dismissed EB-1A Case: Athletics

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invasim ofpad privacy 
U.S. Department of IIomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Wash~ngton, DC 20529 
FILE: Office: CALIFORNIA SERVICE CENTER Date: NOV 2 8 
WAC 05 252 50023 
IN RE: 
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. 3 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. 
u. 
Lbert P. Wiemann, Chlef 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(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 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 argues that the petitioner "has met four of the ten categories under 8 C.F.R. 3 204.5(h)(3)." 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority 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 thls 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 immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. 3 204.5(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. § 204.5(h)(3). 
The relevant criteria will be addressed below. It should be reiterated, however, that the petitioner must show 
that he has sustained national or international acclaim at the very top level. 
This petition, filed on September 19, 2005, seeks to classify the petitioner as alien with extraordinary ability 
as a martial arts master. At the time of filing, the petitioner was working as an instructor at the U.S.A. 0-Mei 
Kung Fu Academy, Inc. in San Leandro, California. A May 19, 2006 letter submitted fiom the academy 
states: "[The petitioner's] job duties include teaching all levels of our martial arts classes, coaching various 
Page 3 
competitions and event teams, representing our school at various performances and other martial arts events 
and activities."' 
The regulation at 8 C.F.R. 9 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, internationally recognized 
award). In a September 6, 2005 letter accompanying the petition, counsel argues that the petitioner's first 
place in a spear event at the 5th Asian Wushu Championships in 2000 "qualifies as a major, international 
recognized award in the area of martial arts." 
Given Congress' intent to restrict this category to "that small percentage of individuals who have risen to the 
very top of their field of endeavor," the regulation permitting eligibility based on a one-time achievement 
must be interpreted verv narrowly. with onlv a small handful of awards aualifving as maior. internationallv 
recognized awards. 
WL 200418 at *6739. Given that the House Report specifically cited to the Nobel Prize as an example of a 
one-time achievement, examples of one-time awards which enjoy major international recognition may include 
the Pulitzer Prize, the Academy Award, and (most relevant for athletics) an Olympic ~edal.' The regulation 
is consistent with this legislative history, stating that a one-time achievement must be a major, internationally 
recognized award. 8 C.F.R. ij 204.5(h)(3). Significantly, even a lesser internationally recognized award 
could serve to meet only one of the ten regulatory criteria, of which an alien must meet at least three. 
8 C.F.R. 8 204.5(h)(3)(i). Nobel Laureates, the example provided by Congress, are selected fi-om a global pool 
of nominees, are reported in the top media internationally regardless of nationality, and are awarded $1 
million cash prizes. While an internationally recognized award could conceivably constitute a one-time 
achievement without meeting all of those elements, it is clear from the example provided by Congress that the 
award must be internationally recognized in the alien's field as one of the top awards in that field. 
Department, China National Wushu Administrative Center, stating: 
[The petitioner] has won the Champion in Spear at the 5th Asian Wushu Championships and is a top 
martial arts master in China. 
The Asian Wushu Championships was organized by the Wushu Federation of Asia, the member of 
the International Wushu Federation (IWUF). The IWUF is an international non-governmental 
organization [that] administers martial arts at the world level. The Asian Championships is one of the 
most important and largest martial arts events in the world. Because Asian countries generally have 
' The record reflects that the petitioner has competed as recently as 2005 in the 13'~ Annual University of 
California at Berkeley Martial Arts Tournament. An article in the August 2005 issue o 
describes this tournament as "the largest and longest-running Chinese martial arts event 
bastion of Chinese martial arts, the San Francisco Bay Area." 
While Taekwondo and Judo are martial arts events that are part of the Olympic program, Wushu is not one 
of the official Olympic sports. See http:l~wu~w.ol~mpic.or~sportsli~idex uk.asp, accessed on October 16, 
2007. 
Page 4 
the higher levels of martial arts than other countries, this event is considered by many as the highest 
level of martial arts competition in the world. 
The preceding letter does not include an address, telephone number, or any other contact information for the 
China National Wushu Administrative Center. Further, while this letter may reflect the opinions of its author, 
it is not sufficient to demonstrate that the petitioner's first place in a spear event at the 51h Asian Wushu 
Championships is a major internationally recognized award in the martial arts. CIS may, in its discretion, use 
as advisory opinions statements submitted as expert testimony. See Matter of Caron International, 19 I&N 
Dec. 791, 795 (Commr. 1988). However, CIS is ultimately responsible for making the final determination 
regarding an alien's eligibility for the benefit sought. Id. 
