dismissed EB-1A Case: Athletics

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Sewices 
Of$ce of Administrative Appeals 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. tj 1 153(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to 
have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 
5 103.5 for the specific requirements. All motions must be submitted to the office that originally decided 
your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be 
filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 
5 103,5(a)(I)(j). 
Acting Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Texas Service Center. The petition 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. 
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 has risen to the very top of the field of 
endeavor. 8 C.F.R. €j 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 seeks to classify the petitioner as an alien with extraordinary ability as a wrestler. 
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 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. 
Page 3 
The petitioner has submitted evidence that is arguably relevant to 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. 
With the petition, the petitioner submitted several pictures of trophies and medals; however, he 
submitted no documentation to confirm that any of these trophies or medals was presented to 
him or the significance of the awards. The petitioner also submitted photocopies of documents 
purporting to be translations of award diplomas. However, he failed to provide copies of the 
original documents that were translated. 
The petitioner submitted a copy of a diploma from the 1 lth World Cadet Free Style Wrestling 
Championship held in New Delhi, India from June 17 to June 21, 1997. The diploma indicated 
that the petitioner placed third in the 75kg weight category. The petitioner submitted no 
documentation to establish that this award was nationally or internationally recognized as an 
award of excellence in wrestling. 
In response to the director's request for evidence (RFE) dated September 12, 2007, the petitioner 
stated that, with the petition, he had attached a note to each photograph of the medals. However, 
the record does not contain these notes. Further, a simple note attached would not meet the 
petitioner's burden of proof for establishing that he won the award indicated or the significance 
of the award. Going on record without supporting documentary evidence is not sufficient for 
purposes of meeting the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 
158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Comm. 1972)). The petitioner also provided a list of tournaments that he stated he had 
participated in and his standing in each of them. The petitioner submitted no other 
documentation to corroborate these results. 
The petitioner further asserts that FILA is the only federation for Olympic-style wrestling, and 
that the "title of FILA World champion is incontestable and irrefutable around [the] Globe." 
However, the petitioner submitted no documentation to support his statement. See id. 
The evidence does not establish that the petitioner meets this criterion. 
Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields. 
To demonstrate that membership in an association meets this criterion, the petitioner must show 
that the association requires outstanding achievement as an essential condition for admission to 
membership. Membership requirements based on employment or activity in a given field, 
minimum education or work experience, standardized test scores, grade point average, 
recommendations by colleagues or current members, or payment of dues do not satisfy this 
criterion as such requirements do not constitute outstanding achievements. The overall prestige 
of a given association is not determinative. The issue is membership requirements rather than the 
association's overall reputation. 
In response to the RFE, the petitioner stated that he was a member of the Georgia National 
Olympic team in wrestling and that "[bly definition and purposes, only outstanding sportsman 
can become the member of national Team." The petitioner submitted no documentation to reflect 
that he was a member of the Georgia National Olympic team. In a letter dated December 5, 2006 
- - A 
stated that the petitioner was his wrestling 
prepared for the Sidney Olympic Games. In an April 17, 2007, 
contributed to the sport achievements of Olympic prizewinner = 
and in an April 17, 2007 letter from the National Wrestling Federation of Georgia, 
- 
the petitioner was deschbed as "a wrestling partner and was 
World Champions and Olympic Games prize winners as 
However, none of these individuals indicate that the petitioner was an actual 
member of the team that competed in the Olympics. Further, the petitioner submitted no 
documentation to corroborate that or were Olympic champions 
or competed in the Olympics. See Matter of Soffici, 22 I&N Dec. at 165. 
The petitioner submitted no evidence that he meets this criterion. 
Published materials about the alien in professional or major trade publications or other 
major media, relating to the alien's work in the field for which classzfication is sought. 
Such evidence shall include the title, date, and author of the material, and any necessary 
translation. 
In order to meet this criterion, published materials must be primarily about the petitioner and be 
printed in professional or major trade publications or other major media. To qualify as major 
media, the publication should have significant national distribution and be published in a 
predominant language. Some newspapers, such as the New York Times, nominally serve a 
particular locality but would qualify as major media because of a significant national 
distribution. 
The petitioner submitted a copy of an article purportedly about his becoming a world prize 
winner in the free wrestling category of the World championship of Juniors. The copy of the 
translation accompanying the document truncates the information regarding the translator, and 
the translator and any certification by the translator is not shown. The translation submitted does 
not comply with the provisions of 8 C.F.R. 5 103.2(b)(3), which requires that documents 
submitted in a foreign language "shall be accompanied by a full English translation which 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." Further, the translation 
does not indicate the media in which the article appeared, the article's title, date or author. 
Because the petitioner failed to submit certified translations of the documents, the AAO cannot 
determine whether the evidence supports the petitioner's claims. Additionally, as the document 
' Page 5 
does not contain the information required by the regulation, the evidence is not probative and 
will not be accorded any weight in this proceeding. 
The record also contains copies of pages from the website of the US Olympic Team, USA Today, 
and Sports Features Communications. The articles report on the results of the Titan Games, 
which were held prior to the 2004 Olympics. The petitioner's name is listed in the competition 
results; however, none of the documents are primarily about the petitioner or his work. 
The evidence does not establish that the petitioner meets this criterion. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The wording of this criterion indicates it is intended for those in the visual arts such as sculptors 
and painters. The petitioner claimed in response to the RFE that "[flor Sportsman, the 
participation in numerous championships and international tournaments I think is equivalent of' 
the display of his work at artistic exhibitions or showcases. The petitioner submitted no statute, 
regulation or case law that supports his contention. A sporting event is not an artistic showcase 
or exhibit. The plain language of,the regulation at 8 C.F.R. 5 204.5(h)(3)(vii) is not ambiguous. 
We are satisfied that "artistic" modifies both "exhibitions" and "showcase." The evidence does 
not establish that the petitioner meets this criterion. Thus, this criterion is clearly applicable to 
artists. The evidence does not establish that the petitioner meets this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
To meet this criterion, the petitioner must show that he performed a leading or critical role for an 
organization or establishment and that the organization or establishment has a distinguished 
reputation. 
In his response to the RFE, the petitioner states that he is a member of the Georgia National 
Olympic team in wrestling. However, he submitted no documentation that his position as a 
member of the team was in a leading or critical capacity. 
The petitioner stated in his December 6,2007 that: 
[Elvery expert in Wrestling knows about [the] phenomena of Georgian wrestlers. 
From 1952, when Georgian wrestlers first time took part in Helsinki Olympic 
games, Georgian wrestlers won 18 gold prize only in wrestling . . ., numerous 
silver and bronze prizes, more than 100 World Gold prizes, and at [sic] cetera. 
Nevertheless, although the Georgian wrestlers may have enjoyed historical success, the 
petitioner submitted no documentation to establish that he has won any Olympic medals or 
otherwise has placed in the very top of the Georgian tradition. 
Page 6 
The petitioner submitted several letters of reference and recommendation from others in the field 
of wrestling, who describe him as "one of the best wrestlers in free style," "a great athlete with 
amazing wrestling technique," and "a great wrestler." However, only one describe the petitioner 
as "one of the best," and none attest that he is at the very top of his field. 
The petitioner has not established that he meets this criterion. 
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 his field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished himself as 
a wrestler 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 him field. 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.