dismissed EB-1A Case: Chef

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
identifying data deleted to 
 and Immigration 
prevent clearly unwan-anted 
 - 
invasion of personal privacj 
15BU6 
SERVICE CENTER Date: 
EAC 05 227 50776 
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. $ 1 1 53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 
2~obert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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. 5 1 153(b)(l)(A), as an alien of extraordinary ability. 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. 
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. 
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, 60898-9 (November 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. $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. 
!j 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the 
petitioner must show that she has earned sustained national or international acclaim at the very top level. 
This petition, filed on August 5, 2005, seeks to classify the petitioner as an alien with extraordinary ability as 
a chef. As required by section 203(b)(l)(A)(i) of the Act and the regulation at 8 C.F.R. !j 204.5(h)(3), the 
petitioner must demonstrate that her national or international acclaim has been sustained. The record reflects 
that the petitioner has been residing in the United States since January 13, 1997. Given the length of time 
between the petitioner's arrival in the United States and the petition's filing date (more than eight years), it is 
reasonable to expect her to have earned national acclaim in the United States during that time. The petitioner 
has had ample time to establish a reputation as a chef in this country. 
Page 3 
The regulation at 8 C.F.R. 5 204.5(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 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. The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognizedprizes or 
awardsfor excellence in the field of endeavor. 
The petitioner submitted a Certificate of Honor issued by the Sichuan Cuisine Association on October 3, 1990 
stating that she won a "1" grade prize in the Sichuan Province chefs contest." This prize, however, reflects 
provincial recognition rather than national or international recognition. 
The petitioner also submitted "Lifelong Award for Outstanding Achievements in Cuising [sic]" issued by the 
World Culture Alliance of Flushing, New York on January 8, 2005. This prize, however, reflects local or 
institutional recognition rather than national or international recognition. 
The petitioner's initial submission also included a prize certificate issued by the China Cuisine Association on 
February 10, 1992 stating that she was "awarded the 3'd prize in the 8" China Chefs Festival competition." The 
record includes no information regarding the scope of this competition or the significance of this award. 
In response to the director's request for evidence, the petitioner submitted an award certificate issued by the Asia 
Cook Association on March 10, 1988 stating that she won a "Silver prize in the China National Food Festival 
Cuisine Match." The record includes no information regarding the scope of this contest or the significance of 
this award. 
In regard to the preceding awards won by the petitioner, there is no evidence of contemporaneous publicity 
surrounding these awards or evidence showing that they command a substantial level of recognition. Further, 
the record includes no evidence that would demonstrate the number of recipients, the criteria for granting the 
awards, the level of expertise of those considered, and the number of individuals eligible to compete. We 
note here that section 203(b)(l)(A)(i) of the Act requires extensive documentation of sustained national or 
international acclaim. Pursuant to the statute, the petitioner must provide adequate evidence showing that the 
awards presented under this criterion enjoy significant national or international stature. In this case, there is 
no supporting documentation from the awarding entities or print media to establish that the petitioner's 
awards are nationally or internationally recognized. 
In light of the above, the petitioner has not established that she meets this criterion. 
Documentation of the alien's membership in associations in the field for which classiJication 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must show that 
the association requires outstanding achievement as an essential condition for admission to membership. 
Page 4 
Membership requirements based on employment or activity in a given field, minimum education or 
experience, standardized test scores, grade point average, recommendations by colleagues or current 
members, or payment of dues, do not satisfy this criterion as such requirements do not constitute outstanding 
achievements. In addition, it is clear from the regulatory language that members must be selected at the 
national or international level, rather than the local or regional level. Therefore, membership in an association 
that evaluates its membership applications at the local or regional chapter level would not qualify. Finally, 
the overall prestige of a given association is not determinative; the issue here is membership requirements 
rather than the association's overall reputation. 
The petitioner submitted a "Certificate of Membership" issued by the World Culture Alliance of Flushing, 
New York stating: "THIS IS TO CERTIFY THAT [THE PETITIONER] IS A MEMBER OF THE WORLD 
ASSOCIATION OF CUISIING [sic] GIVEN UNDER THE SEAL OF THE WORLD CULTURE 
ALLlANCE ON THE sTH OF OCTOBER, TWO THOUSAND AND FOUR." 
