dismissed EB-1A Case: Athletics

U.S. Citizenship 
and Immigration 
Services 
In Re: 6081630 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 8, 2020 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner , a ____ _ ___ trainer and coach, seeks classification as an individual of 
extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A) , 8 U.S.C. § 
1153(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 petition, concluding that the Petitioner met 
only one of the ten initial evidentiary criterion for this classification , of which she must meet at least 
three. The Petitioner subsequently filed a motion to reopen, followed by a combined motion to reopen 
and motion to reconsider. In both instances , the Director considered new evidence and affirmed the 
denial of the petition , determining that the Petitioner met only two of the ten initial evidentiary criteria . 
On appeal, the Petitioner asserts that the submitted evidence satisfies up to five additional criteria and 
that she is eligible for the benefit sought. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review , we will dismiss the appeal. 
I. LAW 
Section 203(b)(l) 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 in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
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 a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
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. USCIS, 596 F.3d 1115 (9th Cir. 2010) 
( 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 merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth 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 credibility, both individually and 
within the context of the totality of the evidence, to determine whether the fact to be proven is probably 
true." Matter of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner is a former I I who competed on the Mexican junior national and 
national teams from 2002 until 2012. She retired from competitive! land began working as 
a coach and trainer in 2014. 1 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that she has received a major, internationally 
recognized award, she must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Director found that the Petitioner met two of these evidentiary 
criteria, relating to lesser nationally or internationally recognized awards and participating as a judge 
1 We note that the U.S. Citizenship and Immigration Services Adjudicator's Field Manual (AFM) provides: 
In general, if a beneficiary has clearly achieved recent national or international acclaim as an athlete and has sustained that 
acclaim in the field of coaching/managing at a national level, adjudicators can consider the totality of the evidence as 
establishing an overall pattern of sustained acclaim and extraordinary ability such that we can conclude that coaching is 
within the beneficiary's area of expertise. 
AFM chapter 22.22(i)(l)(C) (Emphasis in original) 
2 
of the work of others in her field. On appeal, the Petitioner asserts that she also meets the evidentiary 
criteria relating to memberships, published materials, original athletic contributions of major 
significance, displays of her work at artistic exhibitions or showcases, and leading or critical roles for 
organizations that have a distinguished reputation. 
Upon review, we will withdraw the Director's finding that the Petitioner submitted evidence to 
establish that she has participated, either individually or on a panel, as a judge of the work of others in 
the same or an allied field of specialization for which classification is sought. 8 
1
c.F.R. §I 
204.5(h)(3)(iv). The Petitioner submitted a letter from technical director of 
I I for the Mexican Federation of~---~ who states that the Petitioner "became a 
certified judge in 2015." The record contains no additional evidence of her judging credentials, and, 
more importantly, no evidence that she had actually participated, either individually or on a panel, as 
a.__ ______ ___. judge at any competition or event as of the date of filing in January 201 7. 
Accordingly, the Petitioner has not met this criterion. 
However, as discussed below, we find sufficient evidence to establish that the Petitioner meets three 
of the initial evidentiary criteria. 
Documentation of the individual's receipt of lesser nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. § 
204.5(h)(3)(i) 
The Director determined that the Petitioner meets this criterion. The Petitioner submitted sufficient 
evidence to establish that she was a five-time medalist at the 20101 I Championships; a 
four-time medalist at the 2010~ __________ ___. Games; a gold medalist at the 2011 
~-------___.Tournament; and a bronze medalist at the 20121 !Championships. 
Documentation of the individual's membership in associations in the field for which 
class[fication is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or .fields. 
8 C.F.R. § 204.5(h)(3)(ii) 
The Director determined that the Petitioner did not meet this criterion. We agree with the Director 
that simply being a member of a national team in her sport, or a registered member of the sport's 
international federation at the "elite" level, does not satisfy this criterion. However, we find sufficient 
evidence that the Beneficiary satisfies this criterion based on her membership on the senior Mexican 
national teams that competed at the~~--~-----~Championships in 2009, 2010 and 
2011, the selection process for which has been explained in detail by the president of the national 
federation for the sport. 
