dismissed EB-1A Case: Landscaping

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
FILE: WAC 03 162 54072 0 SERVICE CENTER Date: 
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. 
eobert P. Wiernann, Director 
Administrative Appeals Office 
WAC 03 162 54072 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 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. $ 1153(b)(l)(A), as an alien of 
extraordinary ability. The director determined that the petitioner had not established either the beneficiary's 
statutory eligibility or 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. 5 204.5(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 submitted a cow of the beneficiary's birth certificate. two letters and one notarized 
since 1989." ShZ 
second letter from# 
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kf Champion Landscape Maintenance, the petitioner. In her Januarv 16. statement signed b 
2003 statement, e ttests that th; beneficiary has worked for her company "as a maintenance-man 
:ates that his "position is permanent" and that she "will be at a great loss without him." A 
2 
for the petitioner. A third, handwritten letter by- 
ited February 19, 2003 states that the beneficiary is a "landscape supervisor" 
that is dated February 25,2003 explains that the 
and that it "would be costly and time consuming7' for the beneficiary has been trained in irrigation systems - 
petitioner to replace him. 
WAC 03 162 54072 
Page 3 
The director denied the petition because the record was insufficient to establish 
under the statute and the re ulation. On appeal, the petitioner submits another letter 
/I 
but no 
additional evidenc letter provides additional details about 
experience and importance to er company, but fails to overcome the substantive reasons for denial of the 
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petition. First, the petitioner does not state under which statutory category the beneficiary seeks eligibility. 
Section 203(b)(l)(A) of the Act, 8 U.S.C. 8 1153(b)(l)(A) applies only to aliens with extraordinary ability in the 
"sciences, arts, education, business, or athletics." The record shows that the beneficiary is employed by the 
petitioner as a "maintenance man," "landscape supervisor," and "irrigation installer." The petitioner submitted 
no evidence that demonstrates that these duties fall under any of the five categories of statutory eligibility. 
Second, the petitioner submitted no evidence that the beneficiary has garnered the sustained national or 
international acclaim in his field that is requisite to classification as an alien with extraordinary ability. 
An immigrant visa will be granted to an alien under section 203(b)(l)(A) of the Act only if the petitioner can 
establish the alien's 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 petitioner bears this 
substantial burden of proof. Section 291 of the Act, 8 U.S.C. § 1361. The petitioner in this case has not 
sustained that burden. The evidence indicates that the beneficiary is a valued employee, but the record does not 
establish that he is an alien of extraordinary ability. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.