dismissed EB-1A Case: Food And Beverage Management

U.S. Department of Aomelend Security 
20 Mass. Ave.. N.W., Rm. A3042 
Wash~ngton, DC 20529 
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PUBLIC COPY / / 
FILE: Office: VERMONT SERVICE CENTER Date: fl6V :L 8 2005 
EAC 04 050 53097 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant 1:o 
Section 203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 9 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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 
Robert P. Wiemann, Director u 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office 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. The 
director determined that the petitioner had not established the sustained national or international acclaim 
requisite to classification as an alien of extraordinary ability. 
Section 203(b) of the Act states, in pertinent part: 
(1) hority 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 intemational 
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. 
Specific supporting evidence must accompany the petition to document the "sustained national or international 
acclaim" that the statute requires. 8 C.F.R. $204.5(h)(3). An alien can establish sustained national or 
international acclaim through evidence of a "one-time achievement (that is, a major, intemational recognized 
award)." Id. Absent such an award, an alien can establish the necessary sustained acclaim by meeting at least 
three of ten other regulatory criteria. Id. However, the weight given to evidence submitted to fulfill the criteria 
at 8 C.F.R. 3 204.5(h)(3), or under 8 C.F.R. 3 204.5(h)(4), must depend on the extent to which such evidence 
demonstrates, reflects, or is consistent with sustained national or international acclaim at the very top of the 
alien's field of endeavor. A lower evidentiary standard would not be consistent with the regulatory definition 
of "extraordinary ability" as "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. 9; 204.5(h)(2). 
In this case, the petitioner seeks classification as an alien with extraordinary ability as a food and beverage 
manager. The petition was first mailed on November 2 1, 2003, but was rejected on December 2, 2003 for lack 
of an original signature. The petition was resubmitted with the original signatures of the petitioner and counsel 
and received on December 10, 2003. Counsel contends that the petition was filed on November 24, 2003, the 
date the petition was first delivered to Citizenship and Immigration Services (CIS). All applications and 
petitions submitted to CIS must be signed by the applicant or petitioner. 8 C.F.R. 9; 103.2(a)(2). Acceptable 
signatures must be handwritten unless the application or petition is submitted electronically. Id. An application 
or petition is properly filed only when it is signed, executed and accompanied by the proper filing fee or a fee 
waiver is granted. .F.R. 3 103.2(a)(7). In addition, "[aln application or petition which is not properly signed 
or is submitted wrong filing fee shall be rejected as improperly filed. Rejected applications and 
petitions . . . will a filing date." In this case the petition was filed on December 10,2003, the date the 
properly signed petition was received by CIS. 
The petitioner initia y submitted supporting evidence of her professional training, the hospitality industry in 
Israel, newspaper a cles that mention the petitioner, information about three places where the petitioner has 
worked, documentat' n of her salary, and letters addressed to the petitioner and her former employer expressing 
gratitude and apprec tion for her work. On appeal, the petitioner submits additional evidence including two 
support letters from dependent experts in her field, letters from three of her former employers, another thank- 
you letter for the pet \ ioner's work and documentation relating to the salaries of food and beverage managers at 
two hotels in Israel. The evidence submitted on appeal and counsel's contentions do not overcome the 
deficiencies of the petition and the appeal will be dismissed. We address the evidence submitted and counsel's 
claims in the following discussion of the regulatory criteria relevant to the petitioner's case. The petitioner does 
not claim eligibility under any criteria not discussed below. 
(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 classzjication is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
The record contains copies of numerous articles that mention the petitioner, some of which contain her 
photograph, that were published in Israel between 1995 and 2001. The record contains no evidence that any of 
these articles were published in professional, major trade publications or other major media in Israel. Moreover, 
the major~ty of these articles discuss events held-at venues where the petitioner worked and only briefly mention 
the petitioner as a manager of the event. On appeal, counsel contends that the petitioner "became a recognizable 
name and face in Israel, based upon her accomplishment in the field of food and beverage management" and that 
"[hler fame, due solely to her work as a top Food & Beverage Manager in newspapers of general circulation in 
Israel is prima facie evidence of having reached the top of her field." The submitted evidence indicates 
otherwise. Eleven articles identi@ the petitioner as a young manager, one of only three women in similar 
positions in Israel, and describe her attractive appearance and personality. For example, an article published in 
3,2000 edition of Yediot Hayfa states, "Makom ba-Yam is managed by the beautiful and gorgeous 
and an article published in the March 18, 2000 edition of Shavua Tov notes, "Mor is the youngest 
woman in her field (26)." While the petitioner's obtainment at a young age of a managerial position which few 
Israeli women hold is commendable, the majority of the articles that mention these facts do not substantively 
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discuss the petitioner's work or career in any depth, except to describe events and venues that she has managed. 
