dismissed EB-1A Case: Athletics

MATTER OF J-M-A-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 28, 2018 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a triathlete, seeks classification as an alien of extraordinary ability. See Immigration 
and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This first preference 
classification makes immigrant visas available to those who can demonstrate their extraordinary ability 
through sustained national or international acclaim and whose achievements have been recognized in 
their field through extensive documentation. 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner has received a major, internationally recognized award or 
met the requirements of at least three of ten alternate initial evidentiary criteria. 
On appeal, the Petitioner submits additional evidence and asserts that he meets four of the ten 
regulatory criteria and is one of the few triathletes at the very top of his field. 
Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants with extraordinary ability 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. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate 
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Matter of J-M-A 
sustained acclaim and the recognition of his or her achievements in the field through a one-time 
achievement (that is, a major, internationally recognized award). If that petitioner does not submit 
this evidence, then he or she must provide sufficient qualifying documentation that meets at least 
three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, 
published material in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USC JS, 596 F .3d 1115 (9th Cir. 2010) 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCJS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality," as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Director found that the Petitioner met one of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i)­
(x), relating to published material about him in professional, trade or major media. On appeal, the 
Petitioner asserts that he also meets the evidentiary criteria relating to lesser national or international 
awards, membership in an association requiring outstanding achievements, and a leading or critical 
role for an organization with a distinguished reputation. After reviewing all of the evidence in the 
record, we find that he has not met the requisite three criteria. 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. 
§ 204.5(h)(3)(i) 
The Petitioner submitted evidence of his placings in several duathlon and triathlon events, as well as 
cross country competitions and awards he received at the collegiate level in Puerto Rico. However, 
the Director found the evidence insufficient to establish that these placings, and any awards or prizes 
received by the Petitioner as a result, were nationally or internationally recognized. 
The record includes evidence of three placings by the Petitioner in duathlon events sanctioned by the 
The Petitioner refers to the rules as evidence of the scope 
of competition for these awards, which include first place in the 2006 
and second place in the 2009 __ and 
both in the men's elite division. Based upon these awards received in 
2 
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Matter of J-M-A 
continental duathlon competitions at the highest level of competition, the Petitioner meets this 
criterion. 
Documentation of the individual's membership in associations in the field for which 
class(fication is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields. 8 
C.F.R. § 204.5(h)(3)(ii) 
The Petitioner bases his claim to this criterion upon his representation of Venezuela at the 
competitions mentioned above. Included in the Petitioner's initial filing was a letter from 
who identified himself as the former president of the 
along with several other prominent roles for governing bodies in the sport. 
indicates in his letter that the Petitioner "is a member of the 
team," and that an athlete "must have certain qualifying times and physical abilities to qualify for the 
National Team." He further explains that selects the top two or three athletes for the team 
based upon times at qualifying competitions, and verifies that the Petitioner represented Venezuela 
as a member of the national team at the duathlon events mentioned above. However, the Director 
stated in his decision that the letter was not on letterhead and that former 
position with the organization was not corroborated. 1 In addition, he pointed to the lack of any 
official written guidance from such as its bylaws. 
On appeal, the Petitioner submits a letter on letterhead, signed by its current president and 
dated April 24, 2018, which states that the Petitioner has been an active member in the Elite division 
since 2006 and has participated in several national and international events. It also states that "he 
will continue to represent this Federation and our country." In addition, a review of the 
competition rules submitted with the initial evidence reveals that qualified athletes for the duathlon 
world championships are entered through their national federations, and are limited to six athletes 
per national federation. Together, these documents confirm that the Petitioner has been a member of 
the Venezuelan national team. Further, they show that the limited entries allowed for international 
competitions, based on sufficient qualifying times at regional and national competitions and the 
judgement of national federations, otherwise meet the remaining requirements under this criterion. 
As such, the Petitioner has established that he meets this criterion. 
Published material about the individual in professional or major trade publications 
or other major media, relating to the alien's work in the .field for which class(fication 
is sought. Such evidence shall include the title, date, and author of the material, and 
any necessary translation. 8 C.F.R. § 204.5(h)(3)(iii) 
The Petitioner initially submitted four newspaper articles as evidence in support of his qualification 
under this criterion . The Director found in his decision that the only qualifying article under this 
name appears with the title of President on a plaque awarded to the Petitioner by 
photocopy of which was submitted at Exhibit 24. 
3 
in 2003, a 
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Matter of J-M-A 
criterion was published on 2005, in what the Petitioner claimed was the Venezuelan 
national newspaper El Universal. While we agree with the Director that this article is about the 
Petitioner and his work as an athlete, the evidence does not establish that it was published in El 
Universal. Despite the Petitioner providing advertising information for El Universal, the copy of the 
newspaper clipping submitted identifies the periodical only as El Deportivo. Without additional 
evidence, we cannot conclude that this article was published in a professional or major trade 
publication or other major media. Further, of the remaining articles, which were published in Puerto 
Rican newspapers, two are about races in which he competed and another concerns an annual 
awards ceremony. Articles that are not about the petitioner do not meet this regulatory criterion. 
See, e.g., Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at * 1, *7 (D. Nev. Sept. 8, 2008) 
(upholding a finding that articles about a show are not about the actor). Therefore, we withdraw the 
Director's determination and find that the evidence does not establish that the Petitioner meets this 
criterion. 
Evidence that the individual has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 8 C.F.R. 
§ 204.5(h)(3)(viii) 
Referencing the letter from of , the Petitioner indicates that he 
meets this criterion in part based upon his role as a member of the Venezuelan national team. 
states that because the Petitioner successfully competed in Ironman triathlon events, his 
role was critical for the team. In general, a critical role is commonly one in which a petitioner was 
responsible for the success or standing of the organization or establishment. However, the letter 
gives no explanation of how the Petitioner's individual successes were critical to other members of 
the team or to the team overall. In addition, the new letter from submitted on appeal 
confirms his representation of Venezuela m events, but provides no further 
information about the role he played for overall. 
The Petitioner also submitted copies of awards won as a track and cross county athlete at , as 
well as a letter from the university's athletic director, and asserted that he played a leading or critical 
role for the in Puerto Rico. The letter indicates that as a member of the school's cross country 
team, he earned several medals and was named as the Most Valuable Athlete in two years.2 
Although these awards are evidence of the Petitioner's individual successes as an athlete, they do not 
establish that his role was essential to the overall performance or standing of the In addition, 
the record does not demonstrate that the has a distinguished reputation. Accordingly, the 
Petitioner has not sufficiently established that he meets this criterion. 
2 The record indicates that the Petitioner actually received awards from 
country in 2007-2008, and in athletics, or track and field, in 20I0-2011. 
4 
as " Most Outstanding Athlete" in cross 
Matter of J-M-A 
III. CONCLUSION 
The evidence does not establish that the Petitioner received a major, internationally recognized 
award or meets three of the ten evidentiary criteria. As a result, we need not provide the type of final 
merits analysis determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise 
that we have reviewed the record in its entirety, and conclude that it does not support a finding that 
the Petitioner has established the acclaim and recognition required for the classification sought. For 
these reasons, the Petitioner has not shown that he qualifies for classification as an individual of 
extraordinary ability. 
ORDER: The appeal is dismissed. 
Cite as Matter of J-M-A-, ID# 1757878 (AAO Nov. 28, 2018) 
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