sustained EB-1A Case: Athletics

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JAN 2 8 2015 Office: TEXAS SERVICE CENTER FILE: 
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: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
��/;, . 
Ron se�berg 
r Chie , Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The 
petitioner subsequently filed a motion to reopen and reconsider, which the director dismissed. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. We will sustain the 
appeal. 
The petitioner seeks classification as an "alien of extraordinary ability" in athletics, pursuant to 
section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(A), 
which makes visas available to aliens who can demonstrate their extraordinary ability through 
sustained national or international acclaim and whose achievements have been recognized in their 
field through extensive documentation. The director determined that the petitioner had not satisfied 
the initial evidence requirements set forth at 8 C. F.R § 204.5(h)(3), which requires documentation of 
a one-time achievement or evidence that meets at least three of the ten regulatory criteria. 
On appeal, the petitioner submits a brief. The petitioner asserts that she meets the regulatory criteria 
for classification as an alien of extraordinary ability. For the reasons discussed below, we find that the 
petitioner meets the statutory and regulatory requirements for the classification sought. 
I. LAW 
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 H.R. 723 101 51 Cong., 2d Sess. 59 
(1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991 ). The term "extraordinary ability" refers only to 
those individuals in that small percentage who have risen to the very top of the field of endeavor. /d.; 
8 C.F.R. § 204.5(h)(2). 
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The regulation at 8 C.F.R. § 204.5(h)(3) requires that the petitioner demonstrate the alien's sustained 
acclaim and the recognition of his or her achievements in the field. Such acclaim must be established 
either through evidence of a one-time achievement (that is, a major, internationally recognized award) 
or through the submission of qualifying evidence under at least three of the ten categories of evidence 
listed at 8 C.F. R. § 204.5(h) (3)(i)- (x). 
The submission of evidence relating to at least three criteria does not, in and of itself, establish 
eligibility for this classification. See Kazarian v. USCIS, 596 F.3d 1115 (91h Cir. 2010) (discussing a 
two-part review where the evidence is first counted and then, if satisfying the required number of 
criteria, considered in the context of a final merits determination). See also Rijal v. USCIS, 772 
F.Supp.2d 1339 (W.D. Wash. 2011) (affirming USCIS' proper application of Kazarian), aff'd, 683 
F.3d. 1030 (91h Cir. 2012); Visinscaia v. Beers, 4 F. Supp.3d 126, 131-32 (D.D.C. 2013) (finding that 
USCIS appropriately applied the two-step review); Matter of Chawathe, 25 I&N Dec. 369, 376 
(AAO 201 0) (holding that the "truth is to be determined not by the quantity of evidence alone but by 
its quality" and that USCIS examines "each piece of evidence for relevance, probative value, and 
credibility, both individually and within the context of the totality of the evidence, to determine 
whether the fact to be proven is probably tr ue"). 
II. ANALYSIS 
A. Evidentiary Criteria 
The Form I-140, Immigrant Petition for Alien Worker, was filed on September 6, 2013. The 
petitioner seeks classification as an alien with extraordinary ability as a competitive runner in track 
and field events. The director determined that the petitioner had met the categories of evidence at 
§ 204.5(h)(3)(i) and (iii). In addition, we find that the petitioner's evidence meets the additional 
category of evidence at 8 C.F. R. § 204.5(h)(3)(ii). Specifically, the petitioner submitted 
documentation of her membership on the _ teams representing 
in . Accordingly, the petitioner has submitted the requisite initial 
evidence, in this case, evidence that satisfies three of the ten regulatory criteria. 
B. Final Merits Determination 
We will next conduct a final merits determination that considers all of the evidence in the context of 
whether or not the petitioner has demonstrated: (1) a "level of expertise indicating that the individual is 
one of that small percentage who have risen to the very top of the[ir] field of endeavor," 8 C.F. R. 
§ 204.5(h)(2); and (2) "that the alien has sustained national or international acclaim and that his or her 
achievements have been recognized in the field of expertise." Section 203(b)(1)(A) of the Act; 8 C.F. R. 
§ 204.5(h)(3). See also Kazarian, 596 F.3d at 1119-20. 
In the present matter, the petitioner has submitted extensive documentation of her achievements as a 
competitive runner and has demonstrated a "career of acclaimed work in the field" as contemplated by 
Congress. H. R. Rep. No. 101-723, 59 (Sept. 19, 1990). The submitted evidence, in the aggregate, is 
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sufficient to demonstrate the petitioner's sustained national and international acclaim as an athlete 
and that her achievements have been recognized in the field of expertise. In addition, the submitted 
documentation shows that the petitioner is among that small percentage who has risen to the very top 
of the field of endeavor. For example, the petitioner submitted medals and event results 
demonstrating that she received nationally and internationally recognized awards as a competitive 
runner. The petitioner also submitted evidence showing that she competed at the m 
and placed fourth as a member of team. The 
petitioner's college coach, , Head Track and Field Coach at the 
at , summarized her athletic accomplishments: 
[The petitioner 1 was a member of the In 2009 she 
ran in [ � 
. . team in that qualified for finals and 
placed 61 overall. [The petitioner] reached a semifinal stage in women's 
, South Korea. In 
ran 3rd leg fo; 
. 
that placed 4 1h overall with a new 
record time. [The petitioner] has also medaled multiple times in 
her career as a sprinter. 
Furthermore, the petitioner submitted a letter from the Secretary General of the 
rthe petitioner] 
national 
during 
stating that the petitioner has been shortlisted as one of athletes for the 
in Brazil. In light of the evidence discussed above and other corroborating evidence of 
record, the petitioner's achievements in the aggregate are commensurate with sustained national and 
international acclaim at the very top of her field. Lastly, our finding of eligibility in this matter is 
consistent with Matter of Price, 20 I&N Dec. 953, 955 (Assoc. Comm'r 1994). 
III. CONCLUSION 
In review, the petitioner has submitted evidence qualifying under at least three of the ten categories 
of evidence and established a "level of expertise indicating that the individual is one of that small 
percentage who have risen to the very top of the[ir] field of endeavor" and "sustained national or 
international acclaim." Her achievements have been recognized in her field of expertise. The 
petitioner has established that she seeks to continue working in the same field in the United States. 
The petitioner has established that her entry into the United States will substantially benefit 
prospectively the United States. Therefore, the petitioner has established eligibility for the benefit 
sought under section 203 of the Act. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has been met. 
ORDER: The appeal is sustained and the petition is approved.