dismissed EB-1A Case: Athletics

U.S. Department of Homeland Security 
20 Mass. Ave.. N.W., kn, A3042 
Washington. DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: Office: VERMONT SERVICE CENTER Date: JCN 0 2 m5 
IN RE: Petitioner: 
Beneficiary: 
PETITIOS: lmmigrant 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. 5 1 153(b)( 1 )(A) 
'rhis is the decision of the Administrative Appeals Office ii~ your case. All docu~rients nave been relurncd to 
the office that originally decided your case. Any further inquiry mcst bt: rnadz to that office. 
-<?bet-t P. iVlematun, Director 
,ldrn;r:istrati;,e Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(I)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics. The director determined that the petitioner had not established the sustained national or international 
acclaim requisite to classification as an alien of extraordinary ability. 
Section 233(b) of the Act states, in pertinent part: 
(I) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who arc: 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 wl!l substantially benefit prospectively 
the United States. 
'The applicable regulation defines the statutory term "extr3ordinary abil~ty" as -'a level of expertise indicating 
that the ~ndividual is one of that small percentage who have risen to the very top of the field of endeavor." 
8 C.F.R 204.5(h)(2). Specific supporting evidence must accompany the petition to document the "sustained 
national or international acclaim" that the statute requires. 8 C.F.R. 5 204.5(h)(3). An alien car1 establish 
sustained national or international acclaim through evidence of a "one-time achievement (that is, a major, 
international recognized award)." Id. Absent such an award. an alien can establish the necessary sustained 
accliiir,: by meeting at least three of ten other regulatory criteria. ld. 
in this cass. the petitioner seeks classification of the beneficiary as an alien with extraordinary ability in athletics 
as a ceach hnd consultant for an athletic shoe store operated hy rhz petitioner. The petitioner initially submitted 
a !ettes from the beneficiary, documentation of the beneficiary's gold medal 5-om the 1,500 meters race at the 
1988 Olympiis, an invitation addressed to the petitioner to meet with ihe Pope in 1995, a photograph of the 
Scncficiar> and the Pope, invitations for speaking engagements and a recommendation letter from the 
conimunicaiions director of the International Association of Athletics Federations. The director found no 
evidence reiated to the beneficiary's accomplishments as a coach or consult an^ and determined that the record 
did !:tit :stzblish thc requisite sustained acclaim and did not indicate that the beneficiary would continue 
~crIci1;g in his field. a brief and additional documents including a letter from the 
petitioner's president, nine recommendation letters, two sewspaper articles written by the 
hencficizry srjd a organitcd by the beneficiary. Counsel's claims and the 
additional evidence do not overcome the substantive reasons for denial and we affirm the director's decision. 
The evidence submitted, counsel's contentions and the director's decision are addressed in the following 
discussion of the statutory and regulatory criteria relevant to the petitioner's case. 
We first address the issue of the beneficiary's plans to continue working in the United States in his field. To 
grant classification as an alien with extraordinary ability, Section 203(b)(l)(A)(ii) of the Act, 8 U.S.C. 
$ 1153(b)(l)(A)(ii) requires that the petitioner establish that the alien seeks entry into the United States to 
continue working in his or her area of extraordinary ability. In this case, the petitioner seeks classification of 
the beneficiary as an alien with extraordinary ability in athletics so that he may continue working as a coach 
and consultant for the petitioner's athletic shoe store, which is affiliated with the New Balance company. 
The petitioner initially submitted no employment contract or other evidence that the beneficiary would 
continue working for the petitioner. The beneficiary's own letter focused on his independent charitable 
activities and only briefly mentioned his work for the beneficiary The beneficiary stated: 
Afteq my retirement from active sports, I established a non-profit enterprise now called the 
Educational and Training Center (PRETC). The Center is based in my 
hometown, Kapsabet, Kenya and it's responsible for identifying prospective student athletes 
who may be eligible to run and attend college in the United States, and other great countrit:~. 
. . . To date PRETC has succeeded in assisting over 200 student athletes, each of who is 
taking technical degree courses that will in future uplift poor communities in Africa. I have 
also been giving motivational spseche5 to middle schools, high schools, athletic camps and 
Universities and Colleges across the US. . . . I am currently working for New Balance North 
Jersey as a consultant and coach for a group of elite runners and sports lovers in general. 
