dismissed EB-1A Case: Taekwondo

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PUBLlC COW 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
i. <*.rn 
h. 
FILE: Office: VERMONT SERVICE CENTER Date: MAR 2 5 2000 
EAC 06 093 50371 
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. 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 9 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics. 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, counsel asserts that the petitioner "qualifies for the EB-1 category as an alien of extraordinary abilities 
in Taekwondo. [The petitioner] is truly at the top of his field and he has sustained both national and international 
acclaim that are recognized by experts in his field of Taekwondo." 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Pnority 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 ths 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. 
Citizenship and Immigration Services (CIS) 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. fj 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. fj 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 8, 2006, seeks to classify the petitioner as an alien with extraordinary ability 
as a "Taekwondo Master - School Head Master." The record reflects that the petitioner has worked as an 
instructor at Park's World Champion Taekwondo in Monroe, Connecticut since 2002. Regarding his plans 
for employment in the United States, the petitioner states: 
I will continue my activities with Park's World Champion Taekwondo or any other reputable 
taekwondo school, and will play a vital role as the School Headmaster and Coach for competitions 
and events. 
I will coach and train advanced students for purposes of entering into the more important regional and 
national competitions. 
Evidence submitted with the petition shows that the petitioner won multiple national and international awards 
during the 1990s as a taekwondo competitor in Korea. However, according to Part 3 of the Form 1-140 
petition, letters from the petitioner and his current employer, and other documentation in the record, he is 
seeking work in the United States as a taekwondo coach rather than as a competitive athlete. There is no 
evidence that the petitioner, age 33 at the time of filing, remains active as a taekwondo competitor at the 
national or international level. The statute and regulations require the petitioner's national or international 
acclaim to be sustained and that he seeks to continue work in his area of expertise in the United States. See 
sections 203(b)(l)(A)(i) and (ii) of the Act, 8U.S.C. $5 1153(b)(l)(A)(i) and (ii), and 8 C.F.R. 
$9 204.5(h)(3) and (5). While a taekwondo competitor and a coach certainly share knowledge of the sport, 
the two rely on very different sets of basic skills. Thus, competitive athletics and coaching are not the same 
area of expertise. This interpretation has been upheld in Federal Court. In Lee v. I.N.S., 237 F. Supp. 2d 914 
(N.D. Ill. 2002), the court stated: 
It is reasonable to interpret continuing to work in one's "area of extraordinary ability" as working in 
the same profession in which one has extraordinary ability, not necessarily in any profession in that 
field. For example, Lee's extraordinary ability as a baseball player does not imply that he also has 
extraordinary ability in all positions or professions in the baseball industry such as a manager, umpire 
or coach. 
Id. at 91 8. The court noted a consistent history in this area. In the present matter, there is no evidence that 
the petitioner has sustained national or international acclaim through competitive athletic achievements 
subsequent to the 1990s or that he intends to compete here in the United States. While the petitioner's athletic 
accomplishments as competitor are not completely irrelevant and will be given some consideration, ultimately 
he must satisfy the regulation at 8 C.F.R. fj 204.5(h)(3) through his achievements as a taekwondo instructor 
and coach. 
The regulation at 8 C.F.R. $ 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). On 
appeal, counsel argues that the petitioner's gold medals from the 1 lth Asian Taekwondo Championships 
(1994), 12'~ Asian Games (1994), and 12"' Asian Taekwondo Championships (1996) are "major and 
internationally recognized awards." As discussed previously, there is no evidence that the petitioner has 
successfully competed subsequent to the 1990s or that he intends to compete here in the United States. As 
such, the petitioner's awards demonstrating his past record of athletic success as a competitor cannot serve to 
satisfy the regulation. Nevertheless, we will address the petitioner's claim that the preceding awards qualify 
as major, internationally recognized awards. 
Page 4 
Congress' example of a one-time achievement is a Nobel Prize. See H.R. Rep. 101-723, 59 (Sept. 19, 1990), 
reprinted in 1990 U.S.C.C.A.N. 67 10, 1990 WL 20041 8 at *6739. Given that the House Report specifically 
cited to the Nobel Prize as an example of a one-time achievement, examples of one-time awards which enjoy 
major, international recognition may include the Pulitzer Prize, the Academy Award, and (most relevant for 
athletics) an Olympic medal. The regulation is consistent with this legislative history, stating that a one-time 
achievement must be a major, internationally recognized award. 8 C.F.R. 9 204.5(h)(3). Significantly, even a 
lesser internationally recognized award could serve to meet only one of the ten regulatory criteria, of which an 
alien must meet at least three. 8 C.F.R. 5 204,5(h)(3)(i). The selection of Nobel Laureates, the example provided 
by Congress, is reported in the top media internationally regardless of the nationality of the awardees, is a familiar 
name to the public at large, and includes a large cash prize. While an internationally recognized award could 
conceivably constitute a one-time achievement without meeting all of those elements, it is clear from the example 
provided by Congress that the award must be global in scope and internationally recognized in the alien's field as 
one of the top awards in that field. 
On appeal, the petitioner submits results printed from the Asian Taekwondo Union's internet site for the 11"' 
and 12'~ Asian Taekwondo Championships reflecting that there were "20" participating Asian nations in the 
competition. However, a July 25, 1995 press release submitted by the petitioner "[flrom the Office of the 
Minister for Sport, Recreation and Racing" (Australia) states that "33 Asian nations" were to participate in the 
12'~ Asian Taekwondo Championships. It is incumbent upon the petitioner to resolve any inconsistencies in 
the record by independent objective evidence. Any attempt to explain or reconcile such inconsistencies will 
not suffice unless the petitioner submits competent objective evidence pointing to where the truth lies. Matter 
of Ho, 19 I&N Dec. 582,591-92 (BIA 1988). 
The petitioner also submits general information regarding the Asian Games. This information indicates the 
12'~ Asian Games had "42" participating nations and that it "is a multi-sport event held every four years 
among athletes from all over Asia." 
With regard to the petitioner's medals from the Asian Games and the Asian Taekwondo Championships, the 
evidence of record is not sufficient to demonstrate that they qualify as major, internationally recognized 
awards. Clearly an award with a geographically restricted pool of competitors cannot serve as a major, 
international award on the level of an Olympic medal or a comparable major, internationally recognized 
award (such as a gold medal from the World Taekwondo Championships). As the plain language of the 
regulation at 8 C.F.R. tj 204.5(h)(3) qualifies the phrase "international recognized award" with the limitation 
"major," we cannot conclude that the petitioner's involvement in a regional international competition limited 
to only Asian nations satisfies the regulation. While we accept that the petitioner's receipt of gold medals at 
the llth and 12'~ Asian Taekwondo Championships and the 12'~ Asian Games is evidence of lesser 
international competitive recognition in his sport, the petitioner has not established that his receipt of gold 
medals at these competitions is evidence of "major, international" recognition as required by the regulation. 
For example, there is no evidence that taekwondo medalists from the aforementioned competitions received 
significant international media attention in the general or martial arts sports media of multiple countries 
worldwide.