Published material about the individual in professional or major trade publications or 
other major media, relating to the individual's work in the field/or which class[fication 
is sought. Such evidence shall include the title, date, and author of the material, and 
any necessary translation. 8 C.F.R. § 204.5(h)(3)(iii) 
3 
The Petitioner initially submitted copies of six print newspaper articles about her and her career as a 
I I which appeared in the Mexican publications El Tema, El Sol de Tampico, and La Afici6n 
between 2010 and 2014. However, these articles were accompanied by only brief: partial English 
translations. Any document in a foreign language must be accompanied by a foll English language 
translation. 8 C.F .R. § 103.2(b )(3). The translator must certify that the English language translation is 
complete and accurate, and that the translator is competent to translate from the foreign language into 
English. Id. In addition to lacking a foll English translation, the evidence did not include information 
about the circulation or distribution of these newspapers and therefore did not demonstrate that any of 
them qualify as professional publications, major trade publications, or other major media. 
Two additional articles about the Petitioner, published by the Mexican websites elredactor.mx and 
movil.informador.mx, were translated into English, but the articles are not accompanied by the 
Spanish language originals or the required certification from the translator, nor do the articles identify 
the author of the material. Further, the Petitioner did not submit evidence that these websites qualify 
as major media, major trade publications, or professional oublirtions. Finally, the Petitioner 
submitted English-language articles published byl and the International Federation 
ofl I that mention the Petitioner's results in competitions. However, although she is 
referenced, the articles are not about the Petitioner and do not meet this regulatory criterion. See, e.g., 
Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. Sept. 8, 2008) (upholding a finding 
that articles about a show are not about the actor). 
On motion, the Petitioner submitted additional articles about her that were published on the websites 
of Milenio (milenio.com) and Media Tiempo (mediotiempo.com), and these were accompanied by foll 
English translations. The Petitioner provided sufficient supporting evidence to establish that Milenio 
and Media Tiempo qualify as major media in Mexico and she meets this criterion based solely on these 
two articles. 
Therefore, based on the foregoing, the Petitioner has established that she fulfills at least three 
regulatory criteria, and we will evaluate the totality of the evidence in the context of the final merits 
determination below. 
B. Final Merits Determination 
As the Petitioner has submitted the requisite initial evidence, we will evaluate whether she has 
demonstrated, by a preponderance of the evidence, her sustained national or international acclaim and 
that she is one of the small percentage at the very top of the field of endeavor, and that her 
achievements have been recognized in the field through extensive documentation. In a final merits 
determination, we analyze a petitioner's accomplishments and weigh the totality of the evidence to 
determine if her successes are sufficient to demonstrate that she has extraordinary ability in the field 
of endeavor. See section 203(b )(1 )(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 
596 F.3d at 1119-20. For the reasons discussed below, the Petitioner has not demonstrated her 
eligibility. 
We first note that much of the evidence in the record pertains to the last few years of the Petitioner's 
career as a competitive I I Therefore, while the record reflects that she was a member of the 
Mexican junior and senior national I lteams from 2002 until 2012, the record does 
4 
not support a finding that she enjoyed national acclaim in Mexico prior to the 2010 season, as most of 
her documented media coverage and awards were achieved within the 2010 to 2012 timeframe. 2 
D · this period, Mexico won the team all-around gold in.__ __ ~~ __ ____.at the 20100 
Championships and the Petitioner won four individual medals at this same event. The D 
Championships are described in the record as a "qualifier" for the I I Games, 
but there is no evidence that the Petitioner competed for Mexico in those games. In that same year, 
the Petitioner also won three individual medals and the team all-around gold at thel I 
I I Games, rd comf eted in the '------r-------.---' in Russia, where her highest 
placements were 42nd in event, and 18th in the team event. In 2011, the Petitioner, received 
four medals (two gold, two silver) at thel I International Tournament, and competed in the 
I I in France, where the Mexican team finished 17th and the Petitioner ranked 
between 55th and 83rd in her individual events. The Petitioner won two bronze medals in 2012, and 
reported no competition results for 2013 or 2014, the year she retired from competition. The record 
reflects that she received some media attention in Mexico as a result of her athletic achievements 
between 2010 and 2012, and again when she officially retired from competition. However, the record 
does not establish that she consistently received major media coverage commensurate with sustained 
national or international acclaim. Although the Petitioner submitted more than 10 articles, as 
discussed, the evidence demonstrates that only two were published in major media. 
A December 27, 2010, article published by Mexican sports media outlet, Media Tiempo, shortly after 
the Petitioner's impressive showing at the I !Championships, stated that another Mexican 
I [ "has dominated the national sphere ofl I for some years" 
but noted that the Petitioner was emerging and may have an opportunity to compete as part of the two­
member Mexican team in the I I Games in 2011. The record does not reflect that the 
Petitioner was actually selected to compete at the 20111 I Games, or that she received any 
other national media coverage during her many years on the Mexican national team. 
