dismissed EB-1A Case: Business

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. 8 1153(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 
ed your case. -Any further inqu~ry must be made to that office. 
(/ Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. 
The petitioner seeks classification 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. $ 1153(b)(l)(A). The director 
determined the petitioner had not established the sustained national or international acclaim necessary to qualifL 
for classification as an alien of extraordinary ability. 
On appeal, the petitioner submits his "Resume Objetive [sic]" and several letters attesting to his character. None 
of the letters address the regulatory criteria. 
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. $ 204.5(h)(2). 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a "business operations 
specialist." On Part 6 of the petition, the petitioner proposes to "buy, fix, administration [sic] and sell own 
properties and buildings commercial [sic]." The regulation at 8 C.F.R. $ 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. 
(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 he has sustained national or international 
acclaim at the very top level. 
Initially, the petitioner submitted his personal statement, evidence of his real estate assets and bank statements. 
On January 27,2005, the director advised the petitioner of the ten regulatory criteria and requested evidence that 
the petitioner meets at least three of those criteria. In response, the petitioner submitted his personal statement 
regarding his previous discussions with immigration officials' and his history in real estate. He also submitted 
evidence that he had made an appointment with Citizenship Immigration Services' Miami Customer Service 
Center and a lawsuit he filed. 
The director concluded that the petitioner had failed to submit evidence of the petitioner's sustained national or 
1 
The petitioner asserts that he was initially advised to apply for the classification now sought and was subsequently 
advised to file a Form 1-526, Immigrant Petition by Alien Entrepreneur, because his assets were above $500,000. We 
discuss the petitioner's eligibility for the classification sought in the body of this decision. We further note that 
classification as an alien entrepreneur does not simply require assets above $500,000 and refer the petitioner to Section 
203(b)(5) of the Act and 8 C.F.R. 4 204.6. 
Page 4 
international acclaim. On appeal, the petitioner submitted a personal statement and letters attesting to his 
character. None of these letters address the ten regulatory criteria for the classification sought listed on the 
instructions to the Form 1-140 petition and provided to the petitioner in the director's request for additional 
evidence. 
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 petitioner is a talented property manager, the record does not reflect that he has attained any 
national acclaim for that talent. Specifically, the petitioner has not submitted documentation that relates to any 
of the ten regulatory criteria. 
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 petitioner has distinguished himself as a property 
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 
petitioner'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. $ 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.