sustained EB-1A Case: Athletics

MATTER OF M-M-E-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 20, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR AL!EN WORKER 
The Petitioner, a coqipetitive swimmer, seeks classification as an individual of extraordinary ability 
in athletics. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ l 153(b)(l )(A). This first preference classification makes immigrant visas available to those 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 Act_ing Director of the Nebraska Service Center denied the Fonn 1-140, Immigrant Petition for 
Alien Worker. She concluded that although the Petitioner satisfied more than three of the regulatory 
criteria and is among the small percentage at the very top of his field of endeavor, he did not 
demonstrate that he will continue to work in his field in the United States and that he will 
substantially benefit prospectively our nation. 
On appeal, the Petitioner submits a brief asserting that he will train and compete in the United States 
. and that his presence will benefit the sport of competitive swimming in this country. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants with extraordinary ability 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 m the area of 
extraordinary ability, and 
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(iii) the alien's entry into the United States will substantially benefit prospectively the 
United States. · 
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Maller qf M-M-E-
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." 8 C.F. R. § 204 .5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification 's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is a major, 
internationally recognized award) . Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C .F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships , and published material in certain media). The regulation at 8 C.F.R. 
§ 204 .5(h)(4) allows a petitioner to submit comparable material if he or she is able to demonstrate 
that the standards at 8 C.F .R. § 204.5(h)(3)(i)-(x) do not readily apply to his or her occupation . 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir . 20 I 0) 
(discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp . 3d 126, 131-32 (D.D.C. 2013) ; Rijal v. USC!S, 772 F. Supp . 2d 1339 
(W.D. Wash. 2011 ). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality ," as well as the principle that we 
examine "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 true. " Matter q{Chawathe , 25 I&N Dec. 369, 376 (AAO 2010). 
In addition, the statute and regulations require that the petitioner seeks to continue work in his area 
of expertise in the United States . See section 203(b)(l)(A)(ii) of the Act; 8 U .S.C. 
§ l 153(b)(l)(A)(ii) ; 8 C.F.R. § 204 .5(h)(5) . Such evidence may include letter(s) from prospective 
employer(s) , evidence of prearranged commitments such as contracts , or a statement from the 
petitioner detailing plans on how he intends to continue his work in the United States . Id .. 
II. ANALYSIS 
At the time of filing, the Petitioner was training at the "for a series 
of elite competitions in the United States and abroad as part of his " 1 As the 
Petitioner has not indicated or established that he has received a major, internationally recognized 
award , he must satisfy at least three of the ten criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x) to meet the 
initial evidentiary requirements . 
1 A letter of support from head coach of the swimming program, explains that "(t]he 
refers to competing in a series of major professional swimming competitions over four years that will 
allow [the Petitioner] to qualify for the 
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Matter ofM-M-E-
A. Evidentiary Criteria 
The Director found that the Petitioner met the awards, membership, published material , and leading 
or critical role criteria under 8 C.F.R. § 204.5(h)(3)(i), (ii), (iii), and (viii) , respectively. His 
documentary evidence indicates that he has won nationally and internationally recognized awards in 
swimming competitions, been a member of teams that require outstanding achievements as 
determined by national experts, received media coverage in his sport, and performed in a critical role 
for teams that have a distinguished reputation. For example, the record shows that the Petitioner 
won gold medals at the 2016 in multiple events. In addition, he 
was a member of the team in 2016 and has garnered media coverage in major 
swimming publications such as Swimming World. Lastly, he has performed in a critical role for 
distinguished organizations such as the men's swim team. Accordingly, the 
record supports the Director's finding that the Petitioner has satisfied at least three of the ten 
regulatory criteria. 
B. Final Merits Determination 
As the record satisfies at least three of the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), we will 
analyze the Petitioner's accomplishments and weigh the totality of the evidence to determine if his 
successes are sufficient to demonstrate that he has extraordinary ability in the field of endeavor. We 
evaluate whether he has demonstrated, by a preponderance of the evidence, that he has sustained 
national or international acclaim and that his achievements have been recognized in the field through 
extensive documentation, making him one of the small percentage who have risen to the very top of 
the field of endeavor . See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also 
Kazarian, 596 F.3d at 1119-20 . In the present matter, the Petitioner has shown his eligibility for this 
classification. 
The Petitioner has competed for 
as a critical member of their swim teams . While competing for these teams, he won 
nationally and internationally recognized competitions such as the 
(2016) and (2016) . At the 2016 
the Petitioner represented Egypt placing 16th and 24th in the 400 and 200 meter freestyle 
events, respectively. More recently, at the 
in (2017), he placed 9th in the 400 meter freestyle . His swimming 
accomplishments have been covered in Swimming World, SwimSwam, Egypt Daily News, Kingfitl, 
and Al-Ahram News. Additionally, the record includes a November 2017 letter from 
Executive Director of the indicating that the Petitioner is currently 
the Egyptian record holder in both the . This evidence sets the 
Petitioner apart through a "career of acclaimed work in the field." See H. Rep. No. 101-723, at 59 
(Sept. 19, 1990). 
In summary, the Petitioner has demonstrated his extraordinary ability as a competitive swimmer . 
The totality of the evidence establishes that he possesses a level of expe.rtise that is consistent with a 
finding that he is one of a small percentage at the very top of the field of endeavor and that he has 
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documented sustained acclaim . See section 203(b)(l)(A) of the Act; 8 C.F.R . § 204.5(h)(2), (3); 
Kazarian, 596 F.3d at 1119-20. See also Matier of Price, 20 l&N Dec. 953, 956 (Assoc. Comm'r 
1994). 