On appeal. the petitioner explains that the beneficiary coaches runners and racewalkers sponsored by the 
shoe store and also gives motivational speeches at events organized by the petitioner. The petitioner states 
that the beneficiary's presence at the shoe store attracts champion runners who "request th-elect their 
training and racing shoes for them." The petitioner does not clearly state what exactly the beneficiary does as 
a consultant, but praises the beneficiary as an extraordinary individual and credits him with the store's 
success. A recommendation letter from the sports journalist lrther explains that: 
[i]t was probably a mistake to characterize [the beneficiary's) work as that of a "consultant." 
How would anyone demonstrate "extraordinary ability" as a consultani? Rather, 
bl 
s hi!; 
company's representative, in the best sense of the word - not ii mere salesman, ut a figure 
of great repute and achievement who brings respect and honor to the enterprise he represents 
through his quiet charisma. 
Other documents in the record establish that the beneficiary has been working for the petitioner as a coach and 
consultant in 0-1 nonimmigrant status since January, 2001. We find the evidence sufficient to establish that the 
beneficiary intends to continue working as a coach and consultant for the petitioner and thus satisfies section 
203(b)(l)(A)(ii) of the Act, 3 U.S.G. 5 1 153(b)(l)(A)(ii). 
One-time uchievement fihat is, a major, internufionul recognized a~vard). 
The record contains a photocopy of the beneficiary's Olympic gold medal and several documents affirm that the 
beneficiary was the gold medalist in the 1,500 meters race at the 1988 Olympics in Seoul. The director correctly 
determined that the beneficiary's gold medal alone was insufficient to establish the sustained national or 
international acclaim requisite to classification as an alien with extraordinary ability. Olympic gold medals 
demonstrate that an athlete has reached the top of his or her field and may be sufficient to establish the requisite 
sustained acclaim if the athlete remains active in his or her sport. In this case, the beneficiary has retired from 
active sports. On appeal, counsel claims that the beneficiary has sustained his athletic acclaim through his 
coaching and consulting activities and cites the recommendation letters submitted on appeal. As discussed 
below, these letters do not sufficiently support counsel's claim. 
In her decision, the director cited "prior decisions" of this office for the principle that "competitive athletics and 
coaching are not the same area of expertise." Our office has stated that an alien who seeks to enter the United 
States as a coach under the extraordinary ability classification cannot rely solely on past acclaim as an athlete. 
However, we have also held that given the nexus between competing and coaching, in a case where an alien has 
clearly achieved national or international acclairn as an athlete and has sustained that acclaim in the field of 
coaching at a national level, an adjudicator may consider the totality of the evidence as establishing an overall 
pattern of sustained acclaim and extraordinary ability. In this case, the record contains insufficient evidence to 
document the beneficiary's claimed work as a coach, let alone establish that he has garnered sustained national 
or international acclaim for his coaching. 
The record contains four docun~ents relating to the beneficiary's activities as a coach. A sidebar article in what 
appears to be a course catalogue for Mount Saint Mary's College in Maryland contains a photograph of the 
beneficiary and states 
4F 
recently returned to the Mount to become an assistant coach in track and field 
events and to obtain his BA." The petitioner also submitted three recommendation letters that discuss the 
beneficiary's coaching. While such letters provide relevant information about an alien's experience and 
accomplishments, they cannot by themselves establish the alien's eligibility because they do not demonstrate 
that the alien's work is of major significance in his field beyond the circle of individuals with whom he has 
worked directly. Even if written by independent experts. recommendation letters solicited by an alien in support 
of an immigration petition carry less weight than preexisting evidence of major contrib~tions that one would 
zxpect of an alien who has sustained national or international acclaim. 
Head Track and Field Coach at Mount Saint Mary's College, states that the beneficiary was a 
cross country coach for the college and heralds the accomplishments of two of the beneficiary's students. 
