dismissed EB-1A Case: Television Journalism

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PWIC COPY: 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: LIN 07 0 13 53605 Office: NEBRASKA SERVICE CENTER 
 JUN 1 8 2008 
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: 
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. 
U 
@ert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 07 013 53605 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) 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. § 1 153(b)(l)(A). The director 
determined the petitioner had not established that he would continue to work in his area of 
extraordinary ability. 
On appeal, the petitioner submits a statement and additional evidence. For the reasons discussed 
below, we uphold the director's concerns. 
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. 
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, 60898-9 (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. § 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. 5 204.5(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. 
LIN 07 013 53605 
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This petition seeks to classi@ the petitioner as an alien with extraordinary ability as a television 
journalist, a position he no longer held as of the date the petition was filed. Rather, he had begun 
working as a columnist. 
The regulation at S C.F.R. tj 204.5(h)(5) provides: 
No offer of employment required. Neither an offer for employment in the United States 
nor a labor certification is required for this classification; however, the petition must be 
accompanied by clear evidence that the alien is coming to the United States to continue 
work in the area of expertise. Such evidence may include letter(s) from prospective 
employer(s), evidence of prearranged commitments such as contracts, or a statement 
from the beneficiary detailing plans on how he or she intends to continue his or her 
work in the United States. 
While the regulation indicates that a statement from the alien detailing plans on how he intends to 
continue in the field is an appropriate piece of evidence, nothng in the regulation suggests that CIS is 
precluded from examining the content of such a statement and considering whether the alien's 
described job prospects are reasonable, especially in occupations that require an employer. The 
petitioner's occupation, broadcast journalism, is a highly competitive field that requires an employer. 
The original submission did not include any evidence relating to the petitioner's continuation of 
employment in broadcast journalism in the United States. On February 1,2007, the director requested 
evidence that the petitioner was coming to the United States to continue work in the area of expertise. 
In response, the petitioner stated: 
If granted the opportunity to work in the United States, I intend to continue my 
profession as a Broadcast Journalist by seeking employment with the various broadcast 
networks in the various states in the U.S. I have attached my resume which I will be 
sending to all possible American or ethnic employers as soon as my petition is 
approved. 
The petitioner then stated that he planned to apply for positions at three specific networks. The director 
concluded that the petitioner's statement was not sufficiently detailed and that he had not submitted 
letters from prospective employers and evidence of prearranged contracts. The director continued: 
Moreover, it is not clear that [the petitioner] could find employment as a TV journalist 
in the United States regardless of his success in his home country. First, there is 
considerable competition for TV journalist positions. More importantly, the evidence 
indicates that while the petitioner has a grasp of international issues his area of expertise 
is commenting on issues of interest to residents of the Philippines which might not be a 
marketable skill outside of that country. 
LIN 07 01 3 53605 
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While the director conceded the possibility that a U.S. television network might consider the petitioner 
for employment to comment on Filipino issues or based on his communication skills, the director 
reiterated that the regulation requires evidence of potential interest where the alien has not submitted a 
detailed statement. 
On appeal, the petitioner asserts that he has made "viable contacts" with prospective employers. He 
then asserts that he "intends to explore various Internship, News Associate, Volunteer and on-the-job 
training programs offered by CNN, ABC, NBC, MSNBC and their affiliates, and other local television 
stations in order to gain the 'American broadcast experience."' The petitioner submitted an eight-step 
"Action Plan" that includes establishing residence in the United States, updating his resume, revising 
his cover letter to indicate that he has received permanent residence, resending his resume, providing 
samples of his work, submitting to an interview, follow up on job applications and enrolling in 
internships or news associate or on-the-job training programs. 
The petitioner also submitted form letters responding to resumes he has already submitted. While the 
responses indicate that the petitioner will be contacted if his qualifications are appropriate or that his 
resume will remain on file for possible matching with open positions, none of the responses reflect that 
anyone has reviewed the petitioner's qualifications and found them appropriate for a position in 
broadcast journalism. The petitioner also submitted correspondence from the Department of Labor in 
Guam. None of this correspondence implies that any employer has expressed an interest in hiring the 
petitioner. 
The only personal response the petitioner received is from GMA Pinoy TV in the United States, which 
advised that no positions were available but that the petitioner's availability had been relayed to the 
appropriate departments. 
The evidence submitted on appeal does not overcome the director's valid concerns that the petitioner 
has not established how his slulls are marketable in the field of broadcast journalism in the United 
States. 
The visa classification sought is an employment-based classification. A petitioner must demonstrate 
not only that the alien will continue in his field of expertise but also that he will substantially benefit the 
United States. 
 Section 203(b)(l)(A)(ii),(iii) of the Act. 
 The requirement that the alien's entry 
substantially benefit prospectively the United States indicates that Congress does not intend for these 
aliens to immigrate to the United States and remain idle. 56 Fed. Reg. 30703,30704 (proposed July 5, 
199l)(enacted 56 Fed. Reg. 60897 (Nov. 29, 1991)). An alien whose skills are not marketable in the 
United States and who must enter the field as an intern or volunteer cannot demonstrate that he meets 
either subparagraph of section 203(b)(l)(A) of the Act. 
The bwden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. 8 1361. Here, the petitioner has not sustained that bwden. Accordingly, the appeal 
will be dismissed. 
LIN 07 013 53605 
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ORDER. The appeal is dismissed.