dismissed EB-1A Case: Soccer

prevent My on- 
invasion of mrsolrcll pm 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave.. N.W., Rm. A3042 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: EAC 03 139 52680 Office: VERMONT SERVICE CENTER Date: DEC 2 2 Zm 
IN RE: Petitioner: 
Beneficiary: 
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. 4 11 53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Ail documents have been returned to 
the office that originally decided your case. -Any further inquiry must be made to that office. 
Administrative Appeals Office 
EAC 03 139 52680 
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 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, specifically as a professional soccer player. The director determined that the record did not establish 
that the petitioner sought to enter the United States to continue work in his area of expertise. On appeal, counsel 
submits a two-page letter and additional evidence relevant to this issue. The evidence submitted on appeal does 
not overcome this deficiency in the petition and we affirm the director's determination that the petitioner did not 
demonstrate his intent, at the time of filing, to continue working in his field. 
Beyond the decision of the director, the record does not demonstrate that the petitioner has achieved 
sustained national or international acclaim as a soccer player. An application or petition that fails to comply 
with the technical requirements of the law may be denied by the AAO even if the Service Center does not 
identify all of the grounds for denial in the initial decision. See Spencer Enterprises, Inc. v. United States, 
229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), affd. 345 F.3d 683 (9th Cir. 2003); see also Dor v. INS, 891 
F.2d 997, 1002 n. 9 (2d Cir. 1989)(noting that the AAO reviews appeals on a de novo basis). 
Section 203(b) of the Act states, in pertinent part: 
(I) 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. 
Whether the Petitioner Seeks to Enter the United States to Continue Work in the Area of Extraordinary AbiZity 
In his letter accompanying the Form 1-140, the petitioner summarized his accomplishments and stated that he 
was in the process of switching from his current team in the United Arab Emirates to a team in Iran. The record 
contains a printout of an article from the website of the Asian Football Confederation dated March 15, 2003 - 
less than one month before the petition was filed - which confirms that the petitioner was then playing for the 
Iranian team, Pirouzi. In his letter, the petitioner did not discuss his desire or intent to play professional soccer 
in the United States. The documents submitted with the petition contain no other evidence relevant to the 
question of whether the petitioner seeks entry into the United States to continue playing professional soccer. 
EAC 03 139 52680 
Page 3 
For example, the petitioner submitted no contracts, offer letters, or other evidence that professional soccer teams 
in the United States would hire hi On appeal, the petitioner submits a letter from a 
professional soccer agent. states that he is confident that he could place the petitioner with a 
Major League So.ccer team in the United States if the petitioner were ranted lawful permanent residency in this 
country. -s letter is dated November 23,2004. &explains that the petitioner "is one of 
the world's top players and he has indicated to me his desire to continue his soccer career in the U.S." Yet Mr. 
does not state when he became aware of the petitioner's wish to continue laying professional soccer 
in the United States and the record contains no evidence to corroborate ds claim that he could place 
%e petitioner with a professional soccer team in this country. 
On appeal, the petitioner also submits an article printed from the website of IranMania dated November 9, 
2004. The article reports that the petitioner and another player intend to file suit against their Iranian team 
because the soccer club owes the two players $183,000. While this article indicates the petitioner's recent 
dissatisfaction with his current team, it was published after the petition was filed and does not establish that the 
petitioner sought to leave his team for another soccer team in the United States at the time of filing. 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. § 103.2(b)(12), Matter of Katigbak, 14 I&N 
Dec. 45, 49 (Comm. 1971). The record thus does not establish that, at the time of filing, the petitioner sought 
entry into the United States to continue working as a professional soccer player. He is thus ineligible for 
classification as an alien of extraordinary ability pursuant to section 203(b)(l)(A)(ii) of the Act. 
Sustained NationaI or International AccIaim 
The director did not reach the issue of whether or not the submitted evidence demonstrates the requisite 
sustained acclaim. We find that the record does not establish that the petitioner has achieved sustained national 
or international acclaim pursuant to the regulation at 8 C.F.R. 5 204.5(h)(3). 
Specific supporting evidence must accompany an extraordinary ability 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. 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. 
204.5(h)(2). 
In this case, the petitioner submitted numerous press clippings and printouts from soccer-related websites and 
claims that these documents show that he meets five of the regulatory criteria to establish sustained national or 
international acclaim. We address the evidence submitted and counsel's contentions in the following discussion 
of the regulatory criteria relevant to the petitioner's case. The petitioner does not claim eligibility under any 
criteria not listed below. 
EAC 03 139 52680 
Page 4 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards 
for excellence in the3eld of endeavor. 
Counsel claims the petitioner meets this criterion because he received the "New Young Talent" award in 1996 
for his performance in the Asian Cup as a member of the Iranian National Team. The record contains no 
evidence to document this purported award. 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). 