The Petitioner's retirement from competition was marked by an article published by Milenio. The 
author notes that the Petitioner "gave part of her life to national L. I' and "triumphed in 
competitions like thel I Games." The article provides highlights from the Petitioner's 
retirement celebration in her hometown, notes her transition to coaching at the training facility that 
hosted her celebration, and refers to her as "the greatest! I' froml I. The record also 
includes an article published on the website of the Mexican National Commission of Physical Culture 
and Sport (gob.mx/conade) which indicates that the Petitioner was recognized by the commission and 
awarded a plaque at the opening ceremony of the 2014 Mexican National I I 
Championship, shortly after her retirement. While the evidence shows that the Petitioner likely 
enjoyed sustained acclaim in her home state, and a few years of national acclaim as a competitive 
gymnast with medals in international competition between 2010 to 2012, the evidence does not 
establish that she enjoyed sustained acclaim or that she was among the small percentage of gymnasts 
at the very top of the field, even during the height of her competitive career. 
2 Counsel stated that the Petitioner "has a staggering collection of prize places just in international competitions of the 
highest level," and "countless prize places at international competitions of lesser rank." However, we can only evaluate 
those specific prizes or awards that are sufficiently documented in the record. 
5 
In addition to submitting evidence of her awards and media coverage earned as an athlete, the 
Petitioner submitted testimonial evidence that discusses her role on the Mexican national team and her 
standing in the sport of in Mexico. For example, a letter from I I of 
the Mexican I I federation notes that the Petitioner "was considered the leading team 
member" and "was able to bring lots of acclaim to the field of .__ _______ _.in Mexico." D 
I lnotes that she was known throughout Mexico for being "hard-working, relentless, and 
dedicated to excellence." I L president of the Mexican! I federation, 
writes that the Petitioner "brought success to her state I I by drawing attention and earning 
prestige for I . 0 , I' He credits the Petitioner with thl "tremendous growth of the snort 
in her state" and with building a distinguished reputation for the I I I, the center where she trained and later coached. 
However, the record does not demonstrate that the Petitioner achieved sustained national or 
international acclaim or standing as one of the few at the top of her field by representing her home 
state and training center on the national team and enjoying success in national and international 
competitions. The record reflects that the Petitioner contributed to Mexican team podium finishes in 
several international events between 2010 and 2012 and was the topl lfrom her home state of 
I I for a period of time, but does not contain sufficient evidence to demonstrate that she 
earned sustained national acclaim through leadership of the national team. Nor does the evidence 
support a finding that her successes are recognized as contributing to the growth or success of the sport 
ofl !throughout Mexico. 
The Petitioner also indicates that she made original contributions to the sportr--=o=-f .... l -------.----' 
by designing and hand-painting the I I apparatus for herself and for othd I. For 
example,! I a former member of the U.S.~------~team, praises the Petitioner's 
artistic skills, noting that she herself had the Petitioner design and hand paint thel I apparatus she 
used at the 20121 ~ She praises the Petitioner's "one of a kind" and "unique and 
detailed" designs. The Petitioner submitted letters from several other youngl l(and/or their 
arents and coaches raisin her ability to design and hand paintl land noting that "many 
sold on the market have boring basic designs." However, the record 
...,d,_o_e_s _n_o_t_e_s_ta...,.b...,.h,-. s-=-h--=h,....o_w_t-=-h-e--=P,.......etitioner' s hand-painted._ __ __,~re considered an original contribution 
of major significance in the sport as a whole, rather than perhaps impacting the artistic scores of a 
handful of athletes for whom the Petitioner designed! I Further, the record does not contain 
evidence that the Petitioner's artistic contributions to the sport of.__ ______ __, have been 
recognized at a level that contributed to her stature among those at the top of her field or resulted in 
sustained national or international acclaim. Rather, it appears that her contributions in this regard are 
limited to the design ofl lfor other L. I with whom she has competed or trained, and the 
recognition she has received is similarly limited. 
Turning to the Petitioner's more recent activities as a coach, we find that the Petitioner did not submit 
sufficient evidence to establish that the short-lived national acclaim she enjoyed based on her athletic 
achievements has carried over to her new coaching career. The record reflects that she formally began 
coaching atl I in 2014, and then relocated to the United States near the end of 2016. 3 The 
3 The Petitioner provided evidence that she accepted a coaching position with a California-based~-----~ 
6 
Petitioner submitted a letter from I I head coach and director,! I who states 
that the Petitioner has been the foll time coach of gymnasts! I andl I 
since 2014, and credits her with both I I membership on the Mexican national team. In her 
own statement dated December 28, 2015, the Petitioner named five I I that she had coached, 
but did not include I I among them. She identified I I as receiving a 5th 
place finish at national championships and indicated that she had coached two members of the 
Mexican junior national team: I I and I I Finally, the 
Petitioner submitted a letter onl [ letterhead, signed by~-----~,I l I I and I who state that the Petitioner "was part of the training team and 
a fundamental part that led us to obtain results m vanous national as well as international 
competitions." 
