dismissed EB-1A Case: Athletics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-Z-A-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 7, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a powerlifter, seeks classification as an individual of extraordinary ability in athletics. 
See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § ll53(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 Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner met one of the ten initial evidentiary criteria, of which he 
must meet at least three, and that he had not provided sufficient evidence of his plan to work in the 
United States. The Petitioner filed a motion to reopen the matter and the Director affinned the 
conclusion of his prior decision while finding that he met the membership criterion, discussed below. 
On appeal, the Petitioner submits additional evidence and contends that he meets three criteria. 
Upon de novo 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 m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. 
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Mauer of R-Z-A-
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 two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships, and published material in certain media). 
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. USCJS, 596 F.3d 1115 (9th Cir. 20 I 0) 
(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 merit s detennination); 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.O. Wash. 20 II). This two-step analysis is consistent with our holding that the "tru th 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 credib ility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Mat!er ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
ll. ANALYSIS 
The Petitioner is a powerlifter. As the Petitioner has not 'established that he has received a major, 
internationally recognized award, he must satisfy at least three of the ten criteria at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). The Directo r held that the Petitioner met the awards criterion at 8 C.F.R. 
§ 204.5(h)(3)(i). Then on motion he held that the Petition er met the membership criterion at 
8 C.F.R. § 204.5(h)(3)(ii) but that he had not met a third criterion. On appeal, the Petitioner asserts 
that he meets the following additional criteria: published material at 8 C.F.R. § 204.5(h)(3)(iii) and 
high salary at 8 C.F.R. § 204.5(h)(3)(ix). While we find that the Petitioner meets the published 
material criterion , we conclude that the record does not establish that he meets the membe rship 
criterion as found by the Director. Therefore, the Petitioner has not satisfied at least three criteria. 
Documentation of the alien 's receipt of lesser nationally or internationally recognized prizes 
or awards for excellence in the field o.f endeavor. 8 C.F.R. § 204.5(h)(3)(i). 
The Petitioner submitted evidence indicating that he won gold and silver medals in the 2013 
in which includes setting two world records for squat in his 
age and weight class. Additional awards he received include a fourth rank in the 20 1 0 
m 
2014 
Champion of Champions award at the 
a gold medal and Champion of Champions award in the 
in Iran; a gold medal and Champions Cup at the 2014 
Championships; a gold medal , Champions Cup and 
Powerlifting, Bench-press and Deadlift competition in 
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Matter ofR-Z-A-
Russia; and two gold medals at the 2016 
Championships. Accordingly , he has established that he meets this criterion. 
Documentation of the alien's membership in associations in the field for which class(fication 
is sought, which requir e outstanding achievements of their members, a.~"judged by recognized 
national or international experts in their disciplines or fields. 8 C.F.R. § 204.5(h)(3)(i i). 
The Petitioner asserts that he mee~s this criterion due to his memb ership in the 
previously known as the and because he has been 
a member of since 2013. The record does not support a finding 
that these orga nization s require outstanding achievements of its member s. The record contains the 
Constitut ion, which states that it is an amateur associat ion that was founded in 20 15 that allows 
member state affiliates to join the upon paying an annual membership fee. The 
Constitution does not indicate that it requires outstanding achievem ents of its members. 
In a letter from the President of who states that he has the sole responsibility of 
select ing the members of Iran's powerlifting team to compete in events , he indicates that "[t]or 
an Iranian Powerlifter being a member of the and representing Iran in regional and 
international competitions is the highest level of professiona l powerlifting achieve ment." 
asserts that "only the most exceptiona l and talented Iranian powerlifter s are selected to be a 
member of and that he consid ers "all the achievemen ts and 
performances of powerlifter s in national compe titions" in selecting members of the team. However , 
the record does not contain the rules for member ship or bylaws of 
regarding the selection process for the team or other objective evidence to establish that outstand ing 
achievements are required for member ship. While states that h e consider s all the 
achievements of powerlifte rs in selecting membc;:rs of the national team, the recor d does not contain 
object ive evidence indicatin g that outstanding achieve ments are required for all members . 
Theretore, the Petitioner does not meet 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 (~( t he material. and any necessary translation. 8 C.F.R. 
§ 204 .5(h)(3)(iii). 
The record contai ns several article s publi shed in the abou t the Petitioner and 
his successes as a powerlifter. The Director concluded that this is not maj or media, but on appeal the 
Petition er has provided evidence demonstrating that the is the third most 
popular newspaper in Iran with significant daily c irculation. Therefore , the Petition er meets this 
criterion. 
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Mauer of R-Z-A-
' Evidence !hal !he alien has commanded a high salary or other significantly high 
remuneralionfor services. in relation to others in !he .field. 8 C.F.R. § 204.5(h)(3)(ix). · 
On appeal, the Petitioner states that he submitted letters and affidavits regarding the remuneration he 
received as a professional powerlifier, but he indicates that he is unable to demonstrate that he 
commands a high salary because Iran does not have any official sources to indicate the level of income 
for athletes. The record also lacks information on income for powerlifiers internationally. Therefore, 
the Petitioner has not established that he has commanded a high salary in relation to others in his 
field. 
lii. CONCLUSION 
The Petitioner has not established eligibility as an individual of extraordinary ability under section 
203(b)(I)(A) of the Act because he has not submitted the required initial evidence of either a 
qualifying one-time achievement or documents that meet at least three of the ten criteria listed at 
8 C.F.R. § 204.5(h)(3)(i)-(x). Thus, we do not need to fully address the totality of the materials in a 
final merits determination. Kazarian, 596 F.3d at 119-20. Nevertheless, we advise that we have 
reviewed the record in the aggregate, concluding that it does not support a finding that the Petitioner 
has the level of expertise required for the classification sought. 
ORDER: The appeal is dismissed. 
Cite as Maller of R-Z-A-, ID# 1222031 (AAO June 7, 20 18) 
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