dismissed EB-1A Case: Martial Arts

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
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and Immigration 
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Office: VERMONT SERVICE CENTER Date: 0 1 2006 
EAC 04 091 50359 
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: 
0 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. 
aobert P. Wiemann, Director 
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 (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. § 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics as a Wushu martial artist. The director determined that the petitioner had not established the sustained 
national or international acclaim requisite to classification as an alien of extraordinary ability. On appeal, 
counsel submits a brief and additional evidence that do not overcome the deficiencies of the petition. 
Consequently, the appeal will be dismissed for the reasons discussed below. 
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. 
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. However, the weight given to evidence submitted to fulfill the criteria 
at 8 C.F.R. 204.5(h)(3), or under 8 C.F.R. § 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. fj 204.5(h)(2). 
We address the evidence submitted and counsel's contentions in the following discussion of the regulatory 
criteria relevant to the petitioner's case. Counsel does not claim that the petitioner meets any criteria not 
discussed below. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards 
for excellence in the field of endeavor. 
The petitioner submitted evidence that she received numerous awards at national and international competitions 
including six first place awards at the 2003 International Wushu-Kungfu Festival and Championships in 
Virginia; three first-place, one second-place and one third-place awards at the 2002 National Martial Arts 
Championship in China; three first-place, one second-place and one third-place awards at the 2002 Sang Li Cup 
National Martial Arts Women's Championship in China; a first-place award at the Martial Arts Final 
Competition in the Ninth Annual National Games in China in 2001; and one first-place award, one second-place 
award and one third-place award at the Fifth World Chinwoo Wushu and Cultural Carnival held in 1998 in 
Malaysia. The director did not fully address the evidence of the petitioner's awards, which we find sufficient to 
establish her eligibility under this criterion. 
(ii) Documentation of the alien's membership in associations in thejeld for which classijication is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines orjelds. 
Prior counsel claimed the petitioner met this criterion as a former member of the Tianjin Martial Arts Team, 
which prior counsel claimed was an association that requires outstanding achievements of its members. 
However, the eligibility and selection criteria of the Tianjin Martial Arts Team are not documented in the 
record. In addition, President of the U.S.A. Wushu Kungfu Federation (USAWKF), explains in 
his letter submitted that the Tianjin team "represents the highest level of athletes in the sport of 
Wushu in a city of approximately 10 million people." Hence, the petitioner's team membership is indicative of 
her renown in the Tianjin metropolitan region, but the record does not establish that membership in the Tianjin 
Martial Arts Team demonstrates national acclaim in China. 
On appeal, present counsel claims the petitioner satisfies this criterion through her membership in the 
USAWKF. The submitted documents show that the petitioner joined the USAWKF on January 12, 2004. 
However, the record contains no documentation of the USAWKF membership eligibility criteria or other 
evidence that outstanding achievements are prerequisite to USAWKF membership. Accordingly, the petitioner 
does not meet this criterion. 
(iii) Published material about the alien in professional or major trade publications or other mq.or media, 
relating to the alien 5 work in the field for which classiJcation is sought. Such evidence shall include the 
title, date, and author of the material, and any necessary translation. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims the petitioner 
meets this criterion through materials concerning the China's Kungfu Champions 1996 U.S. Tour. On appeal, 
counsel submits copies of posters, a brochure and an advertisement for this tour, which contain photographs of 
the petitioner. These documents do not satisfy this criterion because they are promotional materials, not 
independent media coverage of the petitioner's work that reflects national or international acclaim. 
On appeal, counsel also submits copies of articles from 
 s, Dallas Chinese News, Xing 
Zhou Daily and Kung Fu magazine. The article from th 
mmum 
is undated and entitled, "Four 
Wushu Athletes from Our City Will Visit the United State 
 icle briefly states, "The female 
athlete, [the petitioner] will perform San-Jie Staff and other wushu," but does not further discuss the petitioner's 
work in any depth. The record also contains no evidence that the Tianjin Daily News is a nationally circulated 
newspaper in China, publication in which could reflect national acclaim. Similarly, the article from the October 
11, 1996 edition of Dallas Chinese News does not discuss the petitioner in its text and contains three 
photographs that allegedly include the petitioner, but do not identify the petitioner by name. The petitioner 
submitted no evidence that Dallas Chinese News is a nationally circulated newspaper or other form of major 
media in the United States, rather than a regional publication serving one linguistic minority population. The 
article from the June 6, 1998 edition of the Xing Zhou Daily is entitled "Wushu is Now Ready to be Included 
into the Olympic Games" and discusses the Fifth World Chinwoo Wushu and Cultural Carnival in Malaysia. 
The article does not mention the petitioner in its text, but features a photograph of the petitioner with a caption 
that reads, "[The petitioner] from Tianjing [sic] City, China is top in the field of Nan Quan (Boxing)." The 
record contains no evidence that the Xing Zhou Daily is a nationally or internationally circulated newspaper or is 
otherwise considered a form of major media. 
