dismissed EB-1A Case: Caregiver

u.S. Department of Homeland Security 
u.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals MS 2090 
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 Washington, I)C 20529-2090 
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 U. S. Citizenship 
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ervices 
Office: NEBRASKA SERVICE CENTER Date: OCT 2 6 2009 
LIN 08 038 5301 1 
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. 5 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 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). 
ief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner seeks to classify the beneficiary, her attendant caregiver, as an employment-based 
immigrant pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1153(b)(l)(A), as an alien of extraordinary ability. The director determined the petitioner 
had not established that the beneficiary has earned the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, the petitioner states: 
On behalf of my petition being denied, I have the honor to file an appeal With no 
supplemental brief or additional evidence as per requirement or Regulation of the USCIS 
[U.S. Citizenship and Immigration Services], However, I am enclosing my Doctor certificate 
And statement of facts knowingly the ability and performance of the Beneficiary with hope is 
one supplement support of this appeal or motion. 
With the condition of having through knowledge and understanding of the Unskilled 
beneficiary . . . as private attendant, he have Rendered the extreme behavior and services 
amiably and satisfactorily, He demonstrated his workability and capability as care giver since 
I was Discharged from the Hospital six years ago until the present time. that Was on this 
reason I have reached to the conclusion of filing the petition To reward the extraordinary 
performance of the attendant. 
On this matter, I humbly request your authorized office to reconsider my Application. 
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 into the United States will substantially benefit 
prospectively the United States. 
USCIS 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. 5 204.5(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. 5 204.5(h)(3): 
Initial evidence: 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. Such evidence shall include 
evidence of a one-time achievement (that is, a major, international recognized award), or at 
least three of the following: 
(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 specification 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. 
The Form 1-140, Immigrant Petition for Alien Worker, was filed on May 2,2008. With the petition, 
the petitioner submitted a letter expressing her intent to employ the beneficiary "permanently," the 
beneficiary's Form 1-94, Departure Record, his birth certificate, copies of six pages from his 
passport, a certificate stating that he satisfactorily completed the "AFP [Armed Forces of the 
Philippines] Special Law Enforcement Course," and a certificate stating that he satisfactorily 
completed the "AFP Soldier Candidate Course." The petitioner submitted no evidence that the 
beneficiary had met any of the regulatory criteria listed in 8 C.F.R. tj 204.5(h)(3). On March 10, 
2009, the director denied the petition finding that the petitioner had not established the beneficiary's 
eligibility for classification as an alien of extraordinary ability. 
On appeal, the petitioner submits documentation regarding her medical condition, copies of two 
pages from the beneficiary's canceled passport, and copies of documents that were previously 
submitted. None of the documentation submitted on appeal meets any of the regulatory criteria at 
8 C.F.R. 5 204.5(h)(3). 
In this case, the petitioner has failed to demonstrate the beneficiary's 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. 
 8 C.F.R. tj 204.5(h)(3). 
 Further, the submitted documentation does not 
distinguish the beneficiary as one of the small percentage who has risen to the very top of the field of 
endeavor. 8 C.F.R. 204.5(h)(2). 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.