dismissed EB-1A Case: Information Technology

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U.S. Department of Homeland Security 
20 Mass. Ave.. N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: EAC 03 147 50922 Office: VERMONT SERVICE CENTER Date: mi; jL 2 ZOCZ 
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: 
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. 
Administrative Appeals Office 
EAC 03 147 50922 
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 on appeal. The appeal will be dismissed. 
The petitioner seeks classification of the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1 153(b)(l)(A), as an alien of 
extraordinary ability. The director determined that the petitioner had not established that the beneficiary had 
achieved 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) 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 into the United States will substantially benefit prospectively 
the United States. 
The applicable regulation defines the statutory term "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. 3 204.5(h)(2). 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, 
international 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. 
In this case, the petitioner seeks classification of the beneficiary as an alien with extraordinary ability as a 
computer network and security specialist. The record shows that the beneficiary is the president of the 
petitioner, Opo Computer Technologies (OpoTech), a computer training school. The petitioner, unrepresented 
below, submitted supporting documents including a copy of a labor condition application for the H-1B 
nonimmigrant visa program filed electronically by OpoTech, three articles in English about the beneficiary, four 
articles in Spanish purportedly about the petitioner and the beneficiary, 12 certifications or membership 
certificates for the beneficiary and his non-profit organization from various information technology (IT) related 
associations or businesses, a copy of the beneficiary's diploma in Spanish, and the 2001 Annual Report of the 
United Neighborhood Houses of New York which contains two photographs and a quotation of the beneficiary. 
EAC 03 147 50922 
Page 3 
The director found the evidence did not demonstrate the sustained acclaim requisite to classification as an alien 
with extraordinary ability. 
On appeal, counsel submits a brief and new evidence including three additional certifications awarded to the 
beneficiary, a copy of a handbook entitled "The A+ Certification Guia de Examen" written by the beneficiary, a 
copy of an unsigned letter describing Latin Technologies Incorporated, three additional articles about the 
beneficiary's work, a videotape of his weekly television segments broadcast by Univision, and six 
recommendation Letters. Counsel's claims and the new evidence do not overcome the deficiencies of the 
petition and the appeal will be dismissed. The evidence submitted and counsel's claims are addressed in the 
following discussion of the regulatory criteria relevant to the petitioner's case. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards 
for excellence in the field of endeavor. 
The record contains several documents evidencing the beneficiary's successful training and certification in IT 
systems. These certificates evidence the beneficiary's professional credentials, but are not nationally or 
internationally recognized prizes or awards for excellence in the IT field. The petitioner also submitted a 
"Certificate of Appreciation" presented to the beneficiary by the "Union Settlement Association Adult 
Education Program" on June 13, 2002 "for his generous contribution to the program." The record does not 
explain the significance of this certificate or otherwise demonstrate that it constitutes a nationally or 
internationally recognized prize or award in the beneficiary's field. Accordingly, the beneficiary does not meet 
this criterion. 
(ii) Documentation of the alien's membership in associations in the field for which classgfication is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines or fields. 
On appeal, counsel claims that ten of the certificates issued to the beneficiary evidence his eligibility under this 
criterion and his "recognition by national and/or international experts such as Microsoft." The record does not 
support this claim. The petitioner submitted documents demonstrating the beneficiary's certification as a 
Network+ Certified Professional by the Computing Technology Industry Association (CompTIA), a Microsoft 
Certified professional, a Server+ Certified Professional by CompTIA, his completion of the "CISCO CCNA" 
course requirements by the Career Center Incorporated in New York City, the Intel Converged Communications 
Platform Installation and Configuration Course, and his "Distinguished Achievement" in the Per Scholas 360 
hour computer technician training program. On appeal, the petitioner submitted two additional, undated 
documents demonstrating the beneficiary's certification as a Microsoft Certified Systems Administrator on 
Microsoft Windows 2000 and as a Microsoft Certified Desktop Support Technician on Microsoft Windows XP. 
These documents demonstrate the beneficiary's technical training and professional credentials. They do not 
evidence his membership in any of the issuing companies or organizations. 
We note that the petitioner also submitted a third document on appeal showing that the beneficiary became a 
"Pearson VUE Certified Administrator" on July 16, 2003. We cannot consider this document because it was 
issued after the petition was filed. The petitioner must establish the beneficiary's eligibility at the time of filing; 
a petition cannot be approved at a future date after the beneficiary becomes eligible under a new set of facts. 
See 8 C.F.R. 5 103.2(b)(12), Mutter ofKatigbak, 14 I&N Dec. 45,49 (Comm. 1971). 
EAC 03 147 50922 
Page 4 
The record contains two documents pertaining to actual membership in professional associations. The petitioner 
submitted a certificate evidencing the beneficiary's membership "in good standing of the Computing Technology 
Industry Association [CompTIA], an organization dedicated to the highest standards of professionalism in the 
information technology industry." The certificate states that the beneficiary has been a CompTIA member since 
November 4,2001. The petitioner also submitted a CompTIA membership certificate for the beneficiary's non- 
profit organization, Latin Technologies, stating that the organization has been a member since November 8, 
2002. The record contains no documentation of the CompTIA membership criteria or other evidence that 
outstanding achievements are prerequisite to CompTIA membership. Accordingly, the beneficiary does not 
meet this criterion. 
