dismissed EB-1A Case: Soccer

U.S. Department of Homeland Security 
identifying data ddeted to 
psvent clearly unwarranted 
invasion of persona! privacy 
PUBLIC cop 
U. S. citizenship and Immigration Services 
OfJe ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
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 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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 9 103.5(a)(l)(i). 
Acting Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
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. The director determined the petitioner had not established the sustained 
national or international acclaim necessary to qualifl for classification as an alien of extraordinary 
ability. 
On appeal, the petitioner states that he would like to work in the United States as a soccer player or 
coach. 
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 into the United States will substantially benefit 
prospectively the United States. 
U.S. Citizenship and Immigration Services (USCIS) 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, 
60898-99 (Nov. 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. tj 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. tj 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, filed on February 1,2007, seeks to classify the petitioner as an alien with extraordinary 
ability as a soccer player. 
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, internationally 
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. A petitioner, however, cannot establish eligibility for this 
classification merely by submitting evidence that simply relates to at least three criteria at 8 C.F.R. 
5 204.5(h)(3). In determining whether the petitioner meets a specific criterion, the evidence itself 
must be evaluated in terms of whether it is indicative of or consistent with sustained national or 
international acclaim. 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). The petitioner has submitted evidence pertaining to the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in theJield ofendeavor. 
To fulfill this criterion, the petitioner initially submitted the following evidence: 
1. A certificate for "standing first" and another certificate for the "highest scorer" from the 
Social Welfare Sports Center, both for the petitioner's participation in the 2nd U-16 Football 
Tournament in 2002; 
2. A certificate of appreciation for the petitioner's participation as a runner in the 7th 
Budhasubba Tuborg Gold Cup in 2061 from the Dharan Football Club (accompanied by a 
picture of the trophy); 
3. A certificate for first position in the qualifying round at the Khukuri Cup Football 
Tournament in 2003 organized by the Surya Nepal Private Limited and the All Nepal 
Football Association ("ANFA") (uncertified translation that appears to be a partial translation 
because signatures on bottom were not translated); 
4. A certificate for second position at the Khukuri Cup Football Tournament in 2003 organized 
by the Surya Nepal Private Limited and the ANFA (uncertified translation) (accompanied by 
a picture of the trophy with no inscriptions on it); 
5. A certificate for second position in the 1 5th National Tilottama Gold Cup in 2002 (uncertified 
translation) (accompanied by a trophy with an inscription without a certified translation); 
6. A certificate for first position and a separate certificate for best player, both for the 
petitioner's participation in the Sun Moon Peace Cup in 2005 from the National Police 
Academy (accompanied by photographs of three separate trophies from this tournament and 
a separate picture of the petitioner holding one of the trophies); 
7. A photograph of the 2005 ANMA NASeA Soccer Cup for best player without further 
inscription identifying the petitioner (not a clear picture); 
8. An undated photograph of the petitioner with a trophy, and underneath it a handwritten 
caption indicates the picture depicts the petitioner "receiving [the] best player award on [at 
the] soccer tournament" which was "organized by: Nepalese Association Chicago 
Convention;" 
Page 4 
9. A certificate for second position in the Inter-School Soccer Tournament in 1999 from His 
Highness Prince Nirajan Bir Bikram Shah Dev (uncertified translation); 
10. A certificate for first position at the 2nd Inter-School ANFA Football Tournament in 2000 
(uncertified translation); 
11. A certificate of appreciation for first in the Xavier International Inter College Football 
Tournament in 2060; 
12. A certificate for "runners up" in the ANFA Cup Youth Football Tournament in 2001; 
13. A photograph of a trophy for 2nd Bhunte Memorial Football Running in 2062 without an 
inscription with the petitioner's name; 
14. A photograph of two trophies without any inscriptions but with handwritten captions that 
indicate they are for the Shoyambhu Cup and the Nawa Jyoti Cup; 
15. A photograph of a trophy awarded to the petitioner from the British Gurkha College for "a 
token of memory;" 
16. A photograph of a trophy awarded to the "high scorer," without indicating the petitioner's 
name and without a date, from the Social Welfare Sports Center; 
17. A photograph of a trophy with an uncertified handwritten translation that indicates the trophy 
is for "runners up 1 3th Tilottama Gold Cup;" 
18. A photograph of two trophies, one without any inscription and the other is another picture of 
the same trophy described in item 15; 
19. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 
2001; 
20. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 
1998; 
21. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 
1999; 
22. Three photographs with a picture of awards with inscriptions, without a certified translation 
and only a handwritten description of the awards was provided; and 
23. A photograph of an award for participation in the Wichita Gold Cup, 2006. 
After a review of the initial evidence submitted, the director issued a Request for Evidence ("WE") 
dated April 18, 2008. In the WE, the director notified the petitioner that the evidence provided was 
insufficient to establish eligibility. More specifically, the RFE requested additional information 
regarding the awards including the number of competitors the petitioner was competing against and the 
level of competition for each award. In response to the RFE, the petitioner provided the following 
evidence: 
24. A letter from the President of the Nebraska Nepalese Society dated May 12, 2008, which 
stated that the petitioner had won the most valuable player award on August 3 1, 2006 at the 
All Nepalese Midwest Association (On appeal, the petitioner provided a picture of him 
receiving the award); 
25. Fourteen (1 4) different letters from Dhirendra Pradhan of ANFA, all of which were undated: 
a. The first letter indicated that the ANFA "is the governing body of football in Nepal" 
and that it is "responsible for the national team as well as every higher level football 
competitions held in Nepal;" 
Page 5 
b. 