In their letters submitted on appeal, Michael Walsh, publisher of Food and Beverage International, and Guy 
Heksch, Chief Executive Officer of Pure Hospitality with the Hotel Gansevoort in New York City, both explain 
that it is rare for food and beverage managers to be credited in press coverage of events that they have managed - 
73% this field is generally limited to hotel owners and peers within the industry. -yet neither Mr 
state that they are familiar with the current hospitality industry in Israel 
explains that he was born in Israel to a family of hoteliers, but received his training in the United - 
he remained to work in restaurant and hotel management. Even if food and beverage managers are rarely 
identified in press coverage of events they oversee in Israel, the record does not establish that the petitioner 
became a well-known figure in Israel primarily due to her professional accomplishments because the majority of 
the submitted articles note her attractive appearance and personality, age and gender when identifying her as the 
manager of the reported events. The record thus does not establish that the submitted articles were published in 
major media or are about the petitioner's work in a manner reflective of the requisite sustained acclaim. 
Accordingly, the petitioner does not meet this criterion. 
(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 alliedfield of specification for which classification is sought. 
The record indicates that the petitioner has held positions of substantial responsibility where she supervised 
numerous employees. On appeal, counsel claims that the petitioner's "hiring, firing and supervising a large staff 
of mid-level managers" meets this criterion. Yet duties or activities which nominally fall under a given 
regulatory criterion at 8 C.F.R. $ 204.5(h)(3) do not demonstrate national or international acclaim if they are 
inherent or routine in the occupation itself, or in a substantial proportion of positions within that occupation. 
The petitioner submitted no evidence that she has judged of the work of other individuals in her field in a 
manner significantly outside the general duties of her managerial positions and reflective of sustained national 
or international acclaim. Accordingly, she does not meet this criterion. 
(v) Evidence of the alien 's original scientijk, scholarly, artistic, athletic, or business-related contributions of 
major signzficance in the field. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims the petitioner 
satisfies this criterion through her work at the Place of the Sea banquet and convention center and because 
"[n]umerous articles confirm [her] influence in the food & beverage industry, where she became a brand - a 
t' became top-drawer event [sic]." The record does not support this claim. 
In a letter dated October 2000 and submitted on appeal, Yossi Pitussi, owner of the Place at the Sea, states, "The 
personal relations and professionalism Mor exhibited, and the satisfaction of the clients, turned 'Place at the 
Sea' [inlto an overnight hot spot in the banqueting sector in the North of Israel, and the financial success amved 
soon after, due in largely [sic] to Mor's contribution." ~hilllearl~ values the petitioner's work for 
his center, he does not specifically describe her accomplishments and their impact on the field or otherwise state 
that her work for the Place at the Sea made an ori inal, business-related contribution of major significance to the 
field of food and beverage management. 
n 
states that the petitioner's management of Place at the Sea 
made a major contribution to her field because s e was responsible for the development of the venue as a whole. 
Yet the record does not show, andoes not state, that other food and beverage managers were 
influenced by the petitioner's work at Place at the Sea or that her work otherwise had a major impact on her 
field. Numerous newspaper articles report the opening of the Place at the Sea and credit the petitioner as the 
manager. Yet these articles were all published nearly four years before the petition was filed and do not reflect 
the requisite sustained acclaim. 
The record also does not support counsel's claim that the petitioner became a brand name in the food and 
beverage industry in Israel. As discussed above under the third criterion, numerous newspaper articles identify 
the petitioner as the manager of notable events, but the record contains no evidence that these articles were 
printed in major media in Israel, publication in which would reflect national acclaim. Moreover, apart fi-om 
descriptions of the events themselves, the articles do not discuss the petitioner's work in detail, discuss her 
career in-depth or otherwise identifv maior contributions that she has made to her field. Similarly, the 
assessments o urnrnarize the petitioner's accomplishments as documented in the 
Page 5 
record and note that she has become a relatively well-known figure in Israel, but they do not persuasively 
identify any contributions of major significance that she has made to her field. 
The record indicates that the petitioner had a successful career as a food and beverage manager in the Israeli 
hospitality industry. Yet an alien's documented success in his or her profession is not prima facie evidence that 
he or she has made original contributions of major significance to his or her field. In this case, the record does 
not show, for example, that the petitioner's work elevated food and beverage management to a new level in 
Israel or that other managers in her field were significantly influenced by her work. Accordingly, the petitioner 
does not meet this criterion. 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
On appeal, counsel claims the petitioner meets this criterion because "[tlhe venues are arguably 'artistic 
showcases' - and her work appeared in each one of them." The record does not support this claim. This 
criterion generally applies to visual artists. The petitioner submitted no evidence that she is a visual artist or that 
her field is the culinary arts, rather than food and beverage management within the hospitality industry. 
Moreover, comparable evidence of an alien's eligibility is only accepted when the other criteria at 8 C.F.R. 
9 204.5(h)(3) do not readily apply to the alien's occupation. 8 C.F.R. 9 204.5(h)(4). As evidenced by the record 
in this case, at least three of the criteria at 8 C.F.R. 9 204.5(h)(3) apply to the petitioner's occupation. 
Accordingly, the petitioner does not meet this criterion. 