Counsel also claims that the petitioner meets this criterion because he played with the Iranian National Team in 
its preliminary and qualifying matches of the 1998 World Cup, the quarterfinals of the 2000 Asian Cup and their 
first place finish in the 2000 West Asian Football Federation (WAFF) Championships. Counsel further claims 
that the petitioner's performance as a member of the Austrian soccer team, Sturm Graz, satisfies this criterion 
because the team won the Austrian Super Cup in 1998, the 1998-99 Championships of Austrian Clubs, and the 
1998-99 Clubs League. Even if directly attributable to the petitioner, the Iranian National Team's 2000 WAFF 
championship and the championships won by Sturm Graz from 1998 to 1999 were earned between three and 
five years before this petition was filed and do not demonstrate the requisite sustained acclaim. 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 class~jication is sought. Such evidence shall include the 
title, date, and author of the material, and any necessaT translation. 
The record contains numerous articles from various media sources. The majority of these articles only briefly 
mention the petitioner in passing when reporting on soccer games in which he played. Five of the articles are 
not complimentary, but critical of the petitioner's performances during certain games. Seven articles were 
published in a foreign language and were submitted without certified English translations as required by the 
regulation at 8 C.F.R. 5 103.2(b)(3). Twelve of the submitted articles substantively discuss the petitioner's 
individual performances and aspects of his career. These articles were published between 1999 and 2003 in 
various newspapers and on various websites. Although these articles indicate that the petitioner received 
significant press coverage, the record contains no evidence that the source of these articles are professional, 
major trade publications or other major media, coverage in which would reflect the petitioner's national or 
international acclaim. Consequently, the evidence submitted 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 applies to the visual arts. Counsel nonetheless claims that the petitioner meets this criterion 
because "he has been regularly playing soccer in front of thousands of people for nearly ten years." While the 
evidence regarding the venue and attendance of the games in which the petitioner has played might be 
considered as comparable evidence of his eligibility under 8 C.F.R. tj 204.5(h)(4), counsel has not explained or 
documented the need to do so. The comparable evidence provision is only invoked when the ten criteria at 8 
C.F.R. 5 204.5(h)(3) do not readily apply to the alien's occupation. As the record in this case shows, at least 
four of the criteria at 8 C.F.R. tj 204.5(h)(3) readily apply to professional soccer players. Accordingly, we have 
not considered the evidence submitted under this criterion. 
EAC 03 139 52680 
Page 5 
(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishnlents 
that have a distinguished repzttation. 
Counsel claims the petitioner meets this criterion as a "star player" for the Iranian National Team and the 
Pirouzi team of Tehran and as "an essential player" for the Austrian team,. The record contains 
numerous articles that briefly mention the petitioner's performance during various games for these teams. In an 
article printed from the website of Sky Sports, the petitioner's photograph is captioned, "Minavand: Iranian 
star." Another article printed from the website of the AFC describes the petitioner as a "huge boost to Pirouzi" 
and an article from the Agence France Presse calls the petitioner an "influential midfielder" for the Iranian 
National Team. Articles from the website of Persian Football also praise the petitioner as "one of the best 
players on the pitch!" and a "key player" fo-. However, an article from Iran Daily states that the 
petitioner "had short spells with Belgium's Charleroi and Austrian outfits Sturm Graz, without really succeeding 
in proving his mark on the European soil." While the articles show that the petitioner has played well on several 
occasions for the Iranian National Team, Pirouzi and Sturm Graz, the record does not persuasively establish that 
he performed a leading or critical role for these teams in a manner consistent with sustained national or 
international acclaim. Accordingly, the petitioner does not meet this criterion. 
(ix) Evidence that the alien has conzmanded a high salary or other signijicantly high remuneration for 
services, in relation to others in thejeld. 
Counsel claims the petitioner meets this criterion because he has received "lucrative offers to play for top teams 
in countries around the world" and because he accepted a two-year contract for one million dollars to play for 
the Al-Shabab team in the United Arab Emirates. The record shows that the petitioner joined Al-Shabab on a 
two-year contract worth one million dollars, but does not document his purportedly "lucrative offers" from top 
teams in other countries. The petitioner also submitted no comparable evidence of the salaries of other 
professional soccer players in Iran, the United Arab Emirates or other countries from which we could determine 
that his contract with Al-Shabab represents significantly higher remuneration than similar contracts for other 
professional soccer players. The record thus does not establish that the petitioner's salary or remuneration is 
higher than that of other professional soccer players or comparable to such players at the very 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. $ 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 does not establish that the petitioner has achieved sustained national or international acclaim as an 
athlete placing him at the very top of his field. The petitioner also failed to demonstrate that, at the time of 
filing, he sought to enter the United States to continue working as a professional soccer player. He 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. 3 1153(b)(l)(A), and his 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. tj 136 1. The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
ORDER: The appeal is dismissed.