The petitioner also submitted a June 20, 2005 "Recommendation Letter" issued by 
 Director, 
China Cuisine Association, stating: "Years ago, [the petitioner] was elected as a member of our association." 
This letter includes no address, telephone number, or any other information through which Su Qiucheng may 
be contacted. Further, the petitioner has not demonstrated that primary evidence of her membership credential 
for this organization is unavailable or does not exist. As such, pursuant to the regulation at 8 C.F.R. 
fj 103.2(b)(2), we do not have to accept secondary evidence of her membership. 
Regarding the petitioner's membership in the World Culture Alliance and the China Cuisine Association, 
there is no evidence of the membership bylaws or the official admission requirements for these organizations. 
The petitioner also submitted a July 20, 2005 letter allegedly issued by Elizabeth Wong of the American Chinese 
Professionals Association (ACPA). This document includes no address, phone number, or any other 
information through which or the ACPA may be contacted. Nor has it been established that 
was serving as the President of the ACPA on July 20, 2005. Nevertheless, nowhere in 
letter does it state that the petitioner is a member of the ACPA. 
In response to the director's request for evidence, the petitioner submitted an August 13, 1985 certificate stating 
that she is "a member of the Asia Cook Association." The petitioner also submitted a document entitled "The 
Regulation of Asia Cook Association." Under the heading "Chapter Three Membership," article 7 states: 
Member applicants of the association must satisfy the following requirements: 
1. Recognize and endorse the regulations of the association 
2. Have the wishes ofjoining the association 
3. Unit members shall possess registered hotels, restaurants, local cook organization, trade 
management corporations, kitchen utensil suppliers and related units in Asian area; individual 
members shall be culinary professionals or cuisine lovers 
4. Other relevant organizations approved by the standing board of directors of the association 
Page 5 
There is no indication that admission to membership in the preceding organizations required outstanding 
achievement or that the petitioner was evaluated by national or international experts in consideration of her 
admission to membership. Thus, the petitioner has not established that she meets this criterion. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in theJieid for which classification 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 this 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 qualifj 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national or international level from a local publication or from a publication in a language that 
most of the population cannot comprehend. 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.' 
The petitioner submitted five brief articles appearing in local Chinese-language newspapers published in New 
York and New Jersey. Pursuant to 8 C.F.R. €j 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 translations accompanying the preceding articles were not certified as 
required by the regulation. Further, aside from the petitioner not identifying the authors of these articles as 
required by this criterion, it has not been shown that any of these publications have substantial national 
readership beyond Chinese language readership limited to New York and New Jersey. The record includes 
no circulation statistics showing their volume of U.S. readership. Because the overwhelming majority of the 
U.S. population does not read or comprehend Chinese, it has not been shown that an article appearing in such 
publications constitutes published material in "major media." Thus, the petitioner has not established that she 
meets this criterion. 
Evidence of the display of the alien S work in the field at artistic exhibitions or showcases. 
The petitioner submitted 11 images (with accompanying descriptions) of what are alleged to be her culinary 
creations. Without further evidence, it has not been established that the petitioner's dishes are among those 
shown. The images of the petitioner's culinary creations were not accompanied by contemporaneous 
evidence (such as an event program) indicating the specific exhibition or showcase in which they appeared. 
In this case, there is no evidence demonstrating that the petitioner's culinary works have been displayed at 
significant national or international venues. Nor is there any indication that the petitioner's dishes were 
featured along side those of culinary professionals with distinguished national or international reputations. 
Thus, the petitioner has not established that she meets this criterion. 
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, cannot 
serve to spread an individual's reputation outside of that county. 
Page 6 
In conclusion, we concur with the director's finding that the petitioner failed to demonstrate her receipt of a 
major internationally recognized award, or that she meets at least three of the criteria that must be satisfied to 
establish the sustained acclaim necessary to qualify as an alien of extraordinary ability. 
Review of the record does not establish that the petitioner has distinguished herself to such an extent that she may 
be said to have achieved sustained national or international acclaim or to be within the small percentage at the 
very top of her field. The evidence is not persuasive that the petitioner's achievements set her significantly above 
almost all others in her field at the national or international level. Therefore, the petitioner has not established 
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.