The petitioner also submitted a November 5, 2000 article in the People's Daily, a leading Chinese newspaper, 
indicating that Chinese athletes won 16 gold medals at the 5"' Asian Wushu Championships. The record, 
however, contains no evidence that a first place gold medal at this competition is a major internationally 
recognized award in the martial arts, such as evidence that the awardees received international media attention 
in the general or martial arts sports media of multiple countries worldwide. Further, the Asian Wushu 
Championships is a regional international martial arts competition rather than a global competition such as the 
Olympics or the World Wushu Championships. Clearly an award with a geographically restricted pool of 
competitors cannot serve as a major international prize on the level of an Olympic medal or a comparable 
major internationally recognized award in the martial arts. As the plain language of the regulation at 8 C.F.R. 
9 204.5(h)(3) qualifies the phrase "international recognized award" with the limitation "major," we cannot 
conclude that the petitioner's involvement in a competition limited to only Asian nations satisfies the 
regulation. While we accept that receipt of a gold medal at the 51h Asian Wushu Championships is evidence 
of lesser international recognition in the martial arts, the petitioner's evidence fails to demonstrate that receipt 
of a gold medal at this competition is evidence of "major, international" recognition as required by the 
regulation. 
Barring the alien's receipt of a major internationally recognized award, the regulation at 8 C.F.R. 
9 204.5(h)(3) outlines ten criteria, at least three of which must be satisfied for an alien to establish the 
sustained acclaim necessary to qualify as an alien of extraordinary ability. A petitioner, however, cannot 
establish eligibility for this classification merely by submitting evidence that simply relates to at least three 
criteria at 8 C.F.R. 9 204.5(h)(3). In determining whether the petitioner meets a specific criterion, the 
evidence itself must be evaluated in terms of whether it is indicative of or consistent with sustained national 
or international acclaim. A lower evidentiary standard would not be consistent with the regulatory definition 
of "extraordinary ability" as "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. $204.5(h)(2). The petitioner has submitted 
evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted evidence of his receipt of awards at the 5" Asian Wushu Championships (2000) and 
the 9th National Games of the People's Republic of China (2001). The record also includes adequate 
Page 5 
information to demonstrate the significance of these awards. As such, we find that the petitioner meets this 
criterion. 
Docurnentation of the alien's membership in associations in the field for which classification 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 
requires outstanding achievements of its members, as judged by recognized national or international experts 
in the petitioner's or an allied field. While the petitioner has "passed the and 
achieved a sixth level Dan, there is no evidence that the Chinese Wushu Association requires a sixth level Dan to 
become a member.3 Further, there is no evidence identifying the specific requirements that must be satisfied to 
achieve this ranking. 
The petitioner also submitted a "training certificate" (January 22, 2003) bearing the seal of the Chinese 
Wushu Association and stating that he "finished the National Wushu Forms Training P[rogra]m for Coaches." 
Completion of a training program is not tantamount to membership in an association in the field requiring 
outstanding achievement. Further, there is no evidence demonstrating that receipt of this training certificate 
required "outstanding achievements" in martial arts coaching rather than simply completion of an educational 
program that developed its participants' coaching skills. 
The petitioner also submitted a certificate hom the China National Sports Administration - 
stating: "This is to certify that [the petitioner] has been awarded the title of Martial Arts Elite." This title 
awarded to the petitioner, however, is far more relevant to the "lesser nationally or internationally recognized 
prizes or awards" criterion at 8 C.F.R. $204.5(h)(3)(i), a criterion that we find the petitioner has already met. 
Here it should be emphasized that the regulatory criteria are separate and distinct fiom one another. Because 
separate criteria exist for awards and membership in associations in the field, CIS clearly does not view the 
two as being interchangeable. If evidence sufficient to meet one criterion mandated a finding that an alien 
met another criterion, the requirement that an alien meet at least three criteria would be meaningless. 
In light of the above, the petitioner has not established that he meets this criterion. 
Published material about the alien in professional or major trade publications or other major 
media, relating to the alien's work in theJield for which classiJication is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet ths criterion, it must be primarily about the petitioner and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualify 
as major media, the publication should have significant national or international distribution. An alien would not 
There is no evidence that first, second, third, fourth, and fifth level Dans are excluded horn membership in 
the Chinese Wushu Association. 
