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 
and Immigration 
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. 8 1 153(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. 
V 
eobert P. Wiemann, Director 
Administrative Appeals Office 
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 (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. 5 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. 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. 5 204.5(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. 5 204.5(h)(3), or under 8 C.F.R. 5 204.5(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. 5 204.5(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 theJield of endeavor. 
Page 3 
The petitioner submitted evidence that she received numerous awards at national and international martial arts 
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 and two second-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; two first-place awards, two second-place 
awards 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 the field for which classiJication is sought, 
which require outstanding achievements of their members, as judged by recognized national or international 
experts in their disciplines or fields. 
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. 
  ow ever, the eligibili 
 and selection criteria of the ~ianjin Martial Arts Team are not documented in the 
record. In addition, *resident of the U.S.A. Wushu Kungfu Federation (USA-), explains in 
his letter submitted with the petition that the Tianjin team "represents the highest level of athletes in the sport of 
Wushu in a city of approxi&ately 10 million people." ~ence, 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. Yet 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 major media, 
relating to the alien's work in the field for which classfication 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, some of 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 co ies of articles from thend = 
=magazine. The article from thews is undated and entitled, "Four Wushu Athletes from Our 
City Will Visit the United States of America." The article briefly states, "The female athlete, [the petitioner] 
-. 
wili perform Double Swords," 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 1 I, 1996 edition of Dallas Chinese 
News does not discuss the petitioner in its text and contains two photographs that allegedly include the 
petitioner, but do not identify the petitioner by name. The record also contains 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 submitted excerpt from the FebruaryIMarch 1997 edition of Kung Fu magazine includes three photographs 
of the petitioner and the following brief description: "[The petitioner], from Tianjin, took first place in straight 
sword and long staff during 1989-93 Tianjin Championships." 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 a panel, as a judge of the work of others 
in the same or an alliedfield of specijication 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 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 the field. 
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 marital 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 or picture 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 banquet in Maryland on February 20, 2005. On appeal, the petitioner also submits copies of her 
employment agreements with two martial arts schools in Maryland and Virginia that are dated October 10, 2004 
and December 20, 2004. We cannot consider the documentation of the petitioner's 2005 performances and 
2004 employment contracts because this evidence arose after the petition was filed. The petitioner must 
establish eligibility at the time of filing. See 8 C.F.R. fj 103.2(b)(12), Katigbak, 14 I&N Dec. at 49. However, 
we note that even if this evidence existed before the petition was filed, the record does not indicate that the 
petitioner's two performances and teaching contracts are consistent with national acclaim in the United States, 
as opposed to a regional reputation in the greater area of Washington, District of Columbia. 
Page 5 
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 petitioner was one of 12 performers 
selected by the Chinese Wushu Association to participate on the tour. Mr. mentions 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, Mr 
 oes not identify any original athletic 
Id. 
contributions of major significance that the petitioner has made t 
President of the U.S.A. National Tai Chi Chuan Federation and President of Malee's School of 
Tai Chi and Kung Fu, states that she met the petitioner 
 her perform at the 2003 International 
Wushu-Kungfu Festival and Championships in Virginia. 
 states, "[The petitioner] has outstanding 
skill as an athlete and performer of Chinese martial arts 
 their best tradition of excellence. 
. . . Having seen hundreds of wushu athletes in past years, I can say with confidence that [the petitioner] 
represents her sport and culture with grace and professionalism." oes not discuss any original 
athletic contributions of major significance that the petitioner has made to her ie 
President of the 0-Mei Kungh Wushu Center and Vice President of the 
 states that he 
petitioner since the China's Kungfu Champions 1996 U.S. Tour. Mr. 
petitioner's awards and performances and states that she is an athlete with extraordinaryability. He does not, 
however, identify any specific achieve 
 titioner that have made ori inal contributions of major 
significance to her s ort. 
 Similarly, 
 Chief Instructor at thehlnstitute in Arnold, 
Maryland and 
 of America National Traditional Wushu Federation 
(USANTWF), P etitioner's superior ability and skill as demonstrated in some of her performances 
in the United States, but neither Mr. nor 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 Kun* ma 
that she visited the petitioner at her home and 
 ter in China and that in Ms. 
petitioner is "most likely the [sic] one of the top masters of the art of wushu in the 
the petitioner was published in Kun* many times, but the record only documents the single article from the 
FebruaryIMarch 1997 edition of Kung Fu that was discussed above under the third criterion. While Ms. Burr 
highly 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 (BIA 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, 5" Dan is probably the highest possible 
rank awarded to an athlete at [the petitioner's] age." Again, the record contains no evidence to corroborate 
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 Kungfi 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. 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments 
that have a distinguished reputation. 
Prior counsel claimed that the petitioner met this criterion through her role on the Tianjin Martial Arts Team, the 
Chungqing Martial Arts team and the Shanxi Team because she won various awards while a member of these 
teams. However, the submitted award certificates were granted to the petitioner as an individual athlete and do 
not mention her membership on any team. The record contains no other documentation of the petitioner's 
membership on these teams. Present counsel does not reassert the petitioner's eligibility under this category and 
the record does not establish that the petitioner meets this criterion. 
(ix) Evidence that the alien has commanded a high salary or other signijcantly high remuneration for 
services, in relation to others in the$eld. 
The petitioner did not initially claim eligibility under this criterion. On appeal, counsel claims that the petitioner 
currently commands a significantly high salary to teach at Kung Fu schools in the United States and cites the 
employment agreements submitted on appeal. As explained above under the fifth criterion, we cannot consider 
this evidence because it arose after the petition was filed. The petitioner must establish eligibility at the time of 
filing. See 8 C.F.R. 8 103.2(b)(12), Katigbak, 14 I&N Dec. at 49. However, we note that the petitioner did not 
submit evidence of the salaries of top martial arts teachers in the United States to support her claim that her 
salary is significantly high. 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. § 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 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. 5 1361. 
 Here, the petitioner has not sustained that burden. 
 Accordingly, the appeal will be 
dismissed. 
ORDER: The appeal is dismissed.