dismissed EB-1A Case: Printing

ldentiiying data deleted to 
prevent clearly unwarranted 
invasion d' persooal privacy 
PUBLIC COPY 
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 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. 
L Administrative Appeals Office 
DISCUSSION: The Director, Vermont 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" 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 submits a statement and additional documents. 
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 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 to the United States will substantially benefit prospectively 
the United States. 
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). This petition seeks to classify the beneficiary as an alien with extraordinary 
ability as a printer. 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 the following 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. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields; 
(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; 
(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 allied field of specialization for which classification 
is sought; 
(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business- 
related contributions of major significance in the field; 
(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional 
or major trade publications or other major media; 
(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or 
showcases; 
(viii) Evidence that the alien has performed in a leading or critical role for organizations 
or establishments that have a distinguished reputation; 
(ix) Evidence that the alien has commanded a high salary or other significantly high 
remuneration for services, in relation to others in the field; or 
(x) Evidence of commercial successes in the performing arts, as shown by box office 
receipts or record, cassette, compact disk, or video sales. 
It should be reiterated, however, that the petitioner must show that the beneficiary has sustained 
national or international acclaim at the very top level. 
submitted letters from customers praising the petitioner's work 
during 1993 through 1995. According to the petition, the 
United States as a visitor in 1995 and remained here. 
On March 10, 2005, the director issued a notice of intent to deny, advising the petitioner of the ten 
criteria. In response, the a 1995 certificate 
confirming his ownership o 
Page 4 
The director concluded that the petitioner had failed to submit evidence of the beneficiary's sustained 
national or international acclaim. On appeal, the petitioner submits a statement chronicling his service 
for and eventual ownership of a business in Turkey. T 
certificate of meritfemployer recommendation from 
he netitioner also submits (1) a 
. and his 100 shares in that company, (3) a tax document for 
Institute of Technology and the whruc I 
petitioner printed two books in 1994, and (5) copies of the title pages of books printed by 
Ltd. 
I 
. . - . - - - - - - - - - - - -. - - - -- -- 
A - 
confirming the petitioner's position as 
- 
confirmation from them 
- 
While the evidence submitted on appeal confirms that the petitioner owned a printing business in 
Turkey prior to 1995, not every business owner enjoys sustained national or international acclaim. The 
only criterion the evidence addresses is performing a leading or critical role for organizations or 
establishments with a distinguished reputation, 8 CF.R. 5 204.5@)(3)(viii). clearly,-the petitioner 
played a leading or critical role f The record, 
however, lacks evidence that the business enjoyed a distinguished reputation nationally beyond its 
clients. such as favorable media coverage of the business. Even if the petitioner had established that 
- and 
 Ltd. enjoyed a distinguished reputation nationally, the 
-. - 
petitioner would meet only om alien must meet at least three to be eligible for the 
classification sought. 
Moreover, the petitioner left his business in 1995. A petitioner must demonstrate sustained acclaim as 
of the date of filing, in this case September 20, 2004. The record contains no evidence that the 
petitioner has any accomplishments after 1995, nine years before he filed the petition. Thus, he cannot 
demonstrate sustained acclaim. 
The statute requires extensive documentation to establish eligibility for this classification. 
 The 
regulations require that an alien of extraordinary ability be able to demonstrate sustained national or 
international acclaim. Assuming that the beneficiary is a talented printer, the record does not reflect 
that he has attained any national acclaim for that talent. Specifically, the petitioner has not submitted 
documentation that relates to more than one of the ten criteria, of which an alien must meet three. 
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 
printer 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. Therefore, the petitioner has 
not established his eligibility pursuant to section 203(b)(l)(A) of the Act and the petition may not be 
approved. 
Page 5 
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.