 The second letter indicated that the petitioner was a team member of the Manang 
Marshyangdi Club ("MMC"), whose team won (six times) the National Pro-League, 
which is the biggest tournament in Nepal, beating thirteen other club teams,; 
The third letter indicated that the petitioner was a team member on the team that 
placed third in the AFC U-20, which is the biggest tournament all over Asia for the 
U-20 category (players under 20 years of age); 
The fourth letter stated that the petitioner won the most valuable player in the Sun- 
Moon Peace Cup and his team, Friends Club, achieved first position beating 7 other 
participating clubs; 
The fifth letter stated that the petitioner secured first position and title of highest 
scorer in the Bhunte Smirte Cup Football Tournament in Dhulikhel, Nepal, which is 
the most famous and only tournament held in that city according to Mr. Pradhan, 
wherein his team competed against 8 other teams; 
The sixth letter indicated that the Jawalakhel Youth Club was the first runner up in 
the 7th Annual Budha Subba Tuborg Gold Cup, which is one of the biggest 
tournaments held outside the capital city and where other South Asian countries also 
compete, wherein ten other clubs participated; 
The seventh letter stated that the New Road Team ("N.R.T.") was the first runner-up 
at the Tilottama Gold Cup, the most famous tournament in Butwal, wherein seven 
pro- club teams participated; 
The eighth letter indicated that the Nobel Academy secured first position at the lst 
Xavier Inter-College Football Tournament, which is the biggest inter-collegiate 
soccer tournament in Nepal, wherein seven other schools competed; 
The ninth letter stated that the ANFA Academy was presented with first position for 
its participation in the biggest inter-school tournament in Nepal on the occasion of the 
thirtieth birthday of the Late Crown Prince Dipendra Bir Bikram Shah Dev wherein 
nine schools participated; 
The tenth letter stated that the ANFA Academy was presented with second position 
for its participation in the biggest inter-school tournament in Nepal on the occasion of 
the twenty-ninth birthday of the Late Crown Prince Dipendra Bir Bikram Shah Dev 
wherein nine schools participated; 
The eleventh letter indicated that the ANFA Academy was able to secure the first 
runner up position in the Khukuri Cup final round against eleven other teams, and 
that this tournament used to be one of the biggest tournaments in Nepal; 
The twelfth letter stated that the ANFA Academy won first position in the Khukuri 
Cup Football Tournament qualifying round wherein the tournament used to pay the 
highest prize amount in Nepal and the competitors included all the A division clubs 
including the district's team of which there were ten participating teams; 
The thirteenth letter indicated that the ANFA Academy B was the first runner up at 
the ANFA Cup Youth Football Tournament, the biggest inter-school tournament that 
used to be organized in Nepal with eleven participating teams; and 
The fourteenth lktter stated that the ANFA Academy won first place in the Subroto 
Mukherjee Cup Inter-school Football Tournament, the biggest inter-school 
tournament held in New Dehli, India where the winning teams from South Asian 
countries participate. 
On appeal, the petitioner provided a list of all his prizes and awards, and a brief description of them. 
Additionally, he submitted the following new evidence: 
26. A certificate without any translation provided, wherein the only recognizable English word 
on it is "San Miguel;" 
27. A photograph with inscriptions without a translation or a caption; 
28. A certificate awarded to the petitioner for fifth place for participating in Martyr's Memorial 
Everest "A" Division League Football Tournament in 2061; 
29. A certificate for "man of the match" awarded to the petitioner at the King's Cup Football 
Tournament in 2058; 
30. A certificate from MMC presented to the petitioner in 2004 for giving blood; 
3 1. A certificate from Martyr's Memorial League Football Tournament in 2004 for being "man 
of the match;" 
32. An internet printout from www.socceraaenepal.com, which indicated that the petitioner 
scored 4 goals in the Martyr's Memorial League with 23 players in the competition scoring 
the same or better than him, with the highest scorer making 20 goals; 
33. An internet printout from www.indiantzone.com regarding the Subroto Cup, which explained 
that it is a league system tournament for two groups, players under 14 years old and those 
under 17 years old, and that individual players can win "best player" and "most promising 
player;" 
34. Various articles from websites that report on games during various years of the Budda Subba 
Gold Cup Football Tournament; 
35. An article from www.soccera~ene~al.com, entitled "Khukuri Cup to be kicked off from 15 
February 2004, which provided limited information regarding this competition and internet 
printouts from www.chautari.com, a chat forum where the discussion dealt with the Khukuri 
Cup; and 
36. A list of champions from 1972 through 2004 for various competitions taken from 
www.nepalsport.com. 