According to one student finished second in the "NACC Cross Count championships and the 
other earned honors five times running for Mt. St. Mary's." also states that "the 
international Governing Body for Track & Field (IAAF) commended [the beneficiary] for the success of his 
pupils at the 2000 Olympics.was hired to coach athletes from Africa at the IAAF sponsored training 
camp." However the recordcontains evidence to A letter from 
-tates that "[wlhen I was in 
College. . . . He was my coach in Mount Saint Mary's and University in cross-country. In 
2001, I made a breakthrough in my running 
petitioner's letter states that the beneiisiary has coached several runners and racewalkers sponsored bv the 
petitioner's shoe store ionships far juniors and for athletes over 40 and over 70. 
One of these runners is ho states that she 'just competed in the masters exllibitioil 
800 meter event at the 2003 Indoor Masters National 
requires the advice and input of Peter Romo [sic]. . . I drive 45 minutes biweekly to hav o over my 
training and race preparation material. 1 would be extremely lost without him coaching me." 
that the beneficiary has had limited success as a coach, but the record contains no primary evidence of the 
accomplishments of the athletes whom the beneficiary has coached Accordingly, the record is insufficient to 
establish that the beneficiary's international acclaim as an Olympic gold medalist has been sustained as a coach. 
There is also insufficient evidence of the beneficiary's accomplishments as a consultant, as discussed below 
under the fourth and fifth criteria and the comparable evidence provision. 
(i) Doczrmentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards 
for excellence in theJieId of endemor. 
In addition to the Olympic gold medal, the record indicates that the beneficiary has won several other 
international and national running competitions, but contains no primary evidence of those awards or prizes. 
Prizes or awards won by athletes whom an alien has coached may provide comparable evidence of the alien's 
eligibility under this criterion pursuant to 8 C.F.R. § 204.5(h)(4), but the record in this case contains no primary 
evidence of any prizes or awards won by athletes whom the beneficiary has coached. 
The record also contains a copy of a plaque readin "NCAA I1 Cross Country Hall of Fame. m 
2003." The petitioner states that "[mlany o 
h 
awards are for his ability to run, but are enhanced by 
his character. This includes admission to t e NCAA Hall of Fame, a prestigious and select body, which - 
includes character as an important qualification." The record contains no independent evidence to sicpport this 
claim or otherwise document the significance of the beneficiary's NCAA award. Accordingly, the beneficiary 
does not meet this criterion. 
{tii) Published muterial about the alien in professionul or major trade publicutions or other ~najvr media, 
relating to the alien's work in thejield for which cluss~Jicution is sought. Such evidence shull include the 
trtle, dute, and author of the nzuterial, and any nece.ssary tmnslaiion. 
The record contains excerpts from two books and two trade publications that document the beneficiary'$ 
Olympic gold medal performance in 1988; an article entitled "Kenya's Olympics" from the November 1988 
New AJi.icun that contains a drawing and a photograph of the beneficiary; and a publication of Mount Saint 
Mary's College entitled "Mount Track '88-'89" that features photographs of the beneficiary at the Olynlpics and 
a short article listing his accomplishments as a runner. The record contains no evidence that these books and 
periodicals are professional or major trade publications or other major media. In addition, the articles all relate 
to the beneficiary's athletic achievements. The record is devoid of any published material concerning the 
beneficiary's work as a coach or consu:tmt. Thc articles do ncit reflect the requisite sustained acclaim in the 
beneficiary's claimed field cf expertise and he conser,uently does not meet this criterion. 
On appeal, the petitioner submitted ap article entitld "Wcrld hlarathon Record Holder Visits Lyndhurst" 
published in the June 10, 2004 edition of The Conzmet-ciul the beneficiary's 
role in arranging a visit of the champion Kenyan marathoner, New Jersey. This 
article was published six months after the petition was considered. l'hc 
beneficiary's eligibility must be eitabiished st the timc of tiling. See 8 C.FR. $ 103.?(bXIZ), .Li'~tlir of 
Katigi~uk, 14 I&N Dec. 45.49 (Comm. 1971). 
fiv) Evidence of the alien's prrrticipation, either in~ividuully or on upanel, as a judge qf the work of othcrs 
in the same or arz alliedJield ofspec @cation fir which c/a.~slJicution is sought. 
