dismissed EB-1A Case: Culinary Arts

U.S. Department of Homeland Security 
20 Mass. Ave.. N.W.. Rm. 3000 
Washington, DC 20529 
identifying data deleted to 
prevent clearly unwarranted 
 U. S. Citizenship 
invasion of personal privacy 
 and Immigration 
PUBLIC COPY 
NOV 0 8 2006 
FILE: Date: 
LIN 05 259 50694 
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. 
u 
hobert P. Wiemann, Chief 
Administrative Appeals Office 
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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 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. tj 1153(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. tj 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. 
9 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the 
petitioner must show that he has earned sustained national or international acclaim at the very top level. 
This petition, filed on September 8, 2005, seeks to classify the petitioner as an alien with extraordinary ability 
as a culinary arts expert. The statute and regulations require the petitioner's acclaim to be sustained. 
According to the Form 1-140 petition, the petitioner has been residing in the United States since February 
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 him to have earned national acclaim in the United 
States during that time. The petitioner has had ample time to establish a reputation in this country. 
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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 
awards for excellence in theJield of endeavor. 
The petitioner submitted a "Certificate of Advanced Level Technical Skill" (December 2 1, 1995) issued by the 
"Tianjin City Labor Bureau" reflecting that the petitioner qualified as "Special 1" Grade Technical Expert of 
Culinary Arts." The plain language of this criterion, however, requires "nationally or internationally 
recognized prizes or awards." An occupational qualification certificate issued by one's locality does not meet 
this requirement. 
The petitioner submitted two Certificates of Glory issued by the "Tianjin Guest House of Tianjin City" in August 
1990 and October 1995. The petitioner also submitted a certificate stating that he received a "gold medal for his 
warm dish menu" at the "Second Tianjin City 'Treasure and Harvest' Competition of Culinary Skills" (January 
1997). The preceding awards reflect local recognition rather than national or international recognition. 
On September 20, 2005, the director issued a notice of intent to deny instructing the petitioner to "submit the 
original certificates" for the preceding awards. Pursuant to the regulation at regulation at 8 C.F.R. 5 103.2(b)(5), 
the director may at any time require that an original document be submitted for review. This regulation 
further states: "If the requested original, other than one issued by the Service, is not submitted within 12 
weeks, the petition or application shall be denied or revoked." The petitioner failed to submit the requested 
originals. Accordingly, this petition cannot be approved. 
In addition to the aforementioned deficiencies, there is no evidence showing that the petitioner has received any 
prizes or awards since his entry into the United States in 1997. The absence of such evidence indicates that the 
petitioner has not sustained whatever acclaim he may have earned while in China. 
In light of the above, the petitioner has not established that he meets this criterion. 
Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade 
publications or other major media. 
The petitioner submitted a hand-written paper that he allegedly authored entitled "Brief measure introduction 
of fry prawn kernel slippery." The record, however, includes no evidence showing that this paper was 
published in professional or major trade publications or other major media. 
On appeal, the petitioner submits an article that he allegedly published in China Cooking in May 1992. The 
record, however, includes no evidence showing that this publication had substantial national or international 
readership. Nor is there any evidence of the greater field's reaction to this article, or any indication that it is 
widely viewed as significantly influential. Thus, the petitioner has not established that he meets this criterion. 
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Evidence of the display of the alien S work in the field at artistic exhibitions or showcases. 
The petitioner submitted multiple photographs of what are alleged to be his culinary creations. Without 
certified English language translations of the placards appearing in the photographs, the petitioner has not 
established that his dishes were among those displayed. Further, the photographs of the petitioner's 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. 
In light of the above, the petitioner has not established that he meets this criterion. 
In conclusion, we concur with the director's finding that the petitioner failed to demonstrate his 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 acclaim necessary to qualie as an alien of extraordinary ability. Further, the record 
does not establish that whatever level of acclaim the petitioner had in China during the early to mid-1990's has 
been sustained subsequent to his entry into the United States in 1997. 
The petitioner's appeal was filed on December 1, 2005. The appellate submission was accompanied by 
supporting evidence (which has been addressed in this decision). On the Form I-290B, Notice of Appeal to 
the AAO, the petitioner indicated that a brief andlor evidence would be submitted to the AAO within 30 days. 
As of this date, more than eleven months later, the AAO has received nothing further. 
Review of the record does not establish that the petitioner has distinguished himself 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. The evidence is not persuasive that the petitioner's achievements set him significantly above 
almost all others in his 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. 
Beyond the decision of the director, the regulation at 8 C.F.R. 5 204.5(h)(5) requires "clear evidence that the 
alien is coming to the United States to continue work in the area of expertise. Such evidence may include 
letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a 
statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the 
United States." The record includes no such evidence relating to the petitioner's work in the culinary field. 
As indicated in the director's notice of intent to deny, the petitioner was the beneficiary of an approved 1-129 
nonimmigrant visa petition as an H-1B temporary worker filed in his behalf by American Software 
Technology. This approved 1-129 petition, filed on January 28,2000 and valid from May 10,2000 to January 
14,2003, related to the petitioner's work in the computer software industry rather than in the culinary arts. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 200 1 ), afld. 345 F.3d 683 
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(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews 
appeals on a de novo basis). 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the benefit 
sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 3 1361. Here, that burden has 
not been met. 
ORDER: The appeal is dismissed.