The director found there was insufficient evidence to meet this criterion, and we agree. There was 
no evidence provided to demonstrate that any prizes won by the petitioner constitute nationally or 
internationally recognized prizes for excellence in the petitioner's field, such as supporting evidence 
showing the prestige associated with receiving the awards or some other evidence consistent with 
national or international acclaim at the very top of the field. The plain language of the regulatory 
criterion at 8 C.F.R. 5 204.5(h)(3)(i) specifically requires that the petitioner's awards be nationally or 
internationally recognized in the field of endeavor and it is his burden to establish every element of this 
criterion. Moreover, the record even lacks general information about the competitions (such as the 
award criteria or the percentage of entrants who earned some type of recognition). The petitioner, in 
response to his RFE, attempted to provide more information regarding the competitions for which he 
participated. However, this information was all provided through letters from one person, Dhirendra 
Pradhan of ANFA. These letters (25a-n) regarding the various competitions were overly broad, and 
failed to offer comparisons between the competitions that the petitioner participated in and other 
competitions in Nepal. For example, items 20i, 20j and 20m all indicate that these competitions are 
the "biggest inter-school" soccer tournaments. This makes it difficult to reconcile the meaning of 
"biggest" without providing an additional quantitative measurement. There was also no evidence 
regarding the types of awards presented at all these competitions, how many awards were presented 
and whether the petitioner won the highest award. For example, he won "man of the match" and 
"high scorer" in different competitions. If each competitor won an award at the competition or more 
important awards were presented at these competitions, these prizes would be insufficient to fulfill 
this requirement. Moreover, it is unclear if some of these awards were awarded to the team as a 
whole, rather than being individually presented to him. Additionally, many of the competitions 
appear to be regional as per the descriptions provided by the ANFA representative, - 
For example, items 20e, 20f and 20g all indicate they are the biggest tournaments in cities within 
Nepal. Moreover, the participating teams, referenced in letters, appear to be mainly 
club teams and all his awards have been awarded at this level. Therefore, no evidence was provided 
to demonstrate that the petitioner won any of these awards while participating at the national level, 
e.g. while playing for the national team of Nepal. Further, item 30 is a certificate from the 
petitioner's team, MMC, for donating blood. This award would also fail to meet this highly 
restrictive criterion. 
Further, the petitioner failed to provide certified translations for the awards or certificates contained in 
items 3,4, 5,9, lO,22,26 and 27 as required by 8 C.F.R. 5 103.2(b)(3). Instead, the translator signed 
the bottom of each translation, and provided one certification that was intended for all the 
translations. As some of these translations appear only to be partial, and not full translations, the 
translations without individual certifications are not reliable. Accordingly, this evidence is not 
probative and will not be accorded any weight in this proceeding. 
In light of the above, the petitioner has not established that he meets this criterion. 
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. 
In order to demonstrate that membership in an association meets this criterion, the petitioner must 
show that the association requires outstanding achievement as an essential condition for admission to 
membership. Membership requirements based on employment or activity in a given field, minimum 
education or experience, standardized test scores, grade point average, recommendations by 
colleagues or current members, or payment of dues, do not satisfy this criterion as such requirements 
do not constitute outstanding achievements. Further, the overall prestige of a given association is 
not determinative; the issue here is membership requirements rather than the association's overall 
reputation. 
The petitioner initially submitted a letter from the President of ANFA, 
 dated 
September 26, 2006, who stated that the petitioner was selected for a "project" within the ANFA, as 
part of the ANFA Academy. The letter described the selection process for this project, as follows: 
The kids under the age of twelve had to undergo a series of tough selection 
procedures conducted through out the world of Nepal by Top International and 
National selectors and coaches. 
In addition, the petitioner provided his membership credentials for the AFC Youth Championship 
Team (valid in 2004), the MMC (two membership cards were provided for this group), the ANFA 
(valid 2062) and the Friends' Club (valid until 2061). The petitioner also submitted identification 
cards which he appears to have used for two tournaments, the AFC U-20 Championship Qualifying 
Group and the San Miguel 2060 "A" Division League Football Tournament. The petitioner also 
submitted a photograph with a handwritten caption that identified the items as "souvenirs" from 
Japan and Vietnam, which had names of organizations on them. 
In response to the RFE, the petitioner submitted another letter from of ANFA. In 
the letter, he stated that the petitioner "was a regular member of the academy run by All Nepal 
Football Association for four years." His letter added that the petitioner "was also the member of the 
squad that won the AFC Youth-19 qualifying round in Bangladesh," and that no other Nepali team 
before had made it to the finals in that tournament. 