Page 6 
earn acclaim at the national level from a local publication or from a publication not published in a country's 
predominant language. Some newspapers, such as the New York Times, nominally serve a particular locality but 
would qualify as major media because of significant national distribution, unlike small local community papers.4 
The petitioner submitted articles from Chinese language publications such as People's Daily, Martial Arts and 
~eaut~,~ World Journal, Sichuan Sports, and Chengdu Sports, but these articles were unaccompanied by a full 
English language translation. Pursuant to the regulation at 8 C.F.R. 9 103.2(b)(3), any document containing 
foreign language submitted to CIS shall be accompanied by a full English language translation that the 
translator has certified as complete and accurate, and by the translator's certification that he or she is 
competent to translate from the foreign language into English. The summary translations submitted by the 
petitioner do not meet the requirements of the regulation. Without full English language translations, it 
cannot be determined whether the petitioner was the primary subject of the material and whether the 
discussion of him was consistent with sustained national or international acclaim at the very top of his field. 
While we accept that People's Daily qualifies as a form of major media, there is no evidence (such as 
circulation statistics) showing that the remaining publications identified above qualify as "professional or major 
trade publications or other major media." 
The petitioner submitted articles from Kung Fu Tai Chi and Inside Kung-Fu, but these magazine articles were 
primarily about the 13'~ Annual University of California at Berkeley Martial Arts Tournament (2005) rather 
than the petitioner.6 Further, there is no evidence showing that these publications qualify as professional or major 
trade publications or other major media. 
The petitioner also submitted evidence that his photograph appeared in two promotional advertisements for 
"Splendid China," an Orlando, Florida "theme park." Promotional material, which is not the result of 
independent journalistic reportage, cannot serve to meet this criterion. This material does satisfy the plain 
language of the regulatory criterion at 8 C.F.R. $ 204.5(h)(3)(iii) and is simply not indicative of national or 
international acclaim. 
In response to the director's request for evidence, the petitioner submitted an article from the MarchIApril 
2006 issue of Kung Fu Tai Chi entitled The Lost Legacy of the Big Blade Troop." 
Photographs of the petitioner appear throughout the article as he demonstrates various swordsmanship 
techniques, but the article is not about the petitioner. The petitioner also submitted a captioned photograph of 
himself demonstrating martiaI arts moves that appeared in the Metro section of the Oakland Tribune on 
4 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For 
example, an article that appears in the Washington Post, but in a section that is distributed only in Fairfax 
County, Virginia, for instance, cannot serve to spread an individual's reputation outside of that county. 
In the initial submission, the name of this publication was translated to English as Martial Arts and Beauty 
and its date of publication was identified as August 1998. In response to the director's request for evidence, 
the petitioner resubmits the same material identifying the publication as "The Vigor & Beauty Monthly (July 
1997, No. 87, Pages 30-31)." The discrepancies in these conflicting translations submitted by the petitioner 
underline the necessity of compliance with the regulation at 8 C.F.R. 5 103.2(b)(3). 
6 
 The magazine articles, which focus on the tournament, briefly mention the petitioner only once as an event 
winner. 
Page 7 
photograph in which he appeared in the March 25, 2006 issues of World 
Journal and 
 but these photographs do not satisfy the plain language of this regulatory 
that the preceding publications qualify as professional or major trade 
publications or other major media. Nevertheless, the preceding materials were published subsequent to the 
petition's filing date. 
 A petitioner, however, must establish eligibility at the time of filing. 
 8 C.F.R. 
9 103.2(b)(12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Commr. 1971). Accordingly, the AAO will not 
consider this evidence in this proceeding. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence of the alien's participation, either individually or on a panel, as a judge of the work of 
others in the same or an alliedjleld of speclJication for which classlJication is sought. 
The regulation at 8 C.F.R. 9 204.5(h)(3) provides that "[a] petition for an alien of extraordinary ability must 
be accompanied by evidence that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Evidence of the petitioner's participation as a 
judge must be evaluated in terms of these requirements. The weight given to evidence submitted to fulfill the 
criterion at 8 C.F.R. 9 204.5(h)(3)(iv), therefore, depends on the extent to which such evidence demonstrates, 
reflects, or is consistent with sustained national or international acclaim at the very top of the alien's field of 
endeavor. A lower evidentiary standard would not be consistent with the regulatory definition of 
"extraordinary ability" as "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. 9 204.5(h)(2). For example, judging a 
national competition for top athletes is of far greater probative value than judging a local or regional competition 
for recreational youth participants. 
The petitioner submitted a certificate dated August 5, 2005 and a letter dated August 16, 2005 issued by the 
Northern California Chinese Athletic Association stating that he served as a "General Judge" at the 2005 Chinese 
Athletic Tournament Wushu competition. The letter states: "Chinese Athletic Tournament held by Northern 
California Chinese Athletic Association has been success~lly ended by 08/14/05. We are so glade [sic] to have 
invited [the petitioner] as the General Judge for this Wu Shu competition. We do appreciate [the petitioner's] 
help." 
