dismissed EB-1A

dismissed EB-1A Case: Athletics

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Athletics

Decision Summary

The appeal was dismissed because the director had initially determined the petitioner failed to establish sustained national or international acclaim. On appeal, counsel failed to provide required documentation, specifically full English translations of foreign language documents such as articles and award certificates, which is a regulatory requirement to establish the significance of the evidence.

Criteria Discussed

Sustained National Or International Acclaim Extensive Documentation Awards Articles About The Alien Translation Of Foreign Language Documents

Sign up free to download the original PDF

View Full Decision Text
U.S. Department of IIomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
pul3LlC COPY 
lmfiing data deleted to 
prevent clearly unwafiand 
invasion of privacy 
FILE: Office: NEBRASKA SERVICE CENTER Date: MAY 2 8 2oO8 
LIN 07 088 52168 
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. ยง 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. 
z&ert P. ~jema)n, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) 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 1153(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 submits a brief and additional evidence, some of which had been specifically 
requested by the director previously. Counsel acknowledges that the petitioner bears the burden of 
proof in this matter, but asserts that "translating every piece of document is impractical and unrealistic." 
The regulation at 8 C.F.R. 5 103.3(b)(3) provides: "Any document containing foreign language 
submitted to USCIS shall be accompanied by a full English language translation which the translator 
has certified." (Emphasis added.) We recognize that there are some documents, such as articles or 
books by the petitioner that are submitted to establish their existence rather than to document the 
information contained in them, where translations would not necessarily be material to the adjudication 
of the petition. Any document submitted to establish the information provided in that document, 
however, such as awards, appointment certificates and articles purportedly "about" the alien, must be 
accompanied by complete certified translations. 8 C.F.R. 5 103.3(b)(3); see also 8 C.F.R. 
5 204.5(h)(3)(iii). Counsel's remaining assertions will be addressed below. 
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 into the United States will substantially benefit 
prospectively the United States. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) 
have consistently recognized that Congress intended to set a very high standard for individuals seeking 








Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.