C. Continuing Work in the Area of Extraordinary Abilit/ 
The Petitioner presented a personal statement detailing his plans for work in the United States. He 
states : "I am currently training at the . under . . . . I 
plan to compete in the highest level swimming competitions in the world, such as the 
and " In addition to the aforementioned personal statement 
indicating that the Petitioner "will train and compete in the United States," the record includes two 
letters from asserting that he will continue to train the Petitioner at 
The Petitioner also provided his schedule of competitive swimming events for 2018 and a letter from 
stating : "Our Club·agreed to sponsor [the Petitioner] beginning 1st April 
2017 and ending l st April 2021 for an estimated sum of $50,000 per year." Furthermore, he 
submitted a July 2017 letter from indicating that it "agreed to sponsor 
[the Petitioner] beginning l st April 2017 and ending 1st April 2021 for an estimated sum of $1,000 
per month " in exchange for his service "as the face of The record also 
contains an April 2017 sponsorship agreement with reflecting that this company will 
provide products for his "personal and training use" and compensate him for appearance days at 
promotional events. 
While the Director's decision raised concerns relating to the Petitioner's F-1 student nonimmigrant 
status and questioned whether he would "be employed as a swimmer being his main source of 
income," we find the aforementioned evidence sutlicient to demonstrate that he seeks to continue 
work in his area of expertise in the United States pursuant to the regulation at 8 C.F.R. ~ 204.5(h)(5). 
Accordingly, the Director's determination on this issue is withdrawn . 
D. Substantial Prospective Benefit to the United States 3 
We note that the U.S. Citizenship and Immigration Services Adjudicator's Field Manual (AfM) 
provides the following guidance: 
Section 203(b)(l )(A) of [the Act], which defines an alien of extraordinary ability, also 
requires that the alien's work substantially benefit prospectively the United States. 
Although the regulations do not specifically define this statutory tenn, it has been 
interpreted broadly. See e.g. Matter <f Price, 20 l&N Dec . 953 (Assoc . Comm. 1994) 
2 See section 203(b)( I )(A)(ii) of the Act; 8 C.F.R. § 204 .5(h)(5) . 
3See section 203(b)( I )(A)(iii) of the Act. 
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Matter of M-M-E-
(golfer of beneficiary ' s caliber will substantially benefit prospectively the United 
States given the popularity of the sport) . Whether the petitioner demonstrates that the 
alien's employment meets this requirement requires a fact-dependent assessment of 
the case . There is no standard rule as to what will substantially benefit the United 
States. 
AFM ch. 22.2(i)(I )(B) . 
In his personal statement , the Petitioner explains: "[W]hile I am under a visa or Green Card , I will 
train and compete in the United States, but I will continue to represent Egypt in international 
competitions as mandated by the FINA Rules . When I become a U.S. citizen , 1 would like to 
represent Team USA in swimming." He further states that he "will benefit the United States by 
increasing the level of competitiveness , and thus improving the level of United States swimming" 
and by sharing his experience and knowledge with "American swimmers who will train and compete 
alongside me." 
In support of his statement, the Petitioner provides a letter from a 2016 
gold medalist , asserting : "It is difficult to find challenging training partners that will push my times 
and techniques to the next level. I can count on [the Petitioner] to serve as a reliable and challenging 
training partner." In addition , maintains that "elite international athletes like [the 
Petitioner] make a tremendous difference in our training by helping us stay competitive in the field 
against international opponents ." Similarly, another 2016 gold medalist , 
contends that the Petitioner ' s presence "enhances the level of American swimmers," "offers an 
international perspective to our training ," "makes our training more competitive, and helps 
popularize the sport." 
Furthermore, states that the Petitioner 's "work as a swimmer will benefit swimming in 
the United States because he brings a variety of winning techniques , including his highly-awarded 
and versatile freestyle and butterfly techniques. His presence at swim events raises the level of 
competitiveness and makes American swimmers stronger." Additionally , indicates that 
elite swimmers learn "from training and competing against other elite swimmers " and that "exposure 
to a variety of physical techniques as well as mental strategies " is also important. He further 
explains: "[The Petitioner] provides those tools to American swimmers . [The Petitioner] is one of 
the few top-level international swimmers that is able to provide that level of skill and experience to 
~upport American swimmers, and that is essential to elite-level swim training . ... " 
In denying the petition , the Director noted the Petitioner's statement that "he will continue to 
represent Egypt in international competitions as mandated by the FINA Rules ." In addition , the 
Director pointed to the Petitioner's affiliation with the and their 
sponsorship agreement as his "main source of income while he is currently on an F-1 Student 
Status ." The Director indicated that the Petitioner's benefit to U.S. athletes was "overstated" and 
concluded that the record did not establish "that he will 'substantially ' benefit the United States ." 
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· Maller of M-M-E-
We withdraw the Director's determination on this issue. In addition to the Petitioner's assertion that 
he intends "to represent Team USA in swimming" after becoming a U.S. citizen, the statements from 
and demonstrate his substantial future benefit to the United 
States in competitive swimming . Furthermore, given the popularity of the sport of swimming in this 
country, the record demonstrates that an athlete of the Petitioner's caliber will substantially benefit 
prospectively the United States. See e.g. Maller <~/Price, 20 I&N Dec. at 956 . 
Ill . CONCLUSION 
The Petitioner has established that he meets at least three of the evidcntiary criteria listed at 8 C.F.R. 
~ 204 .S(h)(3)(i)-(x) . He has also demonstrated sustained national and international acclaim and that 
his achievements have been recognized through extensive documentation . Lastly, the Petitioner has 
shown that he intends to continue working in his area of expertise and that he will substantially 
benefit prospectively the United States. He therefore qualifies for classification as an individual of 
extraordinary ability. 
· ORDER: The appeal is sustained. 
Cite as Matter of M-M-E-, ID# 1740178 (AAO Nov . 20, 2018) 
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