressed. 
In light of the above, the petitioner has only satisfied two criteria as an athlete, and even that evidence is 
not persuasive of sustained acclaim in March 2005. 
Finally, the regulation at 8 C.F.R. 5 204.5(h)(5) provides: 
No offer of employment required. Neither an offer for employment in the United States 
nor a labor certification is required for this classification; however, the petition must be 
accompanied by clear evidence that the alien is coming to the United States to continue 
work in the area of expertise. Such evidence may include letter(s) from prospective 
employer(s), evidence of prearranged commitments such as contracts, or a statement 
from the beneficiary detailing plans on how he or she intends to continue his or her 
work in the United States. 
Page 7 
The director noted the lack of evidence that the petitioner intends to continue in her field of claimed 
expertise. We note that the petitioner is in the United States pursuant to a student visa, pursuing a 
degree in "international business/trade/commerce." Counsel does not address the director's concern 
about the lack of evidence of the petitioner's future plans. 
The record contains no evidence that the petitioner intends to continue competing. 
 Even if the 
petitioner were to seek work as a coach, the petitioner has no documented experience coaching. Thus, 
she not only cannot meet three criteria as a coach, she cannot demonstrate that she has an established 
successful history coaching at the national level. Thus, even if we had concluded that the petitioner met 
three criteria as an athlete, her lack of coaching experience would preclude us from concluding that 
coaching is within her field of expertise.3 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate 
that the alien has achieved sustained national or international acclaim and is one of the small percentage 
who has risen to the very top of the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished herself as a 
volleyball player 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 
indicates that the petitioner shows talent as a volleyball athlete, but is not persuasive that coaching is 
within her area of expertise. 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. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed. 
3 
 Competitive athletics and coaching are not the same area of expertise. This interpretation has been upheld 
in Federal Court. In Lee v. I.N.S., 237 F. Supp. 2d 914 (N.D. Ill. 2002), the court stated: 
It is reasonable to interpret continuing to work in one's "area of extraordinary ability" as 
working in the same profession in which one has extraordinary ability, not necessarily in any 
profession in that field. For example, Lee's extraordinary ability as a baseball player does 
not imply that he also has extraordinary ability in all positions or professions in the baseball 
industry such as a manager, umpire or coach.