On appeal, the petitioner submitted a summary of the requirements for membership in three 
associations in which he claims to be a member, the ANFA, the Friends' Club and MMC, as well as 
a synopsis of the ranking system regarding the ANFA. This information was presented by the 
petitioner and was not accompanied by citations to any authority. Aside fi-om submitting and 
resubmitting reference letters to confirm the petitioner's memberships in these associations as well 
as a few other groups, the petitioner submitted a print-out from the MMC's website which lists the 
petitioner as a player on the team and information regarding the club from Wikipedia. However, 
there are no assurances about the reliability of the content from Wikipedia, as it is an open, user- 
edited internet site.' Reliance, therefore, on Wikipedia is inappropriate. See Badasa v. Mukasey, 540 
F. 3d 909 (8' Cir. 2008). As such, we will not give significant weight to claims for which Wikipedia 
is the only cited source. The petitioner also submitted an internet printout from 
www.nepalsport.com, and highlighted an article by the websites webmaster entitled "MMC needs to 
participate in Asia." The article states that MMC "without a doubt has been Nepal's top football 
club for the last decade." That same article went on to say that the Nepalese teams had not been 
1 
Online content from "Wikipedia" is subject to the following general disclaimer: 
Wikipedia is an online open-content collaborative encyclopedia, that is, a voluntary 
association of individuals and groups working to develop a common resource of human 
knowledge. The structure of the project allows anyone with an Internet connection to alter its 
content. Please be advised that nothing found here has necessarily been reviewed by people 
with the expertise required to provide you with complete, accurate or reliable information. 
See http://en.wikipedia.org/wiki/Wikipedia:Generaldisclaimer, accessed on June 26, 2009 and incorporated 
into the record. 
competitive against other East Asian teams, normally receiving a "massive spanking" and that "with 
the advent of the Champion's League, AFC Cup and AFC President's Cup, a Nepali club would play 
teams of the same level and multiple matches." This article therefore failed to demonstrate that 
MMC requires outstanding achievements of its members, rather it illustrated that club teams, such as 
MMC, were not competitive until new competitions were formed among less-skilled teams. 
In addition, the petitioner provided a printout from the Friends' Club website which described the 
club as a local sports and social club, which does not limit its activities to soccer, and whose "whole 
thrust is to make [a] more empowered and healthy citizen, at least of its locality." This printout 
regarding the Friends' Club failed to include any details regarding its membership requirements or 
how the candidates for membership are judged. However, from the information provided, it appears 
that the scope of the club's members is very broad, not limited to only soccer players, and therefore 
would not require outstanding achievements in soccer nor would its membership base be judged 
solely by recognized national or international experts in soccer. 
The petitioner also submitted information regarding the N.R.T. that failed to provide any information 
regarding the membership requirements or how the candidates for membership were judged. 
Additionally, the only evidence submitted to confirm the petitioner's membership in this 
organization was submitted with regard tb the criterion pursuant to 8 C.F.R. $ 204.5(h)(3)(i) (Item 
25g), and did not directly confirm the petitioner was a member of the squad. 
A web printout from www.nepalsport.com was also provided to confirm the petitioner's membership 
in the Boys Sports Club in March of 2004 and in the Friend's Club in April 2004. Additionally, the 
petitioner provided web articles showing the placements in competitions of the various club teams 
that he played on. However, again, none of this information established the requirements of 
membership for these teams nor the procedures for judging their potential members. The petitioner 
also submitted another undated letter from Dhirendra Pradhan of ANFA, which stated that the 
organization in 1997 "started searching intensely for about 200 young lads less than 12 years of age 
from almost all 75 districts of the country." The letter went on to explain the selection committee 
was comprised of "top football personnel" and listed some of the judges. Additionally, his letter was 
accompanied by a list, without a date or title, which stated that 40 participants were selected of 
10,000. The letter is unclear and does not directly state what team it is referring to, however it 
appears the selections referred to in the letter were made for the ANFA Academy or the FIFA 
project. An article printed from www.nepa1news.com that appears to have come from The 
Kathmandu Post, dated January 6, 2003, similarly indicated that ANFA was going to establish 
academies in 30 districts "which would cater to the needs of some 1,000 young footballers across the 
country." 
 This information appears to be inconsistent. 
 However, even if the petitioner was a 
member of the more selective FIFA project, the petitioner was in the academy when he was under 12 
years old. 
The director found that the evidence submitted failed to demonstrate that the petitioner's 
membership in any of these organizations required "outstanding achievements of their members" or 
that "membership was evaluated by experts at the national or international level." Further, the 
director noted that being a member of a group while still a student has "less evidentiary weight than 
membership in an organization that has competition open to professionals in the field." We agree 
and find that the record lacks evidence (such as membership bylaws or official admission 
requirements) showing that any of the groups require outstanding achievements of its members, as 
judged by recognized national or international experts in the petitioner's field or an allied one. The 
evidence also fails to demonstrate that membership is judged by recognized national or international 
experts in the field. 