(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. 
The petitioner initially submitted three articles in English and four articles in Spanish as evidence of the 
beneficiary's eligibility under this criterion. The Spanish articles were submitted without certified English 
translations as required by 8 C.F.R. 5 103.2(b)(3). Without certified translations of the articles, we cannot 
determine whether they support the beneficiary's claimed eligibility under this criterion. Id. 
The first English article is entitled "NYer of the Week [:I Helping Latinos Learn Computers 
One Keystroke at a Time" and is printed from the website of "NY 1 News, NYC's 24-Hour Newschannel on the 
Web." The article is dated April 4,2003, includes a picture of the beneficiary and discusses his establishment of 
OpoTech and a non-profit organization offering free computer classes in New York City. The second article 
was published in the August 8, 2002 edition of the Queens Chronicle newspaper and is entitled "Non-Profit 
Organization Helps Immigrants Start Businesses." This article discusses the small loans and business training 
offered by Accion New York. The beneficiary is featured as an example of one of Accion's successful loan 
recipients who used the assistance third article is an undated profile of the beneficiary 
entitled "Newsday Queens these articles feature the beneficiary and discuss 
his work, they do not satisfy this in local media. The record contains no 
evidence that NY I News, the Queens Chronicle, or Queens Newsday constitute major media, publication in 
which would reflect national acclaim. 
On appeal, the petitioner submitted additional evidence under this category. First, we cannot consider two 
additional newspaper articles because they were published after the date of filing. The petitioner must establish 
the beneficiary's eligibility at the time of filing; a petition cannot be approved at a future date after the 
beneficiary becomes eligible under a new set of facts. See 8 C.F.R. 5 103.2(b)(12), Katigbak, 14 I&N Dec. at 
49. Second, an article apparently printed from the website of Channel 47 Telemundo does not indicate the date 
it was published as required by this regulatory criterion. Finally, the petitioner submitted a videotape of the 
beneficiary's appearance as a computer expert on weekly television segments broadcast on Univision Channel 
41. These segments were broadcast in Spanish and the videotape was submitted without a certified F;nglish 
translation of the broadcast transcripts as required by 8 C.F.R. 5 103.2(b)(3). Without certified translations of 
the segments, we cannot determine whether they support the beneficiary's eligibility. Id. 
The record contains evidence of media coverage of the beneficiary and his work in local or regional newspapers 
and television. The petitioner submitted no evidence of published material about the beneficiary in professional, 
EAC 03 147 50922 
Page 5 
major trade publications or other major media that demonstrate the requisite sustained acclaim. Accordingly, he 
does not meet this criterion. 
(iv) Evidence of the alien's participation, either individually or on apanel, as a judge of the work of others 
in the same or an alliedfield of specrfication for which classrfication is sought. 
The record indicates that the beneficiary has evaluated the computer skills of students at OpoTech. However, 
duties or activities which nominally fall under a given regulatory criterion at 8 C.F.R. 5 204.5(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 record contains no evidence that the beneficiary 
has judged of the work of other individuals in his field in a manner significantly outside the general duties of his 
position and reflective of national or international acclaim. Accordingly, he does not meet this criterion. 
(v) Evidence of the alien's original scientzjic, scholarly, artistic, athletic, or business-related contributions of 
major signiJicance in the field. 
The record indicates that the beneficiary has made valuable and commendable contributions to his field by 
providing computer skills training and IT certification programs to Spanish-speaking and other individuals in the 
New York City metropolitan area. For example, Congressman Joseph Crowley (in his recommendation letter 
submitted on appeal) explains that the beneficiary "has lent his talents and expertise to achieve the interrelated 
goals of bridging the technological divide for minority communities and in helping to build a diverse and 
competent US IT workforce." However, the record does not demonstrate that the beneficiary's work has been 
recognized as a major contribution to his field in a manner reflective of the requisite sustained national or 
international acclaim. The record contains media articles and segments about the beneficiary that have only 
been published or broadcast regionally and the petitioner submitted no evidence that IT experts across the 
country or abroad have been influenced by the beneficiary's work. Accordingly, the beneficiary does not meet 
this criterion. 
(vi) Evidence of the alien S authorship of scholarly articles in the Jield, in professional or major trade 
publications or other major media. 
On appeal, the petitioner submitted a spiral bound handbook entitled "The A+ Certification Guia de Examen." 
The handbook is written by the beneficiary but is dated 2004, the year after the petition was filed, and 
consequently cannot be considered. The petitioner must establish the beneficiary's eligibility at the time of 
filing; a petition cannot be approved at a future date after the beneficiary becomes eligible under a new set of 
facts. See 8 C.F.R. tj 103.2(b)(12), Katigbak, 14 I&N Dec. at 49. 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments 
that have a distinguished reputation. 
