dismissed EB-1A Case: Contractor

identifying data deleted to 
prevent clearly unwmttsd 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
FILE: 
 Office: VERMONT SERVICE CENTER 
I EAC 05 101 51539 
Date: APR 1 4 2006 
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. § 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 th$ * originally decided your case. Any further inquiry must be made to that office. 
[d Robert P. Wiemann, Chief 
Administrative Appeals Office 
1 
1J 
DISCUSSION: The Director, Vermont 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 classification as an alien of extraordinary ability pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A). 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. 
On appeal, the petitioner submits additional evidence. 
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 beneficiary as an alien with extraordinary ability as a contractor. The 
regulation at 8 C.F.R. 9 204.5(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 the beneficiary has sustained national or 
international acclaim at the very top level. 
Initially, the petitioner submitted an employment letter verifying his work as a woodworker from 1992 to 1997. 
On April 12, 2005, the director advised the petitioner of the ten criteria and requested evidence that the 
beneficiary meets at least three of those criteria. In response, the petitioner submitted a certificate of good 
service from his employer verifying the same employment from 1992 to 1997. 
The director concluded that the petitioner had failed to submit evidence of the beneficiary's sustained national 
or international acclaim. On appeal, the petitioner submitted (1) a certificate of senior merchantship from the 
Confederation of Merchants and Artisans, (2) evidence of the petitioner's registration with the Chamber of 
Carpenters-Furniture Makers and Upholsters and (3) verification of the petitioner's employment as a senior 
furniture maker from 1980 through 1990. 
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 contractor, the record does not reflect that he has attained any 
national acclaim for that talent. Specifically, the petitioner has not submitted evidence of the membership 
requirements for the Confederation of Merchants and Artisans or the Chamber of Carpenters-Furniture Makers 
and Upholsters. Thus, the petitioner has not established that these associations require outstanding 
achievements of their members. Artisan guilds and trade registrations required to practice in one's field cannot 
Page 4 
serve to meet the criterion set forth at 8 C.F.R. 3 204.5(h)(3)(ii). Moreover, work experience alone, unless in a 
leading or critical role for a company that has a documented distinguished reputation nationally, cannot serve to 
meet the criterion set forth at 8 C.F.R. $ 204.5(h)(3)(viii). The petitioner has not submitted documentation that 
relates to any of the other ten 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 contractor 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 his 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. fj 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.