dismissed EB-1A Case: Business

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
6 
Washington, DC 20529 
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PUBLIC COPY 
U. S. Citizenship 
and Immigration 
FILE: LIN 05 120 53443 Office: NEBRASKA SERVICE CENTER Date: MAY 2 5 M06 
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. $ 11 53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
Administrative Appeals Office 
v 
LIN 05 120 53443 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed. 
The petitioner seeks to classify the beneficiary as an alien of extraordinary ability in business pursuant 
to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). 
The director questioned whether the beneficiary's occupation as an operations manager constitutes a 
qualifying field of endeavor for the classification sought and determined the petitioner had not 
established the beneficiary's sustained national or international acclaim necessary to qualify for 
classification as an alien of extraordinary ability. 
On appeal, the petitioner asserts that the beneficiary's qualifications are rare in the Chicago area and 
that the beneficiary has an excellent rapport with contractors and architects. The petitioner submits 
documentation, most of which was submitted initially. 
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 to the United States will substantially benefit prospectively 
the United States. 
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. 5 204.5(h)(2). This petition seeks to classify the beneficiary as an alien with extraordinary 
ability as an operations manager. The regulation at 8 C.F.R. 8 204.5(h)(3) indicates that an alien can 
establish sustained national or international acclaim through evidence of a one-time achievement (that 
is, a major, international recognized award). Barring the alien's receipt of such an award, the regulation 
outlines the following 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. 
LIN 05 120 53443 
Page 3 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(ii) Documentation 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; 
(iii) 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 of the material, and any 
necessary translation; 
(iv) 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 allied field of specialization for which classification 
is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- 
related contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional 
or major trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases; 
(viii) Evidence that the alien has performed in a leading or critical role for organizations 
or establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office 
receipts or record, cassette, compact disk, or video sales. 
It should be reiterated, however, that the petitioner must show that the beneficiary has sustained 
national or international acclaim at the very top level. 
Initially, the petitioner submitted a copy of a certificate and a trophy awarded to the beneficiary at the 
Good Morning Ireland Fundraiser in Chicago. The fundraiser recognized the beneficiary as the 
Chicago Irish Young Entrepreneur of the Year and a "Rising Star." The petitioner also submitted an 
article in the Irish American News reporting on the fundraiser. The article mentions the beneficiary's 
award. 
LIN 05 120 53443 
Page 4 
The petitioner also submitted several reference letters attesting to the beneficiary's professionalism, one 
of which is unsigned. Finally, the petitioner submitted the beneficiary's credit card statement as 
evidence of his financial stability and want ads seeking someone with the beneficiary's qualifications. 
The director concluded that the petitioner had failed to submit evidence of the beneficiary's sustained 
national or international acclaim. On appeal, the petitioner asserts that the beneficiary's qualifications 
are rare in the Chicago area and that the beneficiary has an 
 contractors and 
architects. The petitioner submits a statement from its president, 
 and newspaper 
articles about the importance of the type of business performed 
The statute requires extensive documentation to establish eligibility for this classification. 
 The 
regulations require that an alien of extraordinary ability be able to demonstrate sustained national or 
international acclaim. Assuming that the beneficiary is a talented operations manager, the record does 
not reflect that he has attained any national acclaim for that talent. Specifically, the petitioner has not 
submitted documentation that sufficiently relates to any of the ten criteria. Significantly, the petitioner 
has never explained which criteria the beneficiary purportedly meets. We will attempt to relate the 
evidence submitted to the criteria. 
An award limited to young individuals of Irish descent residing in the Chicago area is not a nationally 
or internationally recognized award whereby the beneficiary competed with the most renowned 
members of the business community nationwide or internationally. Moreover the beneficiary is 
recognized as a "rising star." It is presumed that someone who is one of the few at the top of his field is 
no longer perceived as a "rising" star. For these reasons, the award cannot serve to meet the criterion 
set forth at 8 C.F.R. 5 204.5(h)(3)(i). 
The article in Irish American News is not primarily "about" the beneficiary. Rather, it is about the 
success of the fundraiser in general. Moreover, the petitioner provides no evidence that the publication 
enjoys a large national circulation such that it could be considered "major media." As such, the article 
cannot serve to meet the criterion set forth at 8 C.F.R. 5 204.5(h)(3)(iii). 
The letters submitted initially are merely character reference letters that fail to address the beneficiary's 
business contributions or any of the other regulatory criteria quoted above. On appeal, Mr. -~ 
asserts that the beneficiary brought steel sheet shoring and wood shoring expertise to the petitioning 
business, allowing them to work on the small lots in Chicago. The petitioner submits a newspaper 
article about the dangers of building on small urban lots without shoring up neighboring buildings. Mr. 
- - - 
her ass& that the bkefici 
 's ex ertise is rare and that the beneficiary has trained the 
petitioner's employees. In addition, Mr. 
m 
notes that the beneficiary h 
 ercial drivers 
license and runs health and safety seminars or 
 e petitioner's employees. Mr. 
 oncludes that 
the beneficiary has increased sales for the petitioner. 
LIN 05 120 53443 
Page 5 
recommending the petitioner to other clients. 
Product Manager for 
 asserts that the beneficiary "helped develop the n system t at IS 
used to install our product." 
According to the regulation at 8 C.F.R. 5 204.5(h)(3)(v), an alien's contributions must be not only 
original but of major significance. We must presume that the phrase "major significance" is not 
superfluous and, thus, that it has some meaning. See Walters v. Metro. Educ. Enters., 519 U.S. 202, 
209 (1997); Bailey v. US., 516 U.S. 137, 145 (1995). The above statements are not persuasive 
evidence of the beneficiary's influence in the field of business or any other field nationally. 
Moreover, evidence in existence prior to the preparation of the petition carries greater weight than 
new materials prepared especially for submission with the petition. An individual with sustained 
national or international acclaim should be able to produce unsolicited materials reflecting that 
acclaim. Thus, the letters cannot serve to meet the criterion set forth at 8 C.F.R. 5 204.5(h)(3)(v). 
While Mattests to the importance of the beneficiary's role for the petitioner, the record is 
absent evidence that the petitioner enjoys a distinguished reputation beyond Illinois, much less 
nationally. Thus, the beneficiary's position with the petitioner cannot serve to meet the criterion at 
8 C.F.R. 5 204.5(h)(3)(viii). 
Finally, evidence of a shortage of workers with the beneficiary's qualifications is not relevant to the 
classification sought. While addressing a lesser classification, the Administrative Appeals Office has 
stated that the issue of whether similarly-trained workers are available in the U.S. is an issue under 
the jurisdiction of the Department of Labor. Matter of New York State Dep 't. of Transp., 22 I&N 
Dec. at 22 1. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate 
that the alien has achieved sustained national or international acclaim and is one of the small percentage 
who has risen to the very top of the field of endeavor. 
Review of the record, however, does not establish that the beneficiary has distinguished himself as an 
operations manager 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. Therefore, the 
petitioner has not established the beneficiary's eligibility 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. 5 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal 
will be dismissed. 
ORDER: The appeal is dismissed.