As such, the petitioner has not established that he meets this criterion. 
Published material about the alien in professional or major t~ade publications or other 
major media, relating to the alien's work in theJield for which classijication is sought. 
Such evidence shall include the title, date, and author of the material, and any necessary 
translation. 
In general, in order for published material to meet this criterion, it must be primarily about the petitioner 
and, as stated in the regulations, be printed in professional or major trade publications or other major 
media. To qualify as major media, the publication should have significant national or international 
distribution. An alien would not earn acclaim at the national level from a local publication or broadcast, 
or from a publication printed in a language that the vast majority of the country's population cannot 
comprehend. Some newspapers, such as the New York Times, nominally serve a particular locality but 
would qualify as major media because of significant national distribution, unlike small local community 
papers.2 
To fulfill this criterion, the petitioner submitted the following evidence: 
An article from Samacharpatra, entitled "Manag's Birat Toward America," dated December 
23,2005 (date was not in translation), written by Anil Bogate; 
An article from The Rising Nepal, entitled "Birat Morale Booster for Friends," dated October 
8,2005, written by Ritesh Rijal; 
A photograph of the petitioner with his statistics from Khelkudh Maanch Monthly Sport's 
Magazine, untitled, dated May 2005, without an author provided; 
An article taken from www.nepalnews.com which indicates it was printed in The Kathmandu 
Post, entitled "Friends' Club hammer Madhyapur into submission," dated March 5, 2003, 
without an author provided; 
An article from The Rising Nepal (the source was written by hand on the document), entitled 
"Friends' Club crush Sun Moon for Final," dated April 29, 2005, written by "Our 
Correspondent;" 
An article from The Kathmandu Post (the source was written by hand on the document), 
entitled "Manandhar doubles guides ANFA into quarters," undated and without an author, 
2 
 Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, for 
instance, cannot serve to spread an individual's reputation outside of that county. 
Page 11 
which reports the events of the Khukuri Cup Football Finals and only briefly mentions the 
petitioner in a caption under his picture; 
7. An article from Samacharpatra, entitled "Nepal Trying to Create History with High Moral," 
dated September 14,2004 (date was not in translation), written by Ajay Phuyal, about the U- 
20 team generally, which only mentions the petitioners name as a striker; 
8. An article from The Annapurna Post, entitled "Friends Club in Final," dated April 28, 2005, 
without an author listed; 
9. An article from Samacharpatra (the source was written by hand on the document and was 
not translated), entitled "Reliable Striker Birat," undated, written by Ajay Phuyal; 
10. An article from Samaya, entitled "Birat's Journey," dated May 12,2005, without an author; 
11. An article from The Kathmandu Post, entitled "Ghising guides Friends," dated May 1, 2005, 
without an author listed; 
12. An article from The Kathmandu Post, entitled "Nepal Ready for Heavyweights," dated 
September 11, 2004, without an author listed and the copy of the article was difficult to read, 
but it appears to mention the petitioner only to list his name along with his other teammates 
in a caption near his team picture; 
13. An article from The Himalayan Times (the source was written by hand on the document), 
entitled "Friends' win Sun Moon Peace Cup," dated May 1, 2005, without an author, which 
discussed the Sun Moon Peace Cup competition and only briefly mentioned the petitioner; 
14. An article from The Annapurna Post (source was written by hand on the document), entitled 
"Manang Marshyandi Trying to Get Back to their Winning Form," dated June 1, 2005, 
written by Praskah Timalshinha; which only briefly mentions the petitioner; 
15. An article from The Rising Nepal, entitled "MMC, MPC Advance," dated June 20, 2005, 
written by "Our Correspondent," which only briefly mentions the petitioner and his 
contribution to the game; 
16. An article from The Rising Nepal, entitled "Friends Lift Sun Moon Peace Cup," dated May 1, 
2005, written by "Our Correspondent;" 
17. An article from The Himalayan Times, entitled "Friends' Eclipse Sun Moon, Advance to 
Final," dated April 29,2005, without an author listed; 
18. An article from Samacharpatra (name of source not translated and hand written on the 
article), entitled "Friends' in Final with Borat's Hat Trick," dated April 29, 2004 (date not 
translated but just written by hand on the article), without an author listed; 
19. An article fiom The Kathmandu Post (source not on original article, only written by hand at 
the top of the article), entitled "Friends Enter Semis," dated April 26, 2005 (date also only 
written by hand and not on article) and no author given; 
