dismissed EB-1A Case: Latin Dance

-pmLlC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: - Office: VERMONT SERVICE CENTER Date: Jn 2 0 m7 
EAC 06 008 51 830 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)(l)(A) of the Imgration and Nationality Act, 8 U.S.C. 5 1 153(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. 
difid fi:?. 04@ &+:ti 2 t(: 
." kobert P. Wiemann, Chief 
%. d 
I[/ Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Verrnont Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification as an "alien of extraordinary ability" in athletics, pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 1 53(b)(l)(A). 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. 
On appeal, the petitioner asserts that his dance partner was approved. The petitioner provided no 
evidence of this approval or information, such as a receipt number, that would allow us to verify this 
claim. Regardless, each case must be decided on a case-by-case basis on the evidence of record. The 
petitioner also submits new evidence, most of which postdates the filing of the petition and cannot be 
considered evidence of the petitioner's eligibility as of that date. See 8 C.F.R. 5 103.2@)(12); Matter of 
Katigbak, 14 I&N Dec. 45,49 (Reg. Comm. 1971). While the petitioner does not specifically address 
the director's concerns and we concur with the director's ultimate conclusion, the director's decision 
fails to analyze the evidence pursuant to the pertinent regulations. Thus, we will more llly analyze the 
evidence below. 
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 hs subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, 
business, or athletics whch 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. 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. 5 204.5(h)(3). The relevant criteria will be addressed below. 
It should be reiterated, however, that the petitioner must show that he has sustained national or 
international acclaim at the very top level. 
This petition seeks to classify the petitioner as an alien with extraordinary ability as a competitive Latin 
dancer. 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 director's notice of intent to deny listed the criteria for a 
different classification, aliens of exceptional ability pursuant to Schedule A, Group 11, that requires 
"widespread international recognition" rather than "national or international acclaim." The director 
implies that the petitioner may be intending to seek this other classification although the record does 
not suggest that the petitioner was seeking any classification other than extraordinary ability pursuant to 
section 203(b)(l)(A) of the Act. Both the notice of intent to deny and the final decision imply that the 
petitioner must demonstrate that he has won awards individually, as opposed to as a member of a team, 
and that he must meet specific criteria rather than any three of the ten. As the director's notices did not 
properly address the pertinent criteria, we will consider all ten criteria as follows: 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in theJield of endeavor. 
Most of the evidence submitted relates to this criterion. Contrary to the director's implication, we will 
not dismiss an award simply because the petitioner won the award as a member of a team. We note 
that Gramrny Awards are issued to musical groups and Olympic medals are awarded to entire teams. 
That said, the petitioner must demonstrate that he is a named recipient of the award and not simply 
associated with an award-winning project. Finally, as stated in the regulation at 8 C.F.R. 
§ 204.5(h)(3)(i), the award must be nationally or internationally recognized. Thus, the petitioner must 
establish the award's significance at, at a minimum, the national level. 
Several references, including the petitioner's main coach for six years, assert that the petitioner and his 
partners were Bulgarian National Champions in the Latin and Ballroom categories and "vice 
champions" in other competitions. The primary evidence of an award is the award itself whereas 
secondary evidence might be media coverage of the award. To rely on affidavits, the petitioner must 
first demonstrate that both primary and secondary evidence does not exist or is unavailable. 8 C.F.R. 
@ 103.2(b)(2). 