The submitted excerpt from the FebruaryIMarch 1997 edition of Kung Fu magazine includes photographs of the 
petitioner and the following brief description: "[The petitioner], from Tianjin, specializes in Nanquan, ground 
forms, three-sectional staff, and two-man set. In the 1990-93 Tianjin Championships, she took second place in 
forms and long staff." The record indicates that Kung Fu is a nationally and internationally circulated martial 
arts magazine published in the United States. However, the single brief mention of the petitioner in one edition 
of this magazine published seven years before her petition was filed does not demonstrate sustained national or 
international acclaim. Accordingly, the petitioner 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 speciJcation for which classiJication is sought. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims the petitioner 
meets this criterion through her service as a judge at two international Wushu Kungfi competitions in the 
United States in 2004. We cannot consider the evidence submitted on appeal regarding the petitioner's work as 
a judge because it arose after the petition was filed. The petitioner must establish eligibility at the time of filing; 
a petition cannot be approved at a future date after the petitioner becomes eligible under a new set of facts. See 
8 C.F.R. fj 103.2(b)(12), Matter of Katigbak, 14 I&N Dec. 45, 49 (Comm. 1971). Accordingly, the petitioner 
does not meet this criterion. 
(v) Evidence of the alien's original scientijic, scholarly, artistic, athletic, or business-related contributions of 
major significance in thejield. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims the petitioner 
meets this criterion because she has won many events at international martial arts competitions, has received 
contracts to teach and perform, has been invited to judge international competitions, has been mentioned in 
published articles, and was a member of the Tianjin Martial Arts Team. We have addressed the petitioner's 
awards, service as a judge, the published articles that mention the petitioner, and the petitioner's membership in 
the Tianjin Martial Arts Team in our foregoing discussions of the first, second, third, and fourth criteria, where 
we concluded that the evidence submitted did not reflect the requisite sustained national or international 
acclaim. 
On appeal, counsel submits evidence that the petitioner performed at the Tenth Annual Chinese New Year 
Banquet of the Maryland-China Business Council, Incorporated on February 16, 2005 and at another Chinese 
New Year banauet in Marvland on Februarv 20. 2005. The ~etitioner initiallv submitted an em~lovment 
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agreement between herself and 
 in Baltimore, Maryland dated December 3 1,2003. 
On appeal, the petitioner submits a second employment agreement between herself and 
dated October 15, 2004. The December 3 1, 2003 agreement states that the petitioner will be paid $30,000 per 
year, but the petitioner did not submit copies of her paychecks, tax forms or other primary evidence of her 
income prior to the filing of this petition. We cannot consider the second employment agreement and the 
evidence of the petitioner's subsequent income submitted on appeal because this evidence arose after the 
petition was filed. The petitioner must establish eligibility at the time of filing. See 8 C.F.R. 3 1 
Katigbak, 14 I&N Dec. at 49. Even if all of the evidence regarding the petitioner's employment by 
Fu, Inc. arose before the petition was filed, the record does not indicate that the petitioner's teaching is 
consistent with national acclaim in the United States, as opposed to a regional reputation in Baltimore, 
Maryland. 
On appeal, counsel also cites the recommendation letters submitted below and a new letter submitted on appeal 
as evidence of the petitioner's eligibility under this criterion. Recommendation letters provide relevant 
information about an alien's experience and accomplishments, but they cannot by themselves establish the 
alien's eligibility under this criterion because they do not demonstrate that the alien's work is of major 
significance in his or her field beyond the limited number of individuals with whom he or she has worked 
directly. Even when written by independent experts, letters solicited by an alien in support of an immigration 
petition cany less weight than preexisting, independent evidence of major contributions that one would expect 
of an alien who has sustained national or international acclaim. Accordingly, we review the letters as they relate 
to other evidence of the petitioner's contributions. 
President of the USAWKF, states that he met the petitioner in 1996 when the USAWKF 
organized the China's Kungu Champions U.S. Tour. He explains that the petiti 
 s one of 12 performers 
selected by the Chinese Wushu Association to participate on the tour. Mrm entions some of the 
petitioner's national awards in China and states: 
With China dominating every World Wushu Championships [sic] organized by IWUF [International 
Wushu Federation], the skill and ability of a National Champion in China are generally considered to 
represent the highest level in their respective area of expertise internationally. [The petitioner] has 
remarkably demonstrated such talent and abilities. 
While he affirms the petitioner's high skill and ability, 
 oes not identify any original athletic 
contributions of major significance that the petitioner has made to her field. 
resident of the U.S.A. National Tai Chi Chuan Federation, states that she met the petitioner and 
watched her perform at the 2003 International Wushu-Kungfu Festival and Championships in Virginia. Ms. 
states, "[The petitioner] is a successful wushu competitor and performer in China. . . . Having seen 
of wushu athletes in past years, I can say with confidence that [the 
 a wonderful examplar 
[sic] of the skill and professionalism of the Chinese wushu tradition." 
 does not discuss any 
letic contributions of major significance that the petitioner has 
, President of the 0-Mei Kungfu Wushu Center and Vice President oft 
 AWKF, states that he 
has known the petitioner since the China's Kungfu Champions 1996 U.S. Tour.  discusses some of the 
petitioner's awards and performances and states that she is an athlete with extraordinary ability. He does not, 
however, ide tify any specific achievements of the etitioner that have made original contributions of major 
!o her s ort. Similarly, , Chief Instructor at the Jing Ying Institute in- 
mndresident of the United States of America National Traditional Wushu Federation 
Page 6 
(USANTWF), both note the petitioner's su erior ability and skill as demonstrated in some of her performances 
in the United States, but neither Mr.- nor ~r.mote any specific, original achievements of the 
petitioner that have made major contributions to her field. 