20. An article from The Kathmandu Post (source written on original article by hand), entitled 
"Basanta Makes Merry," dated September 8, 2005 (date written by hand on original article), 
without an author's name provided; 
21. An article from the Hindustan Times, entitled "Goals Galore in Subroto Cup School 
Football," dated November 28, 2001, without an author's name provided; not about the 
petitioner and only briefly mentioning him, misspelling his name; 
22. An article without a source listed, other than being hand written as Bangladeshi Daily Paper, 
entitled, "Nepal Rout Pakistan," without a date or author listed and which only briefly lists 
the petitioner's name as a team member; 
23. An article from The Rising Nepal, entitled "Boys Sports Inflict Big Defeat to Kathmandu," 
undated, written by "Staff Reporter;" 
24. An article without a source listed, entitled "Boys' Sports Club triumph in Battle of 
Minnows," undated, without an author and the article was not about the petitioner; 
25. An article from The Kathmandu Post, entitled "Bhandari Golden Goal Ends RCT Challenge," 
undated and without an author; 
26. An article from The Himalayan Times, entitled "Policemen in Semis, MMC Enter Last 
Eight," undated and without an author provided, which only briefly mentions the petitioner; 
27. An article from The Rising Nepal (source written by hand on original article), entitled "FC 
held, lose vital points," undated, written by a "Staff Reporter;" 
28. An article from The Himalayan Times (source written by hand on original article), entitled 
"Under 20 Team Depart," article so small and blurry that it is not legible so date or author not 
discernable; 
29. An article from The Annapurna Post, dated September 14,2004 (both the date and the source 
are handwritten), article barely legible and not translated, appears to be the exact same article 
as 28 but with a different source written in by hand; 
30. "Articles" from various websites, including www.soccera~en~al.com, 
www.kantipuronline.com, www.b2nepal.com, www.nepalsport.com, as well as what appears 
to be a chat forum, www.chautari.wnso.or~1forums; Not many of the author's names were 
provided, some are not articles but just a listing of statistics and wins, and only one is about 
the petitioner, entitled "Former MMC player Birat Thapa writes his monologue about the 
MMC-TAC Class," dated September 22, 2006. However, half the article is cut off and 
cannot be read and the author is not listed; 
3 1. Information from the Press Council Nepal regarding when various Nepalese Newspapers 
including their categorization (which is not explained) and their year of publication; 
32. Information from www.kantipuronline.com explaining that Kantipur Online is a new venture 
with an "aim to develop a comprehensive online site on Nepal;" 
33. Information regarding various publications in Nepal from the Asian Pacific Media Network, 
which only provides circulation statistics for a few of the publications provided as evidence 
for this criteria. It says the The Kathmandu Post is Nepal's largest selling English daily with 
a circulation of 25,000, and the combined circulation for Gokhapatra and the Himilaya Times 
is 150,000. 
The director requested additional evidence, such as the dates where omitted from articles and other 
identifying materials. In response to the RFE, the petitioner submitted the following documents: 
34. Item 2 was resubmitted; 
35. Item 4 was resubmitted, again without providing an author; 
36. Item 1 I was resubmitted, again without providing an author; 
37. Item 5 was resubmitted with the source, The Rising Nepal, however still failing to provide an 
author aside from stating "Our Correspondent;" 
38. Item 12 was resubmitted but the copy submitted is still barely legible and an author could not 
be identified; 
39. Item 15 was resubmitted, again without providing an author except for "Our Correspondent;" 
Page 13 
40. Item 13 was resubmitted, but this time the source was visible on the document, The 
Himalayan Times, yet still no author provided; 
4 1. Item 16 was resubmitted, again with the author identified only as "Our Correspondent;" 
42. Item 17 resubmitted, again without an author; 
43. Item 2 1 resubmitted, again without an author; 
44. Article described in item 30, "Former MMC player Birat Thapa writes his monologue about 
the MMC-TAC Class," dated September 22, 2006, again without an author listed and with 
part of the page cut off 
45. A letter from of the Karnana Publication House, dated September 4, 2008, 
which produced the Nepal Samacharpatra and others, confirming that the petitioner has 
appeared in its newspapers but gives no information about the circulation of its publications; 
46. A letter from- of Soccer Age Nepal, dated May 13,2008, stated that Soccer 
Age Nepal is the "most read soccer news paper in the country" and confirmed that it had 
- - 
various articles about the petitioner; 
47. A letter hm of News Media Ltd., undated, stated that the petitioner appeared 
in many articles in The Annapurna Post but did not discuss the publication or its importance, 