Although coaching may establish an alien's eligibility under this criterion when it reflects the requisite sustained 
acclaim, the record in this case contains insufficient evidence of the beneficiary's work as a coach. The 
beneficia 's ur orted selection to coach athletes from Africa at the IAAF sponsored training camp (as stated 
in -letter) or the beneficiary's selection as a cross country coach for Mount Saint Mary's 
Co ege m~ght satisfy this criterion if those positions were adequately documented. Yet the record contains 
no primary evidence of either position or documentation that the beneficiary's selection as a coach for these 
two institutions reflects sustained national or international acclaim. Accordingly, the beneficiaq does not 
meet this criterion through his work as a coach. 
Several recommendation letters indicate that the beneficiary has also judged the work of others as a recruiter " - 
of Kenyan athletes for colleges and ed States, work that has purportedly garnered 
sustained national and international acclaim. IAAF communications director state:; that the 
beneficiary "is universally respected his quiet, effective work on 
behalf of young student-athletes in his native country, Kenya." states that the beneficiary's 
"reputation here is nationwide. He or graduated from - - 
colleges and U.S. His recommendation alone made it possible for them to attend our 
universities." second-place tinisher at t'he NCAA nationals, confirms that he was 
recruited by t states that his sister .'is one of more than 200 Kenyan students - 
has helped to secure scholar her their education in American universities." John Manners, the 
sports journalist, states that "dozens of young men and women [the beneficiary] and developed have 
t distinction, running on scholarships helped them secure. 
on the World Indoor Championship earlier hiis year 
f Coaching Education and International Sports at Kennesaw State 
eficiary "has young men and women to 
compete and for our track teams and to gain an education." Track and Cross Country Coach at 
Central Arizona College explains that the be~eficiary offer his assistance in the 
recruiting of Kenyan student-athletes. I did not knov-t the time but knew who he was through his gold 
medal in the 1988 Seoul Oly~npics in track and field. . . . He has helped Central Arizona College recruit eight 
different student-athletes period. A11 have been honor students, outstanding athletes, and 
GREAT people. Because of irect involver~~ent with us we have been National Champions in track 
and field twice, and twice 
Although the beneficiary's recruiting work arguably falis within his claimed field of expertise in coachina 
w 
and consulting, the record contains no corroborative documentation of the b ciary's work as a recruiter or 
the accomplishments of students he has recruited besides 
C 
There is also insufficient 
evidence that the beneficiary's role as a recruiter has gained r cogn~tlon in his field bevond those individuals - 
with whom he has worked directly or who have personal knowledge of his accomplishments. Consequt:ntly, 
the beneficiary does not meet this criterion. 
{v) E13idence of ihe alien h origiml ~cimzfic, ~chohr/y, ~rvlistic. athietic, o? business-related contributior?~ oj 
mujor s igniJicunce in the$elc! 
7he record indicates that the beneficiary has made valuable contributions to the cultivation of young athletes In 
Keny3 and their recruitment by U.S. colleges and universities. The beneficiary's work as a recruiter was 
previously discussed under the fourtli criterion. The word alsc, contains copies of two articles written by the 
beneficiary that urge reform of th (KAAA), but no documentation of the 
impact - if any - of these articles 
Many of the recommendation letters submitted on appeal praise the beneficiary's charitable endeavors and his 
efforts to encourage the athletes he recruits to use their education to contribute to the development of their 
native country. Fattests that as "a fellow Kenyan athlete [and] the current World Record holder 
in the marathon, e has been inspired by the beneficiary's athletic achievements and that the beneficiary's 
"community service in Kenya also inspired me to become involved in activities that help to benefit the world 
beyond athletics. I was recently appointed an Ambassador against Hunger by the United Nations World Food 
Programme." While the beneficiary's charitable work is clearly commendable, the record contains insufficient 
documentation of the beneficiary's exact activities and the impact of this work in his field. The evidence does 
not demonstrate, for example, that the beneficiary's charitable work is unique or original among former athletes, 
or that it has significantly influenced other track and field coaches and consultants. Accordingly, the beneficiary 
does not meet this criterion. 
