sustained EB-1A Case: Chess

identifying data cle!ered to 
prevent clearly unwarranted 
invasion of personal privacy 
US. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
OSJice ofAdministrative Appeals MS 2090 
Washington. DC 20529-2090 
- 
U.S. Citizenship 
and Immigration 
Services 
PUBLIC COPY 
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. § 1 1 53(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). 
cting Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be 
sustained and the petition will be approved. 
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. 5 11 53(b)(l)(A), as an alien of extraordinary 
ability. The director determined that the petitioner had not established the sustained national or 
international acclaim required for classification as an alien of extraordinary ability. 
On appeal, the petitioner submits a statement. For the reasons discussed below, we are satisfied that the 
petitioner enjoys sustained national acclaim in his field. 
Section 203(b) of the Act states, in pertinent part: 
(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 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. 5 204.5(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. 
This petition, filed on May 21, 2007, seeks to classify the petitioner as an alien with extraordinary 
ability as a chess player. 
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, internationally 
recognized award). Congress' example of a one-time achievement is a Nobel Prize. H.R. Rpt. 101-723, 
59 (Sept. 19, 1990). 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. § 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. § 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 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 
internationally recognized in the alien's field as one of the top awards in that field. Thus, counsel's 
assertion that the petitioner's grandmaster title constitutes a one-time achievement is not persuasive as 
the plain wording of the regulation clearly defines such an achievement as a major, internationally 
recognized award. Nevertheless, this title is certainly consistent with sustained national or international 
acclaim. 
Barring the alien's receipt of such an award, the regulation outlines the following ten criteria, 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. 
(i) Documentation of the alien's receipt of lesser nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(ii) Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields; 
(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 hgh 
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. 
The petitioner submitted supporting evidence including his impressive national and world chess 
rankings, his international grandmaster title, material regarding the significance of this title, evidence of 
membership in associations, several notable news articles and tournament results, including award 
certificates. This evidence strongly su~ports the letters from highly distinguished members of the field, 
- - w 
including International ho characterizes the petitioner's recent two and a 
half point lead over other Grand Masters "just phenomenal" and "rare in International Grand Master 
level chess tournaments." 
Not all of the petitioner's evidence carries the weight imputed to it by counsel. Moreover, the 
commentary at 56 Fed. Reg. 60899 (Nov. 29, 1991) states: 
The Service disagrees that all athletes performing at the major league level should 
automatically meet the "extraordinary ability" standard. . . . A blanket rule for all major 
league athletes would contravene Congress' intent to reserve this category to "that small 
percentage of individuals who have risen to the very top of their field of endeavor." 
Nevertheless, consistent with Matter of Price, 20 I&N Dec. 953 (Act. Assoc. Comm'r. 1994), we find 
the evidence of record sufficient to establish that the petitioner has demonstrated his eligibility for the 
classification sought. Specifically, upon careful review of the record, it is concluded that the petitioner 
has demonstrated by a preponderance of the evidence that he is within the small percentage of 
individuals who have risen to the very top of the field of chess. The evidence submitted establishes that 
the petitioner has sustained national or international acclaim and that his achievements have been 
recognized in the field of chess. As a result, the petitioner qualifies as an alien of extraordinary ability. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. 5 1361. The petitioner has sustained that burden. 
ORDER: 
 The decision of the director is withdrawn. The appeal is sustained and the petition is 
approved.