circulation, etc. in Nepal; and 
48. Items 3 1, 32, and 33 were resubmitted. 
The director found that "although the petitioner was mentioned [in the articles submitted] the 
evidence does not establish that the petitioner was the sole focus of the articles, and does not 
establish that the petitioner's participation in these performances evidence acclaim in the field." On 
appeal, the petitioner submitted the following: 
49. An internet printout from www.kantipuronline.com which indicated the Kantipur Daily was 
the "most widely circulated Nepali Daily Broadsheet with largest readership in Nepal" with 
the daily circulation of 2 10,000; 
50. An internet printout from www.socceragene~al.com which provided no information about its 
circulation; 
51. An internet printout from www.mediaworkasia.com which indicated that the Hindustan 
Times (India) has a total audience of 3,946,000; 
52. An internet printout from www.newsofnepal.com which indicated that circulation for the 
Samacharpatra is 100,000; 60,000 from Kathmandu and 40,000 from Biratnagar; 
53. An internet printout from www.mediaseen.com, stated that the Annapurna Post has a "daily 
circulation of 65,000 copies;" 
54. An internet printout from www.annapurnapost.com, stated that the Himalayan Times has a 
circulation figure of "45,000 reigns" and that the Annapurna Post has a circulation of "76,000 
copies;" 
55. An article with no title except "Birat Thapa," that does not contain a source name, a date or 
an author; 
56. Item 2 was resubmitted; 
57. An article without a translation that has a picture of the petitioner with a caption and 
handwritten on the article it says "Samaya (weekly magazine)" and "May 12,2005;" 
58. Item 12 (38) was resubmitted; 
59. A picture of the petitioner's Under-20 football team with a caption with no indication of the 
source, and without an accompanying article or author or date (other than the one 
handwritten on the page, September 2004); 
60. Item 21 (43) resubmitted, again without an author; 
61. 4 articles without any translations; 
62. An article entitled "Under 20 Team Depart," without a source, date or author, with print so 
blurry that it cannot be read (see items 28 and 29 above); 
63. 5 additional articles without translations; 
64. Item 2 (34) was resubmitted; 
65. 3 additional articles without translations; 
66. Item 12 (38) resubmitted and still difficult to read; and 
67. 2 additional articles without translations. 
This criterion specifically requires a title, date, and author, as well as a translation where necessary, for 
the published materials provided as evidence. The petitioner failed to adhere to these requirements. 
The petitioner failed to include the titles for items 3 and 55, and items 6, 22, 23, 24, 25, 26, 28, 55 and 
62 were all missing dates. Moreover, the petitioner did not provide the name of the author for items 3, 
4,6, 8, 10, 11, 12, 13, 17, 18, 19,21,22,24,25,26,28,44,55 and62. Similarly, initems 5, 15, 16, and 
23, a specific author's name was not submitted, and the only reference to the author was "our 
correspondent" or "our reporter." 
As stated above, a full English language translation that the translator has certified as complete and 
accurate, and the translator's certification that he or she is competent to translate from the foreign 
language into English must be provided for any document containing a foreign language submitted 
to USCIS. 8 C.F.R. $ 103.2(b)(3). However, the petitioner only provided one certification from the 
translator that was supposed to certify all the articles that were not in English. On the bottom of 
each translation provided, the translator signed his or her name. However, each article was not 
certified, meaning that the certifications and translations were not complete for all the articles not 
written in English. Moreover, some of the preceding articles, such as items 1 and 7, appeared to be 
partial translations. In addition, no translations at all were provided for items 57, 61, 63, 65 and 67. 
Moreover, many of the articles submitted by the petitioner were not written primarily about him. In 
large part, the articles were about the soccer games in which the petitioner's teams were participants. 
Often, the petitioner was only briefly mentioned as a team member. The petitioner's name also 
appeared in these articles when he scored goals or was able to otherwise influence the outcome of 
the game. However, his teammates names were mentioned for their contributions in these articles as 
well, and therefore the articles were not written primarily about him. Some examples of these 
articles that only briefly mention the petitioner include items 6, 7, 12, 14, 21, 22, 24, 26 and 30. 
Therefore, these articles fail to conform to the plain language of this regulatory criterion that requires 
the published materials to be "about the alien." 
Finally, the evidence attempting to show that any of the preceding articles submitted by the 
petitioner were printed in professional or major trade publications or some other form of major media 
is also problematic. Many of the articles appear in regional papers rather than nationally or 
internationally circulated publications. Regional coverage or coverage in a publication read by only a 
small ethnic segment of a country's total population is not evidence of national or international 
acclaim. Moreover, item 32 is an internet printout from www.kanti~uronline.com, purporting to 
show that its site can be considered major media. However, the information provided concedes that 
the website is a new venture in its developmental stage, and therefore cannot be considered a 
professional or major trade publication or other major media. Moreover, items 45 and 46 were 
provided in an attempt to demonstrate that the Annapurna Post, Samacharpatra and Soccer Age 
Nepal are widely read or circulated publications or other major media. However, none of these 
letters actually provided specific information regarding these publications, like statistics regarding 
circulation, sales or other objective evidence. 
Similarly, the petitioner failed to provide the source of the article for items 24, 55 and 62. In certain 
instances, e.g. items 5, 6, 9, 14, 19, 20, 24, 27 and 28, the source was either not visible on the 
original document provided (and in most cases was written on the article by hand) or was not 
translated. Therefore, as the petitioner was unable to provide independent evidence indicating a 
source in these examples, he was therefore also unsuccessful in proving such articles were published 
in professional or major trade publications or other major media. 