While the evidence indicates that I I has a distinguished reputation as al I training center 
withinl I state, the record does not clearly demonstrate the Petitioner's role in training or 
coaching specific athletes prior to coming to the United States, nor does it support her claim that she 
was recognized for holding a leading or critical role fo~ I In a letter dated November 2016,0 
I I identified the Petitioner simply as part of her coaching team but in a subsequent letter 
dated January 2019, stated that she was "the second most important coach rt thel I" She also 
stated that the Petitioner's greatest success was "raisingl an~ ~' 
noting that "because of her effort and training talent they became members of the National Team." 
The Petitioner provided a letter from who states that she trained and competed with 
the Petitioner when they were both members of the.__ __ ~....., State Team beginniVR iu 201 Q auf1 
that the Petitioner became her "one and only coach that actually helped me with mYl r 
since 2014. I I states that she achieved a 9th place finish at the I I I ~hampionships in 2018 and that the Petitioner "deserves my prizes with me." The letter was 
B . ed by evidence that the Mexican! ~ team (which included I I 
nd j I) was awarded the team gold medal at the 2018 ~------~ 
Games inLJo 18, approximately 20 months after the Petitioner left Mexico. The record 
does not contain evidence of any other competitive results achieved by I I orD 
I l particularly those they achieved while the Petitioner was claimed to be their coach. 
Further, as noted above, the Petitioner herself dj~ not claim that she had coachedl I 
Letters were submitted from additional I ~ I who claim that the Petitioner coached or - . 
trained them, but they are not supported by corroborating evidence that she formally coached these 
athletes or gained national or international acclaim by otherwise guiding their careers. 
Overall, the evidence reflects that the Petitioner achieved sufficient success and acclaim as a 
competitive! Ito enable her to transition to coaching promising youn~ I at her former 
training center. However, she has not yet received a comparable level of recognition for her coaching 
activities, nor are these activities well-documented in the record. While it appears tha~~-~~as a 
center ~ b in 2017, while the petition was pending and subsequently submitted evidence of the 
achievements of U.S.-basedl lshe has coached. The Petitioner must establish that all eligibility requirements for 
the immigration benefit have been satisfied rrom the time of the filing and continuing through adjudication. 8 C.F.R. § 
103 .2(b )(1 ). If the Petitioner establishes that she achieved the requisite recognition as a coach in Mexico prior to filing the 
petition, then we would consider evidence that she sustained that recognition based on her coaching activities in the United 
States. 
7 
distinguished regional reputation within Mexico, we cannot conclude based on the evidence submitted 
that the Petitioner's role with this training center or her employment as a member of its coaching staff 
is indicative of her sustained national acclaim as a coach. The Petitioner seeks a highly restrictive visa 
classification, intended for individuals already at the top of their respective fields, rather than for 
individuals progressing toward the top. USCIS has long held that even athletes performing at the 
major league level do not automatically meet the "extraordinary ability" standard. Matter of Price, 20 
I&N Dec. 953, 954 (Assoc. Comm'r 1994). 
Considered in its totality, the evidence in the record demonstrates that the Beneficiary was a very 
talented! I who is recognized within her home state of Tamaulipas and achieved a period of 
national acclaim during the height of her competitive career. While her athletic career included several 
notable accomplishments in international competition and she appears to be well-prepared to coach 
young I !striving towards the elite level, the Petitioner has not shown that her athletic and 
coaching achievements at this point of her career, in any one area or as a whole, are indicative of one 
who has risen to the very top of her field of endeavor with sustained national or international acclaim, 
as required. 8 C.F.R. § 204.5(h)(2)-(3). 
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields, rather than those progressing toward the top. USCIS has long held that even 
athletes performing at the major league level do not automatically meet the statutory standards for 
classification as an individual of "extraordinary ability." Matter of Price, 20 I&N Dec. 953, 954 
(Assoc. Comm'r 1994). While the Petitioner need not establish that there is no one more accomplished 
to qualify for the classification sought, we find the record insufficient to demonstrate that she has 
sustained national or international acclaim and is among the small percentage at the top of her field. 
See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2). 
III. CONCLUSION 
For the reasons discussed above, the Petitioner has not demonstrated his eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
8