remanded EB-1A Case: Boxing

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: - office: VERMONT SERVICE CENTER Date: hpR 1 8 2005 
EAC 03 052 50644 
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. 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 
theeffice that originally decided your case. Any further inquiry must be made to that office. 
iii, 
, ru Robert P. Wiemafin, Director 
' , Administrative Appeals Office 
J 
(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. 
This petition seeks to classify the beneficiary as an alien with extraordinary ability as a boxer. The regulation at 
8 C.F.R. fj 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 ten criteria, quoted above, 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. 
Initially, the petitioner submitted substantial documentation, including reference letters, awards, newspaper 
articles, and certificates of appointment. 
On January 15, 2003, the director advised the petitioner of the ten criteria and requested evidence that the 
beneficiary meets at least three of those criteria. The director made no reference to the materials already 
submitted and did not identify any specific deficiency or request any clarification. The petitioner's response to 
this unhelpful request was, unsurprisingly, minimal. As stated above, the director concluded that the petitioner 
had not submitted any evidence that addresses the above criteria. This conclusion ignores the documentation 
submitted initially and constitutes reversible error. 
The director dismissed the petitioner's 2001 World Championship Gold Medal because the petitioner won this 
medal at an amateur competition. One hundred twenty five boxers from 33 countries competed at this event. 
The director did not consider the petitioner's Gold Medal at the Asian Women's Boxing Championship in 2001, 
her first place finish at the National Women's Boxing Invitation Competition of the 1999 Fulande Cup or her 
first place finish at the Women's Boxing Invitation Competition of the 1997 Pacific Insurance Cup. We note 
that amateurs compete at the Olympics. As such, we are not persuaded by the director's dismissal of the 
petitioner's awards based solely on the fact that amateurs competed. 
The director's conclusion that the petitioner did not submit evidence relating to the above criteria ignores the 
certificate from the Committee of Physical Culture and Sports conferring the title of Second Degree Referee in 
Boxing, the petitioner's memberslq in the International Women's Boxing Federation (IWBF) and the numerous 
newspaper articles in the record. Most notable of the articles is a lengthy article solely about the petitioner and 
her boxing career published in the China Sports Daily, alleged to circulate throughout China. 
Therefore, this matter will be remanded for consideration of all the evidence submitted. The director may want 
to consider whether there is any evidence that the petitioner actually served as a referee after being certified as 
one, whether the petitioner has established that IWBF requires outstanding achievements of its members, 
whether the petitioner has submitted certz9ed translations as required by the regulation at 8 C.F.R. 5 103.2(b)(3) 
and whether the petitioner has established the national circulation of the publications that have covered her. 
Any request for additional evidence should advise the petitioner of any specific deficiencies. As always in these 
proceedings, the burden of proof rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 1361. 
ORDER: The director's decision is withdrawn. The petition is remanded to the director for further action 
in accordance with the foregoing and entry of a new decision which, if adverse to the petitioner, 
is to be certified to the Administrative Appeals Office for review.