On appeal, counsel claims the beneficiary meets this criterion through his role at1 OpoTech and Latin 
Technologies Incorporated (Latin Tech), as evidenced by the support letters and the letter describing Latin Tech 
submitted on appeal. The petitioner submitted six letters of recommendation from individuals for whom the 
beneficiary has provided IT services or who are familiar with his work. While such letters provide relevant 
information about an alien's experience and accomplishments, they cannot by themselves establish the 
alien's eligibility under this criterion because they do not demonstrate that the alien's role has been 
EAC 03 147 50922 
Page 6 
recognized in his field beyond the limited number of individuals with whom he has worked directly. Even 
when written by independent experts, letters solicited by an alien in support of an immigration petition carry 
less weight than preexisting, independent evidence that one would expect of an alien who has sustained 
national or international acclaim. 
Congressman Crowley states that the beneficiary "is employed by Opo Technologies Corporation which has 
been instrumental in training new recruits for the technological industry. In particular Opo Technologies has 
a record of targeting and empowering international students and immigrants by providing them with the tools 
and training needed to be successful in supporting our nation's efforts to remain on the technological 
forefront." Diego Pinzon, Vice President and Small Business Relationship Manager of HSBC Bank USA in 
Jamaica, New York, affirms that OpoTech "has a focus of relieving and helping the Spanish-speaking people - 
who have been left behind in the digital divide. This school is one of a handful of New York City corn uter 
schools, targeted at immigrants and international students that go beyond teaching basic skills." M1) 
adds that the beneficiary also "provides consulting and management for the IT Department [sic] of important 
companies that are located in different states throughout the Country [sic)." This sentence is repeated 
verbatim in two other letters, but the record contains no evidence of the beneficiary's work outside of the 
New York City metropolitan region. 
Diego De La Vina, of Rio Tinto Export Incorporated in Port Newark, New Jersey, states that the 
beneficiary's "role in Rio Tinto Export as an IT consultant is a crucial one. . . . [He] not only provides us 
with the basic technology services for our daily operations, but also emphasizes in [sic] the importance of 
computer security, networks, and the development of a complex interface system. [His] consultant service 
enables Rio Tinto to maintain its competitiveness within the fresh produce industry allowing the continuous 
growth of our company." Even if Mr. De La Vina's letter were sufficient to establish the beneficiary's 
critical role for his company, it would not satisfy this criterion because the record contains no evidence that 
Rio Tinto has a distinguished reputation. 
Similarly, Milton Villalona, President of the International Dominican Festival, explains the importance of the 
beneficiary's IT services to his organization, but the record contains no evidence that the Festival has a 
distinguished reputation. Mr. Villalona states that the "festival depends on the innovative aspects of [the 
beneficiary] to continue to overcome many of our logistical obstacles. Through the advice and hard work of 
[the beneficiary], we have been able to become an international event and have grown to be recognized by 
many government officials for our dedication and representation of the Dominican Culture." The record 
contains no corroborative evidence of this recognition. 
Maria Alvarez, Director of the Institute for the Puerto RicanIHispanic Elderly Brooklyn Caregivers Program, 
andational President and Chief Executive Officer of Latinos in the Information Sciences 
and ec no ogy ssociation, affirm their support for the beneficiary in letters that repeat verbatim several 
paragraphs that are contained in the letters of Mr. De La Vina and Congressman Crowley. This repetition 
suggests that the language is not the authors' own and detracts from the letters' probative value. 
Finally, the petitioner submitted a letter written (but not signed) by the beneficiary as Chairman of Latin 
Tech. The letter describes Latin Tech as a non-profit organization that provides needed services "to assist 
Latinos and other minorities to improve their quality of life through high excellence education and careers in 
technology." 
EAC 03 147 50922 
Page 7 
These letters and the media articles discussed above under the third criterion indicate that the beneficiary 
plays a leading and critical role for OpoTech and Latin Tech. However, the record does not persuasively 
show that the beneficiary's role at these organizations has been recognized in his field in a manner consistent 
with sustained national or international acclaim. Accordingly, the beneficiary does not meet this criterion. 
(ix) Evidence that the alien has commanded a high salay or other signzficantIy high remuneration for 
services, in relation to others in the field. 
The Form 1-140 lists the beneficiary's proposed weekly wage as $1,250 and the labor condition application 
states his annual salary as $65,000. Yet the record contains no evidence of the beneficiary's actual income or 
comparative documentation that his remuneration is significantly higher than other individuals engaged in IT 
educational services and consulting or that his income is comparable to such individuals at the very top of this 
field. Accordingly, the beneficiary 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. 5 11 53(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 beneficiary established a computer and IT training school and non-profit organization 
in New York City and has made commendable contributions to his field in that metropolitan area. However, the 
record does not establish that the beneficiary has achieved sustained national or international acclaim as an IT 
educator or consultant placing him at the very top of his field. He 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. 5 1 153(b)(l)(A), 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.