sustained EB-1A Case: Ice Skating

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U.S. Departmet~t of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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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. 3 1153(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. 
u 
sobert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa 
petition, which 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 "alien of extraordinary ability" in the arts pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 153(b)(l)(A). The director 
determined the petitioner had not established the requisite national or international acclaim. 
On appeal, counsel submits a brief. For the reasons discussed below, we find that the petitioner is 
eligible for the benefit sought. 
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 to the United States will substantially benefit 
prospectively the United States. 
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). 
An alien, or any person on behalf of the alien, may file for classification under section 203(b)(l)(A) of 
the Act as an alien of extraordinary ability in science, the arts, education, business, or athletics. Neither 
an offer of employment nor a labor certification is required for this classification. 
The specific requirements for supporting documents to establish that an alien has achieved sustained 
national or international acclaim are set forth in regulations at 8 C.F.R. 5 204.5(h)(3). The relevant 
criteria will be discussed below. 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 petitioner as an alien with extraordinary ability as a "featured solo ice 
skater principal performer." The regulation at 8 C.F.R. 9 204.5(h)(3) presents ten criteria for 
establishing sustained national or international acclaim, and requires that an alien must meet at least 
three of those criteria unless the alien has received a major, internationally recognized award. 
The director concluded that the petitioner had performed in a leading or critical role for an organization 
or establishment with a distinguished reputation pursuant to the regulation at 8 C.F.R. 
4 204.5(h)(3)(viii). Specifically, the petitioner continues to perform in primary roles for Disney on Ice, 
such as Snow White in their Princess Classics. Significantly, the petitioner meets this criterion with 
current evidence consistent with sustained acclaim. 
We find that the petitioner meets an additional two criteria as follows. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
In addition to national and international youth awards, the petitioner won first place in the Cup of the 
Republic of Belarus. A letter from the Deputy Minister of Sport and Tourism for the Republic of 
Belarus asserts that the petitioner was a three-time national champion in Belarus figure skating. The 
director concluded that the petitioner did not meet this criterion, as the awards were fiom several years 
prior to the filing of the petition and the petitioner no longer competed. On appeal, counsel notes that 
while the petitioner no longer competes, she continues to skate in top ice shows. 
We concur with counsel. While the petitioner must demonstrate sustained acclaim as of the date of 
filing, that standard does not mean that we will not consider accomplishments that predate the filing of 
the petition by several years when the petitioner is able to demonstrate that she has sustained that 
acclaim with evidence relating to other criteria. In this matter, as stated above, the petitioner continues 
to perform a leading or critical role for an organization with a distinguished reputation, Disney on Ice. 
Evidence of the display of the alien's work in the field at artistic exhibitions or showcases. 
The director considered only the petitioner's performances with Disney on Ice and concluded that they 
could not serve to meet this criterion. We concur with this conclusion. It is inherent to the occupation 
of performing artist to perform, not every performance is an artistic exhibition designed to showcase the 
work of the performers. That said, the petitioner also toured with the Byelorussian Ice Circus 
Extravaganza that featured Moscow circus performers and five skating champions. Such tours of 
championship skaters are designed to showcase the work of the skaters. Thus, we are satisfied that the 
petitioner meets this criterion. 
In review, while not all of the petitioner's evidence carries the weight imputed to it by counsel, the 
petitioner has established that she has been recognized as an alien of extraordinary ability who has 
achieved sustained national acclaim and whose 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 
benefits sought under section 203 of the Act. 
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.