(vi) Evidence of the alien's authorship of .scholarly articles in rhe $field, in profe.ssiona1 or nzajor trade 
publications or other mujor media. 
The record contains copies of the aforementioned articles written by the beneficiary and urglng refonn of the 
:<MA. The articles were publislied in the January 5, 2002 edition of the Saturday Nation, which appears to be 
a Kenyan newspaper. The record contains no circulation or publication information about the Saturduy Nation 
or any other evidence that would establish that the newspaper is a professional, major trade publication or a 
nationally circulated newspaper in Kenya. Consequently, the beneficiary does nct meet this criterion. 
(vilii Evidence that the alien hos perfortned in a le~ding or critical role for orgunizations or estctbli~hnrents 
that have a distinguished reputofion. 
To meet this criterion, a petitioner must establish the nature of the alien's role within the entire organization or 
establishment and the reputation of the organization or establishment. In this case, the beneficiary has worked 
(and intends to continue working) as a coach and consultant for the petitioner's shoe store. The record contains 
no organizational chart or other documentation that would establish the beneficiary's exact position at the store, 
although he is clearly a highly valued employee. As the petitioner states: 
i am the lackiest person in the world to hav- working at our store. That has 
given us cache [sic] that has put a shoe store on the map, and made me (a non-runner) a 
lurnitlary ill the track and field community, that made our New Balance store'the number 1 or 
2 ranked New Ealance store in the country (out of over 100) for the last three years. and has 
allowcd us to put together a collection of national champion atllletes that no other store can 
inatc h. 
tlltilough tlie petitioner thus credits the beneficiary's presence with the store's success. the petitioner prcvides 
no czlroborative documentation to support this claim. Simply going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these prcceedings. M~ztter ofS'off;c~. 22 
I&N Dec. 158, 165 (Comm. 1998) (citing .IMafter of Treu.vure Craft of Cal!fbrnia, 14 I&N Dec. 190 (Keg. 
Comm. 1973)). The record is also devoid of any independent evidence that the petitioner's shoe store has a 
distinguished rcputatisn. 
The beneficiary states that he established the Educational and Training Center (PRETC) in 
Kapsabet, Kenya, but the record contains no that he had or continues to perform in a 
leading or critical role for PRETC. There is also no evidence of PRETC's reputation in the record. 
Accordingly, the beneficiary does not meet this criterion. 
0 Evidence that the alien has commanded a high salary or other signijkantly high remuneration for 
services, in relation to others in the$eld. 
The petitioner's Form 1-140 indicates that the beneficiary would be paid $962 per week. The director concluded 
that this salary "seems minimal for an individual of extraordinary ability caliber" and noted that the record 
contained no documentation of the beneficiary's present or past income. On appeal, counsel claims that the 
beneficiary "is in a relatively highly paid position for a franchised reseller of a major athletic cornpany . . m -s compensated at a higher rate than many of the leaders in his field. . . . Although certain sports are very 
high profile and highly paid, others are not. Track and field is simply not an area that is rewarded in this way 
and it is not a reasonable the Service to make." However, the only evidence in the record to 
support counsel's claims i letter explaining that "the overall decline in media attention given to 
track, particularly in the corresponding decline in the market value of the sport's stars.' 
-opines that because the beneficiary is from Kenya, a country with so many "brilliant runners, 
ability to comtnand a high salary in his field is further limited. The record contains no evidence to corroborate 
supposition. 
On appeal, the petitioner states that the ollars, but we aren't a highly capitalized 
entity." The petitioner further entreats us to not an athlete who has never sold 
out to corporate greed . . . . Please to earn a living in a shoe store." 
We have noted the beneficiary's commendable charitable endeavors and our analysis of his eli i under this 
criterion includes no judgment of the beneficiary as an individual. We also note that  statements 
regarding the limited economic clout of top track and field athletes are true. then the ene ~ciary would be better 
served by not claiming eligibility under this criterion. However, counsel claims that the beneficiary is actually 
"highly paid" for his position. Accordingly, we are obliged to discuss his eligibility under this criterion. The 
record contains no documentation of the beneficiary's income or other evidence to support counsel's claim that 
the beneficiary is "highly paid." Consequently, he does not meet this criterion. 
