dismissed EB-1A Case: Education

U.S. Department of Homeland Security 
20 Mass Ave , N W , Rm. A3042 
Wash~ngton, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: Office: TEXAS SERVICE CENTER Date: &N U 3 2m 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant lo Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 9 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 
,jkY Robert P. Wiernann, D~rector 
Admmistrative Appeals Office 
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DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 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. 9 1153(b)(l)(A), as an alien of extraordinary ability in 
education. 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) Pnority 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 Geld 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. 9 204.5(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 materials 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. 
This petition, filed on January 30, 2004, seeks to classify the petitioner as an alien with extraordinary ability 
as a school teacher. In support of the petition, the petitioner submitted her educational credentials and 
character reference letters from three church pastors in Laredo, Texas. None of this evidence, however, 
related to any of the preceding regulatory criteria. 
On January 20, 2005, the director denied petition, finding that the petitioner's evidence did not satisfi. any of 
the criteria at 8 C.F.R. $ 204.5(h)(3). 
On appeal, the petitioner states: "Because 1 would like to be a good teacher, I'm very interesting [sic] to 
obtain my teacher certification as soon as possible." The petitioner discusses future goals for her career and 
family, but she does not specifically challenge any of the director's findings. 
The petitioner's appellate submission included a letter from the Laredo Independent 
the petitioner's employment as a "SecretaryIBookkeeper," a letter from the Principal o 
High School stating that the petitioner is a "dependable, hardworking, and very conscientious employee," and 
an educational evaluation Erom Worldwide Education Consultant Services indicating that the petitioner holds 
the foreign equivalent of a "Bachelor of Science degree in Hotel and Restaurant Tourist Business 
Administration from a regionally accredited university in the United States." 
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The petitioner indicated that a brief andlor evidence would be submitted to the AAO within 30 days. The 
appellate submission was unaccompanied by arguments or evidence addressing the pertinent regulatory 
criteria at 8 C.F.R. 4 204.5(h)(3). 
The appeal was filed on February 18, 2005. As of this date, more than three months later, the AAO has 
received nothing further. 
In this case, the petitioner has failed to demonstrate that she 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. 
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. !j 1361. Here, the petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.