The petitioner also submitted an August 20, 2005 certificate signed bytemational Martial Arts 
Tournament 2005 Committee Chair, stating: 
 "International Martial Arts Tournament 2005 [the petitioner] 
TOURNAMENT GENERAL CHIEF JUDGE." 
Regarding the petitioner's involvement with the Chinese Athletic Tournament Wushu competition held by 
Northern California Chinese Athletic Association in August 2005 and the International Martial Arts Tournament 
2005, the record includes no evidence showing the names of the individuals judged by the petitioner, their 
level of martial arts expertise, the specific competitive categories he judged, and the significance of these 
tournaments. For example, it is not clear as to whether the participants judged by the petitioner competed at 
the youth, junior, intermediate, amateur, professional, or other some other level. The benefit sought in the 
present matter is not the type for which documentation is typically unavailable and the statute specifically requires 
"extensive documentation" to establish eligbility. See section 203(b)(l)(A)(i) of the Act; 8 U.S.C. 
Page 8 
fj 1 153(b)(l)(A)(i). Further, the commentary for the proposed regulations implementing this statute provide that 
the "intent of Congress that a very high standard be set for aliens of extraordinary ability is reflected in this 
regulation by requiring the petitioner to present more extensive documentation than that required" for lesser 
classifications. 56 Fed. Reg. 30703, 30704 (July 5, 1991). Without substantive evidence of the petitioner's 
actual participation as a judge of the work of others in his or an allied field that is consistent with sustained 
national or international acclaim, we cannot conclude that he meets this criterion. 
The petitioner also submitted an August 9, 2005 letter from promoters of the West America Tournament for 
martial arts held in Oakland, California inviting him to serve as a General Judge at the tournament from 
September 23rd - 24"', 2005. In response to the director's request for evidence, the petitioner submitted evidence 
of his participation as a judge at the 14'~ Annual University of California at Berkeley Martial Arts Tournament 
in April 2006 and the Tiger Claw Elite Championship Qualifier in May 2006. The petitioner's response also 
included evidence indicating that he was to participate in the International Martial Arts Tournament at the San 
Jose Civic Auditorium in June 2006. All of these tournaments occurred subsequent to the petition's filing date. 
A petitioner, however, must establish eligibility at the time of filing. 8 C.F.R. 8 103.2(b)(12); Matter of 
Katigbak, 14 I&N Dec. at 49. Individuals seeking employment-based immigrant classification must possess 
the necessary qualifications as of the filing date of the visa petition. Id. Accordingly, the AAO will not 
consider the petitioner's activities at these tournaments in this proceeding. 
The petitioner's response to the director's request for evidence also included a credential from the China National 
Sports Administration issued on April 16, 1996 stating that he "has been certified as the First Degree Judge in 
Chinese Martial Arts." The plain language of the regulatory criterion, however, requires "[elvidence of the 
alien's participation as a judge of the work of others." While the petitioner possesses this certification, the record 
includes no evidence of his actual participation as a judge at martial arts events of the China National Sports 
Administration. 
In light of the above, the petitioner has not established that he meets this criterion. 
In this case, we concur with the director's determination that the petitioner has failed to demonstrate his 
receipt of a major internationally recognized award, or that he meets at least three of the criteria that must be 
satisfied to establish the sustained national or international acclaim necessary to qualify as an alien of 
extraordinary ability. 
Beyond the regulatory criteria, the petitioner submitted several letters of support from experts in his field 
discussing his awards, activities, and expertise as a martial arts coach. The opinions of experts in the field, 
while not without weight, cannot form the cornerstone of a successful extraordinary ability claim. As 
discussed previously, CIS may, in its discretion, use as advisory opinions statements submitted as expert 
testimony. See Matter of Caron International, 19 I&N Dec. at 791, 795. However, CIS is ultimately 
responsible for making the final determination regarding an alien's eligibility for the benefit sought. Id. The 
submission of letters from experts supporting the petition is not presumptive evidence of eligibility; CIS may 
evaluate the content of those letters as to whether they support the alien's eligibility. See id. at 795-796. 
Thus, the content of the experts' statements and how they became aware of the petitioner's reputation are 
important considerations. Even when written by independent experts, letters solicited by an alien in support of 
Page 9 
an immigration petition are of less weight than preexisting, independent evidence of achievements and 
recognition one would expect of a martial arts master who has sustained national or international acclaim. 
Review of the record does not establish that the petitioner has distinguished himself to such an extent that he may 
be said to have achieved sustained national or international acclaim or to be within the small percentage at the 
very top of his field. The evidence is not persuasive that the petitioner's achievements set him significantly above 
almost all others in his field at the national or international level. Therefore, the petitioner has not established 
eli~bility 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. fj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.