Cc)nipcrruMe t?vidcrtce under H C. F.X. J204.5(%)(4). 
We hake also considered the documents submitted re arding the bene z7s niotivatio~~al speaking 
engagements and his purported meetings with the form 4 andas comparable evidence of 
the beneficiary's eligibility as an ant. The record contains a letter addressed to the petitioner 
nd dated August 1, 1995. The letter "officially invitz[sl [the 
FXec~tal' on priesthood." The letter states that the event will be held at the Vatican "in the 
presence of the Holy Father" and requests the beneficiary to "bring your personal witncss regardi~lg your esreern 
on the figure snrl minisrry of the priest for about a minute and a half.'. The petitioner explains that the 
beneiiciary was nominated as "representative World Athlete of the Year. a title conveying with it a meetlng with 
the Pope. to be the ultimate diplomat and representative for all of the athletes of the world." but the invitational 
letter makes no ia~f,-rence to the beneficiary as "world athlete of the year" anc! no other documents attest to the 
beneficiary's receipt of that title. The record contains a copy of a photograph of the beneficiary with the former 
Pope. This evidence indicates that the beneficiary once met with the former Pope, but it docs not sufficiently 
establish that he attended the meeting as a spokesperson for world athletes. The petitioner also states that the 
beneficiary was "selected for a similar meeting with South African President Nelson Mandela," but the record 
contains no documentation of that meeting. 
The record also contains three documents related to the beneficiary's motivational speaking engagements. A 
February 9, 1998 press release from Whitman College in Walla Walla, Washington announces that the 
beneficiarv will give a talk entitled "Competitive Spirit, Determination, and Courage as Tools for Success." An 
,xecutive Director of the Wise Choice Transitional Home in 
Philadel~hia. invites the beneficiarv to be a guest speaker at the Home's "5th Annual Parkside Day at the 
ites that the beneficiary's speech would have "a positive impact on our 
young people. Accomplished individuals, such as [the beneficiary], are always a beacon of hope to those with a 
vision to succeed." However, the record contains no documentation that the beneficiary actually gave the 
invited talks at Whitman College and the Wise Choice Transitional Home's event. Finally, an undated letter " 
Cross Country and Track Coach for th High School in Ramsey, New 
rought his cross country team to a where the beneficiary was a 
featured speaker. xplains that-the beneficiary iave two formal lectures and also spoke to the 
campers informally at lunch. The letter quotes some of the camp's students includinho says "I've 
7 
been at camp for each of the last two years and my highlight has been the speeches of 
helped me with my running and also gave me incentive to go to Kenya and teach for h slx mont s starting Peter lras ir~ - 
August." This evidence indicates that the beneficiary has received three invitations to give motivational 
speeches and once gave lectures at an unidentified camp in Rhode Island on an unspecified date. 
The beneficiarj's meeting with the former Pope suggests that he received some internaticnal recognition in 
1995, nine years before the petition was filed. His speaking invitations and engagement indicate that he is an 
inspiring speaker with limited national recognition. However, the statute requires that an alien's extraordinary 
ability be "demonstrated by sustained national or international acclaim" and that his or her achievements be 
recognized through "extensive documentation." Section 203(b)(a)(A)(i) of the Act, 8 U.S.C. $ 11 53( b)(l)(A)(i). 
The record in this case does not rise to that level. 
An immigrant visa will be granted to an alien under section 203(b)(l)(Aj of the Act only if the alien can 
establish extraordinary ability through extensive documentation of sustained national or international acclaim 
demonstrating that the alien has risen to the very top of his or her field. The evidence ir, this case indicates that 
the beneficiary won international acclaim as an Olympic gold medalist in 1988 and has since retired from sports, 
but now works as a coach and consultant for a shoe store and also engages in charitable activities. However, the 
record does not sufficiently demonstrate that the beneficiary's past acclaim as an Olympic niedalist has been 
sustained through his subsequent work as a coach or consultant. The record thus does nct establish that the 
beneficiary is an alien of extraordinary ability. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act. d U.S.C. 
# 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.