The petitioner submitted the following awards issued by the Bulgarian Sport Dance Federation: 
1. First Place "M-La," Republican Championshp of Sport Dances, Sofia, year 
unknown; 
2. Second Place "AM-La," Republican Championship of Sport Dances and Club 
of Sport Dances "Siana Dance," Plovdiv, year unknown; 
3. First Place "M-La," Republican Championship of Sport Dances and Club of 
Sport Dance "Amarand-M," year unknown; 
4. First Place, Open Sport Dances Tournament, Dupnica, 1999; 
5. First Place, V Open Sport Dances Tournament, Stara Zagora, 1999; 
6. First Place, Open Sport Dances Tournament, Kavama, 1999; 
7. First Place "M-La," Republican Championship of Sport Dances, Burgas, 2001; 
8. First Place in the Championship for Amateurs 10 dances, Republican 
Championship of Sport Dances, 10 Dances, 2001 ; 
9. First Place "M-La," Open Tournament of Sport Dances and Club of Sport 
Dances "Tuida-200 1 ;" 
10. First Place "M-La" and Conventional Dance, Republican Championship of 
Sport Dances," Plovdiv, 200 1 ; 
1 1. First Place "A-La,?' National Sport Dances Championship, Venlingrad, 2001 ; 
12. Second Place "B-la," Open Tournament of Sport Dances, Plovdiv, 2001 ; 
13. Second Place, Open Tournament of Sport Dances of KST "Fantastiko," 
Dupnica, 200 1 ; 
14. Second Place "A-la," Sport Dances Tournament "Masters Gala," Sofia, 2001; 
15. First Place "M-La,?," International Tournament of Sport Dances, Vama, 2002; 
16. First Place "M-La" and Am-B-St, Republican Championship of Sport Dances, 
Ruse, 2002. 
17. Second Place, Republican Championship of Sport Dances and Club of Sport 
Dances, Plovdiv, 2002; 
18. First Place "1 8M+M-La," Open Tournament of Sport Dances and Club of Sport 
Dances "Sliven" and Town Sliven, 2004; 
Page 5 
19. First Place "M-La," 9 National Tournament of Sport Dances for the Cup of 
Sofia, 2004 and 
20. First Place, National Tournament of Sport Dances, Sofia, 2004; 
The director concluded that the petitioner did not demonstrate whether he won these awards as an 
individual or as a member of a team. The awards, however, are either issued to the petitioner 
individually or to him and his partner. Moreover, as stated above, we will not discount the above 
awards simply because they were issued to the petitioner jointly with his partner. 
On appeal, the petitioner submits a Certificate of Accomplishment from the Broadway Dance Center in 
recognition of his completion of a three-month program. This is not an award or prize for excellence. 
The remaining evidence submitted on appeal relates to accomplishments after the date of filing which 
cannot be considered evidence of eligibility as of that date. See 8 C.F.R. 8 103.2(b)(12); Matter of 
Katigbak, 14 I&N Dec. at 49. 
Thus, we will focus on the petitioner's Bulgarian awards. The petitioner must demonstrate the national 
significance of these awards. The petitioner has not provided materials regarding the hierarchy of 
dance competitions in Bulgaria or the meaning of abbreviations such as "M-La." Nevertheless, we 
acknowledge the assertions of the petitioner's coach and others that at least some of these awards 
represent national championships. Thus, we are satisfied that the petitioner meets this one criterion. 
The petitioner, however, must meet at least three to establish eligibility. 
Documentation of the alien S membership in associations in the field for which classzfication is 
sought, which require outstanding achievements oftheir members, as judged by recognized national 
or international experts in their disciplines or fields. 
In response to the director's intent to deny, the petitioner asserted that he was submitting "evidence of 
membership in international associations." The petitioner, however, only submitted letters providing 
general praise, awards, a "start book," and untranslated foreign-language articles. The director appears 
to accept that evidence of membership was submitted, concluding that the petitioner had not established 
whether his membership was individual or "as a member" and stating that mere association with a 
prestigious association is insufficient. 
On appeal, the petitioner submitted evidence that he is a member of the National Dance Council of 
America as a "ProIArn Teacher" and a "Competing Professional." The petitioner, however, did not 
submit the membership criteria for the council. 
As stated by the director, at issue for this criterion is the requirements for membership. Specifically, 
the petitioner must demonstrate that he is a member of an association that requires outstanding 
achievements of its members. Membership required for all competitors in the field cannot serve to set 
the petitioner apart from other members of the field. 