(viii) Evidence that the alien has pe$ormed in a leading or critical role for organizations or establishments 
that huve a distinguished reputation. 
The record shows that the petitioner was employed as a manager at four venues in Israel between 1996 and 
2002. The petitioner is identified in the submitted newspaper articles as the banquet manager and later the food 
and beverage manager of the Palm Beach Hotel in Acco, the food and beverage manager of the Daniel Hotel in 
Hertzlia, and the manager for the Place at the Sea in Acco. The petitioner submitted printouts from the websites 
of the Palm Beach and the Daniel hotels and letters from three patrons and two mayors thanking the petitioner 
for her work at the Palm Beach Hotel. However, the record contains no evidence from either of these hotels 
specifically describing the petitioner's position and affirming her purportedly leading or critical role. In 
addition, the documents related to the petitioner's work at the Palm Beach Hotel are dated between 1996 and 
1999, at least four years before her petition was filed, and do not reflect the requisite sustained acclaim. On 
appeal, the petitioner submits a letter from Doron Keren, Chief Executive Officer of the Jordan River. Hotel in 
Tiberia, who knew the petitioner as a 
hotel 
management student and later as the "Head of the Banquet 
Department at Dan Hotel chain. ates that the petitioner's "highly professional services ncreased 
the revenues of the hotel and placed it at the highest level of Banquet and Convention centers." The record 
contains no corroborative evidence of the petitioner's work for the "Dan Hotel chain" or any explanation that 
this name refers to the Daniel Hotel where the petitioner was employed as the food and beverage manager. 
Many of the submitted newspaper articles discuss the Place at the Sea, report on notable events held at this 
venue and credit the petitioner as the manager of the establishment. In their letters submitted on appeal, Mr. 
owners of the Place at the Sea, affirm the important role that the petitioner played in 
opment of this establishment. However, bot 
the petitioner's employment with the Place at the Sea ended in Octob 
petition was filed and the relevant newspaper articles are also dated between 1999 and 2000. Hence, even if the 
petitioner performed a leading or critical role for the Place at the Sea, the record does not establish that the 
acclaim she achieved in that role was sustained through her subsequent work at other establishments. 
Accordingly, the petitioner does not meet this criterion. 
(ix) Evidence that the alien has commanded a high salary or other sign8cantly high remune,ration for 
services, in relation to others in thejeld. 
The record contains excerpts from the petitioner's employment contracts. The first contract is dated July 20, 
1999 and memorializes the petitioner's employment as the general manager for Hof Zur Acco Limited at a "base 
gross salary of 11000 NIS a month" with additional benefits of 600 NIS each month for gas expenses and 3000 
NIS a year for clothing. The second contract is between "the Danielle Hotel Ltd." and the petitioner and states, 
"made and signed this . . . day of . . ., 2000." The contract secures the petitioner's employment as the food and 
beverage manager for "a monthly gross salary of 8,000 NIS" with additional compensation of 750 NIS a month 
for overtime and the same amount for weekends and holidays, and "A Bonus of 1,500 NIS (Gross) it month." 
The third contract is dated November 25, 2001 and was executed between "Sun R.I.T. Properties Ltd " and the 
petitioner, for her employment as a general manager at a base salary of "15500 NIS once a month" to be 
increased to "1 6800 NIS" after six months. 
On appeal, the petitioner submits a second letter from Mr. Keren confirming that the gross salary including 
benefits of the food and beverage director at the Jordan River Hotel in Israel as of January 2005 was 9200 Israeli 
shekels per month. Another letter submitted on appeal from Sharon Alon, General Manager of the Magic 
Sunrise Club states that the food and beverage director's salary at this club is 10,000 Israeli shekels per month. 
The submitted printout from the website of Fattal, the hotel chain that owns the Magic Sunrise Club, describes 
the club as "A Luxury Resort Village Between Desert and Sea . . . . The Magic Sunrise Club Eilat is a deluxe, 
5-star two-story resort." This evidence shows that the petitioner commanded a salary above that of a food and 
beverage director at one five-star resort and another hotel in Israel. Yet the record does not persuasively 
demonstrate that the petitioner's documented salaries were consistently above those of other food and beverage 
or general managers, or comparable to such managers at the top of their field in Israel. The record thus does not 
establish that the petitioner has been compensated in a manner consistent with the requisite sustained acclaim. 
Accordingly, the petitioner does not meet this criterion. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act, 8 U.S.C. 9 1153(b)(l)(A), 
only if the alien can establish extraordinary ability through extensive documentation of sustained national or 
international acclaim demonstrating that the alien has risen to the very top of his or her field. The evidence in 
this case indicates that the petitioner was a successfully employed food and beverage manager in the hospitality 
industry in Israel who was mentioned in numerous Israeli newspaper articles. However, the record does not 
establish that the petitioner achieved sustained national or international acclaim as a manager at the very top of 
her field. She is thus ineligible for classification as an alien with extraordinary ability pursuant to section 
203(b)(l)(A) of the Act, 8 U.S.C. 4 1153(b)(l)(A), and her 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. $ 1361. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.