dismissed EB-1A Case: Athletics

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
o*.mrlb 
@ 
U. S. Citizenship 
~d-m@data- to and Immigration 
P-~Y unwa- '@c4 rD sc Services 
'wasion of wml~ oheY 
pUBLJc COPY 
Office: VERMONT SERVICE CENTER 
 Date: HAY 
 2m 
EAC 04 229 50037 
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. 
 11 53(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 
- - 
ecided your case. Any further inquiry must be made to that office. 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont 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. 5 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. 
On appeal, counsel asserts that the petitioner's medal "should be given the same respect and admiration 
as a Nobel Prize." Alternatively, counsel asserts that the petitioner meets at least three of the ten 
regulatory criteria as required. Finally, counsel asserts that the petitioner's "acclaim continues, as she is 
still the winner of that medal, the first Kenyan to do so, and an inspiration to all." For the reasons 
discussed below, we uphold the director's decision. Specifically, we find that the petitioner's medal is 
not a one-time achievement, that the evidence is not indicative of sustained acclaim and that the 
petitioner has submitted persuasive evidence for only one of the ten regulatory criteria (awards), of 
which an alien must meet at least three. 
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. 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. 9 204.5(h)(3). The relevant criteria will be addressed below. It 
= Page 3 
should be reiterated, however, that the petitioner must show that she 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 an "athlete." The 
petitioner is a runner who suffm from cerebral palsy. The regulation at 8 C.F.R. 5 204.5@)(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). The petitioner won a bronze 
medal at the 2000 Paralympics in Sydney, Australia. The petitioner submitted evidence that the 2000 
Paralympics, which parallel the Olympics, drew 3,824 athletes fi-om 122 countries. Over one million 
tickets were sold' and 2,300 media representatives covered the games. The games could also be 
viewed on a webcast. 
The director did not consider whether the petitioner's bronze medal could be considered a one-time 
achievement. On appeal, counsel asserts that a "medal in the Paralympic Games is the kghest award 
possible for a track and field athlete with disabilities" and, thus, "should be given the same respect and 
admiration as a Nobel Prize." The only example of a one-time achievement provided in the legislative 
history is a Nobel Prize. H.R. Rep. No. 101-723 at 59 (1990). The regulations make clear that not 
every international award or prize can serve as a one-time achievement, only those that are major and 
internationally recognized. A "lesser" internationally recognized award can serve to meet one of the 
alternative regulatory criteria, of whch an alien must meet at least three. 
The statutory standard for the classification sought is "sustained national or international acclaim." The 
Nobel Prize generates significant media attention internationally. Similarly the Olympics are broadcast 
on primetime television internationally. Such media attention garners sigruficant acclaim for those who 
win a Nobel Prize or Olympic medal, consistent with the statutory standard for this classification. The 
petitioner has not demonstrated that the Paralympics generate nearly the media attention internationally.. 
Moreover, the Nobel Prize is awarded in broad categories such as Economics and Chemistry. Such a 
broad pool of possible winners contributes to the overall prestige of winning. Similarly, each Olympic 
event is heavily contested. The Paralympic Games, however, by necessity must limit events by 
disability classification, narrowing the competition. Specifically, not only are the Paralympics limited to 
athletes with disabilities, the petitioner competed in an event limited to those with her same disability. 
While we are cognizant of the obstacles disabled athletes face, it remains that narrowing the petitioner's 
field to disabled athletes significantly reduces the pool of competitors. While we are persuaded that the 
petitioner's medal is a noteworthy accomplishment relevant to these proceedings, we are not persuaded 
that it serves as a one-time achievement such that no additional evidence is necessary. 
Barring the alien's receipt of a major, international recognized award, the regulation outlines ten 
criteria, at least three of which must be satisfied for an alien to establish the sustained acclaim necessary 
1 
According to www.gamesinfo.com.au, 6.7 million tickets were sold to the Sydney Olympics. 
Page 4 
to qualify as an alien of extraordinary ability. The petitioner has submitted evidence that, she claims, 
meets the following   rite ria.^ 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
As discussed above, the petitioner won a bronze medal in the 2000 Paralympics. As a tribute to this 
achievement, in December 2000 the petitioner received the Head of State's Commendation (Civilian 
Division) from the Republic of Kenya. We are persuaded that such achievements can serve to meet this 
criterion. As noted by the director, however, the petitioner won those awards nearly four years prior to 
filing the petition. On appeal, counsel asserts that the petitioner's acclaim is sustained because she "is 
still the winner of that medal." Counsel's logic is not persuasive. Any individual who has ever 
accomplished anything will always be able to claim the accomplishment as her own. Thus, counsel's 
reasoning would undermine the entire meaning of "sustained." Congress expressed its intent that aliens 
with sustained acclaim would be able to demonstrate a "career of acclaimed work in the field." H.R. 
Rep. 101-723 at 59 (1990). We concur with the director that the petitioner has not sustained her 
acclaim after 2000. Regardless, for the reasons discussed below, the petitioner has not established that 
she meets two additional criteria. 
Documentation of the alien's membership in associations in the field for which classijication is 
sought, which require outstanding achievements of their members, as judged by recognized national 
or international experts in their disciplines or fields. 
The director concluded that the petitioner did not submit evidence to meet this criterion. On appeal, 
counsel continues to assert that the petitioner's selection for Kenya's 14-member national Paralympics 
team serves to meet this criterion. The record contains no evidence as to how many disabled women 
run competitively in Kenya such that we can evaluate the competition to join the national team. Even if 
we were to conclude that the petitioner's national team membership is comparable evidence to meet 
this criterion, the petitioner was chosen for a team that competed in 2000. Thus, once again, her team 
membership is not evidence of sustained acclaim after 2000. 
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 classijication is sought. Such evidence 
shaIl include the title, date, and author of the material, and any necessary translation. 
Initially, the petitioner submitted an Internet report posted on the Daily Nation's website that reports on 
the Kenyan team's results at the Paralympics. In response to the director's request for additional 
evidence, the petitioner submitted an article in the East African Standard reporting on eleven athletes 
who received state honors in 2000. The petitioner is one of those athletes. 
2 
 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this 
decision. 
Page 5 
The director concluded that the evidence did not demonstrate sustained national or international 
acclaim. We concur with the director. Moreover, the petitioner did not submit any evidence regarding 
the significance of the Daily Nation's website or the circulation of the East Aj?ican Standard. Even 
assuming these media are major media, neither the report nor the article is primarily about the petitioner 
as required by the plain language of this criterion set forth at 8 C.F.R. 5 204.5(h)(3)(iii). Thus, the 
materials cannot serve to meet 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 the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished herself as a 
runner 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 disabled runner, but is not persuasive that the petitioner's achievements set 
her significantly above almost all others in her 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.