Page 6 
For the reasons discussed above, the petitioner has not established that he meets this criterion. 
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 classiJication is sought. Such evidence 
shall include the title, date, and author ofthe material, and any necessary translation. 
Initially, the petitioner submitted a 2003 article in the Stara Zagora News and a summary translation. 
The article appears to discuss the success of the petitioner and his partner at a recent youth competition. 
In response to the director's notice of intent to deny, the petitioner submitted two foreign-language 
articles with no translation. The director did not discuss this evidence. 
The record contains no evidence that the Stara Zagora News has a national circulation such that we can 
- 
 consider it major media. Moreover, the petitioner did not comply with the regulation at 8 C.F.R. 
8 204.5 (h)(3)(iii) by submitting complete certified translations of all of the published materials. Thus, 
the petitioner has not established that he meets this criterion. 
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 speczification for which classzfication is sought. 
The record contains some evidence that the petitioner has taught children. The director did not 
acknowledge these assertions. The evidence submitted to meet a given criterion, however, must be 
indicative of or at least consistent with national or international acclaim. In other words, duties that are 
inherent to an occupation cannot serve to meet this criterion. It is inherent to the occupation of teacher 
to evaluate one's students. Thus, the petitioner's teaching responsibilities cannot serve to meet this 
criterion. The record contains no evidence that the petitioner has served as a judge at a dance 
competition or had a similar judging responsibility. Thus, he has not established that he meets this 
cntenon. 
Evidence of the alien 's original scientific, scholarly, artistic, athletic, or business-related 
contributions of major signzficance in the field. 
The regulation at 8 C.F.R. 5 204.5(h)(3)(v) requires that the alien have made contributions that are both 
original and of major significance. While the petitioner has been a successful dancer in Bulgaria and 
submits letters providing general praise of his abilities, the petitioner has not explained how he has 
made contributions to the sport of dance that are either original or have impacted the sport as a whole 
such that they can be considered to be of major significance. Thus, 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 does not claim to meet this criterion and the record contains no evidence relating to it. 
Page 7 
Evidence ofthe display of the alien S work in the field at artistic exhibitions or showcases. 
The petitioner is a competitive dancer in ballroom dance, which we note is an Olympic sport. Even 
dance that constitutes art is a performing art. Thus, the petitioner has not established that ths criterion, 
applicable to the visual arts, is applicable to his field. We note that it is inherent to ballroom dancing to 
dance in competitions. Not every dance competition is an exhibition of showcase of the petitioner's 
"art." Thus, we are not persuaded that his performance at dance competitions serves to meet this 
criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The petitioner does not claim to meet this criterion and the record contains no evidence relating to it. 
Evidence that the alien has commanded a high salary or other signzficantly high remuneration for 
services, in relation to others in the field. 
The petitioner does not claim to meet this criterion and the record contains no evidence relating to it. 
We note that the director implies that the failure to meet this criterion precludes eligibility. The 
regulations, however, do not specify that an alien must meet this criterion provided he meets at least 
three other regulatory criteria. Thus, we withdraw the director's implication that the failure to meet this 
criterion precluded eligibility. 
Evidence of commercial successes in the performing arts, as shown by box office receipts or record, 
cassette, compact disk, or video sales. 
The petitioner engages in dance as a competitive sport, not as a performing artist. Regardless, the 
petitioner does not claim to meet ths criterion and the record contains no evidence relating to it. 
The documentation submitted in support of a claim of extraordinary ability must clearly demonstrate 
that the alien has achieved sustained national or international acclaim and is one of the small percentage 
who has risen to the very top of the field of endeavor. 
Review of the record, however, does not establish that the petitioner has distinguished himself as a 
ballroom dancer 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 
indicates that the petitioner shows talent as a ballroom dancer, but is not persuasive that the petitioner's 
achievements set him significantly above almost all others in his field. Therefore, the petitioner has not 
established eligibility pursuant to section 203@)(1)(A) of the Act and the petition may not be approved. 
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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.