In light of the above, 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 alliedJield of specfieation for which classiJication is 
sought. 
The regulation at 8 C.F.R. 5 204.5(h)(3) provides that "a petition for an alien of extraordinary ability 
must be accompanied by evidence that the alien has sustained national or international acclaim and 
that his or her achievements have been recognized in the field of expertise." Evidence of the 
petitioner's participation as a judge must be evaluated in terms of these requirements. The weight 
given to evidence submitted to fulfill the criterion at 8 C.F.R. 5 204.5(h)(3)(iv), therefore, depends 
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). For example, judging a national competition for top 
soccer players is of far greater probative value than judging a local competition for youth or novices. 
The petitioner initially provided a letter from , Principal of the Cardinal International 
Boarding High School, dated November 17,2006. The letter indicated that he was offered a job as a 
sports teacher, and in that position he acted as an "astute judge to select talented kids for different 
competitions" and as a result they won many championships. In response to the RFE, the petitioner 
submitted another letter, undated, also from . who noted this time that the petitioner 
"was an outstanding soccer coach and a stellar member of our teaching staff in the year 2005." No 
new evidence relating to this criterion was provided on appeal. 
Page 16 
The director, in his decision, found that judging the work of others is an inherent duty of a coach, 
and is not evidence of national or international acclaim. We agree with the director that the 
petitioner performed as a judge only in his capacity as a teacherlcoach, and therefore failed to 
demonstrate that he has participated as a judge of the work of others in order to fulfill this criterion. 
Further, even if his selection of students for various competitions could be considered 'judging,' the 
record lacks evidence establishing the level of prestige associated with judging the students who 
were chosen for these competitions, their levels of expertise or other evidence that his judging was 
indicative of national or international acclaim as a soccer player or coach. 
In light of the above, the petitioner has not established that he meets this criterion. 
On appeal, counsel argues that the reference letters submitted on the petitioner's behalf are 
comparable evidence of the petitioner's extraordinary ability as a soccer player. The regulation at 
8 C.F.R. 5 204.5(h)(4) allows for the submission of "comparable evidence" only if the ten criteria 
"do not readily apply to the beneficiary's occupation." The regulatory language precludes the 
consideration of comparable evidence in this case, as there is no evidence that eligibility for 
classification as an alien with extraordinary ability as a soccer player cannot be established by the 
ten criteria specified by the regulation at 8 C.F.R. 5 204.5(h)(3). Where an alien is simply unable to 
meet three of the regulatory criteria, the plain language of the regulation at 8 C.F.R. 5 204.5(h)(4) 
does not allow for the submission of comparable evidence. 
There is also no evidence showing that the documentation the petitioner requests re-evaluation of as 
comparable evidence constitutes achievements and recognition consistent with sustained national or 
international acclaim at the very top of his field. While reference letters can provide useful 
information about an alien's qualifications or help in assigning weight to certain evidence, such letters 
are not a substitute for objective evidence of the alien's achievements and recognition as required by the 
statute and regulations. The nonexistence of required evidence creates a presumption of ineligibility. 
8 C.F.R. 103.2(b)(2)(i). Further, the classification sought requires "extensive documentation" of 
sustained national or international acclaim. See section 203(b)(l)(A)(i) of the Act, 8 U.S.C. 5 
1 153(b)(l)(A)(i), and 8 C.F.R. 5 204.5(h)(3). The commentary for the proposed regulations 
implementing the statute provide that the "intent of Congress that a very high standard be set for aliens 
of extraordinary ability is reflected in this regulation by requiring the petitioner to present more 
extensive documentation than that required" for lesser classifications. 56 Fed. Reg. 30703, 30704 (July 
5, 1991). Primary evidence of achievements and recognition is of far greater probative value than the 
opinions of one's acquaintances. Such evidence should be available to someone with sustained 
national or international acclaim who is within the small percentage at the very top of their field of 
endeavor. 
In this case, the petitioner has failed to demonstrate receipt of a major, internationally recognized 
award, or that he meets at least three of the regulatory criteria at 8 C.F.R. 5 204.5(h)(3). 
Review of the record does not establish that the petitioner has distinguished himself 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 is not persuasive that the petitioner's 
achievements set him significantly above almost all others in his field at a national or international 
level. Therefore, the petitioner has not established eligibility pursuant to section 203(b)(l)(A) of the 
Act and the petition may not be approved. 
The AAO maintains plenary power to review each appeal on a de novo basis. 5 U.S.C. 5 557(b) ("On 
appeal from or review of the initial decision, the agency has all the powers which it would have in 
making the initial decision except as it may limit the issues on notice or by rule."); see also Janka v. 
US. Dept. of Transp., NTSB, 925 F.2d 1147, 1149 (9th Cir. 1991). The AAO's de novo authority 
has been long recognized by the federal courts. See, e.g., Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d 
Cir. 1989). 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. 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.