On appeal, the petitioner submits a letter from 
 former editor of Kungfu magazine. Ms. mates 
that she visited the petitioner at her home and training center in China and that in Ms. 
 estimation, the 
petitioner is "most likely the [sic] one of the top masters of the art of wushu in the world." ~s.s that 
the petitioner was published in Kungfir many times, but the record only documents the single article from the 
FebruaryIMarch 1997 edition of Kung Fu magazine that was discussed above under the third criterion. 
While ~-hi~hl~ praises the petitioner's abilities, she does not identify any specific, original 
contributions of the petitioner that have had a major impact in her field. 
Some of the letters note that the petitioner received the Jian Jiang of Sport Certificate in China and attained 
the Fifth Wushu Dan. The record contains copies of the petitioner's Jian Jiang of Sport Certificate issued by 
the Chinese National Sport Ministry on March 13, 2000 and the petitioner's undated Wushu Dan Certificate 
for the Fifth Dan issued by the Chinese Wushu Association. On appeal, counsel claims that the Jian Jiang of 
Sport is the "highest athlete award recognized by the Chinese Government today." However, the record 
contains no documentation to corroborate this statement. Without documentary evidence to support the claim, 
the assertions of counsel will not satisfy the petitioner's burden of proof. The unsupported assertions of counsel 
do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 533, 534 (BlA 1988); Matter of Laureano, 19 
I&N Dec. 1 (BIA 1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). Concerning the 
petitioner's Fifth Wushu Dan, counsel states on appeal, "considering that the 9" Dan is the highest which 
usually is awarded to only a few senior wushu masters aged over 65, 5th Dan is probably the highest possible 
rank awarded to an athlete at [the petitioner's] age." Again, the record contains no evidence to support 
counsel's statements and the unsupported assertions of counsel do not constitute evidence. Id. 
The record indicates that the petitioner has won numerous awards at various national and international wushu 
competitions in China and other countries and that the authors of the recommendation letters highly esteem the 
petitioner's athletic abilities. The evidence submitted does not, however, establish that the petitioner has made 
original athletic contributions of major significance to her field in a manner consistent with sustained national or 
international acclaim. 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. 
This criterion generally applies to the visual arts. Because the record indicates that wushu is considered an art 
as well as a sport, we will address counsel's claim that the petitioner meets this criterion. Counsel claims the 
petitioner satisfies this criterion through her performances on the China's Kungfu Champions 1996 U.S. Tour 
and as a member of the Chinese Wushu Troupe sent by the Chinese Government to perform in Paris in April 
2001. As discussed above under the third criterion, the petitioner's photograph was included in promotional 
materials for the 1996 Tour, she was briefly mentioned or pictured in three published articles about the tour, and 
several of the recommendation letters discuss her performances on the tour. Yet even if the record demonstrated 
that participation in the 1996 Tour was indicative of national or international acclaim, the petitioner's 
performances on this tour took place eight years before her petition was filed and do not establish the requisite 
sustained acclaim. The petitioner's participation in the Chinese Wushu Troupe's visit to France is not 
sufficiently documented in the record. The petitioner submitted only illegible photocopies of two photographs 
which allegedly picture the Chinese Wushu Troupe during their visit to Paris in April 2001. The record is also 
devoid of any evidence regarding the details and significance of the Troupe's alleged performances in Paris. 
Accordingly, the petitioner does not meet this criterion. 
(ix) Evidence that the alien has commanded a high salary or other signijicantly high remuneration for 
services, in relation to others in the field. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims that the petitioner 
current1 commands a significantly high salary for her services and cites the petitioner's employment at = 
m in Baltimore, Maryland. As explained above under the fifth criterion, we cannot consider the evidence of the petitioner's employment and income at - submitted on appeal because the 
documents arose after the petition was filed. The petitioner must establish eligibility at the time of filing. See 8 
C.F.R. 5 103.2(b)(12), Katigbak, 14 I&N Dec. at 49. Moreover, the petitioner submitted no evidence of her 
income prior to the filing of this petition or documentation that her promised salary of $30,000 in the December 
3 1, 2003 employment letter was significantly higher than the salaries of other martial arts teachers in the United 
States, or comparable to such teachers at the top of their field. 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. 5 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 has won several awards at national and international martial arts 
competitions in China and other countries. The record does not establish, however, that the petitioner had 
achieved sustained national or international acclaim as an athlete placing her at the very top of her field at the 
time of filing. 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. 5 1 1 53(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. 5 1361. 
 Here, the petitioner has not sustained that burden. 
 Accordingly, the appeal will be 
dismissed. 
ORDER: The appeal is dismissed.