sustained EB-1A Case: Sailing Coach

Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF R-J-A-F- DATE: SEPT. 7, 2016 
APPEAL OF TEXAS SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a sailing coach, seeks classification as an individual of extraordinary ability in 
athletics. See Immigration and Nationality Act (the Act) section 203(b)(1)(A), 8 U.S.C. 
§ 1153(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 Director of the Texas Service Center denied the petition, concluding the Petitioner had satisfied 
only two of the regulatory criteria, of which he must meet at least three. 
The matter is now before us on appeal. In his appeal, the Petitioner submits a brief stating that he 
meets at least one additional. criterion. 
Upon de novo review, we will sustain the appeal. 
I. LAW 
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 
(b)(6)
Matter of R-J-A-F-
(iii) the alien's entry into the United States will substantially benefit 
prospectively the United States. 
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 a multi-part analysis. First, a petitioner can demonstrate 
sustained acclaim and the recognition of his or her achievements in the field through a one-time 
achievement (that is, a major, internationally recognized award). If that petitioner does not submit 
this evidence, then he or she must provide sufficient qualifying documentation that meets at least 
three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i)- (x) (including items such as awards, 
published material in certain media, and scholarly articles). 
Satisfaction of at least three criteria, however, does not, in and of itself, establish eligibility for this 
classification. See Kazarian v. USC IS, 596 F .3d 1115 (9th Cir. 201 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. USCJS, 772 F. Supp. 2d 1339 (W.D. Wash. 2011), aff'd, 683 
F.3d. 1030 (9th Cir. 2012); Matter ofChawathe, 25 I&N Dec. 369, 376 (AAO 2010) (holding that 
the "truth is to be determined not by the quantity of evidence alone but by its quality" and that U.S. 
Citizenship and Immigration Services (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 true"). Accordingly, where a 
petitioner submits qualifYing evidence under at least three criteria, we will determine whether the 
totality of 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. 
II. ANALYSIS 
The Petitioner serves as coach of the The Director found that 
the Petitioner met the published material criterion under 8 C.F.R. § 204.5(h)(3)(iii) and the leading 
or critical role criterion under 8 C.F.R. § 204.5(h)(3)(viii) but had not satisfied any of the other 
criteria at 8 C.F.R. § 204.5(h)(3). On appeal, the Petitioner establishes that he meets the membership 
criterion under 8 C.F.R. § 204.5(h)(3)(ii). For the reasons discussed below, the record supports a 
finding that the Petitioner meets the plain language requirements of at least three criteria. 
A. Evidentiary Criteria 
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. 8 C.F.R. § 204.5(h)(3)(ii). 
' 
The record of proceedings reflects that the Petitioner is a member of the · 
~----
1 
The Petitioner submitted a letter from General Secretary for the 
2 
(b)(6)
Matter of R-J-A-F-
who explains that it is the national governing body for the 
sport of sailing under the In addition, membership with the national 
team, as approved by requires: (1) active coaching or athletic status; (2) unanimous approval 
by the board, which consists of knowledgeable experts based on prior athletic involvement or 
judging experience; (3) national ranking in the top three for a coach; and (4) other considerations 
such as experience and recognition. Further, notes that the Petitioner received 
membership based on unanimous approval of the as he had the ranking 
in Venezuela as a sailing coach. 
Given the above information, the Petitioner has shown that his membership with the 
requires outstanding achievements, as judged by national experts in sailing. 
Accordingly, the Petitioner has established that he meets this regulatory criterion. 
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 ofthe material, and any necessary translation. 8 C.F.R. 
§ 204.5(h)(3)(iii). 
The Director concluded that the Petitioner meets this criterion based on a submitted article from the 
newspaper that discusses his training and coaching of Venezuelan sailors. In addition, 
the article talks about the Petitioner's plans for his sailors to compete at the 
and qualify at the The record supports the Director's finding on this 
ISSUe. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 8 C.F.R. § 204.5(h)(3)(viii). 
The Director determined that the Petitioner performed in a leading or critical role as one of the head 
coaches for the which has a distinguished reputation. The 
Petitioner documented his role as a coach of several athletes who qualified for the 2016 
and the 2015 while under his tutelage. Based on a review of the record of 
proceedings, we concur with the Director's finding that the Petitioner meets this criterion. 
B. Summary 
As explained above, the Petitioner satisfied three of the regulatory criteria. As a result, the Petitioner 
has submitted the required initial evidence of either a one-time achievement or documents that meet 
at least three ofthe ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
C. Final Merits Determination 
The next step is a final merits determination that considers all evidence in the context of whether or 
not the Petitioner has shown a level of expertise indicating that he or she is one of that small 
3 
(b)(6)
Matter of R-J-A-F-
percentage who has risen to the very top of the field of endeavor demonstrated by sustained national 
or international acclaim and achievements that have been recognized in the field through extensive 
documentation. Section 203(b)(l)(A) of the Act; 8 C.P.R. § 204.5(h)(2). See also Kazarian, 596 
F .3d at 1119-20. 
The Petitioner has documented his coaching experience since 2008 and the record reflects he has 
served as the coach of the In that capacity, the Petitioner has 
been selected to represent Venezuela at international competitions due to his ranking as 
a coach for multiple years. According to the previously discussed letter by the 
only selects the top ranked coaches to represent Venezuela at international competitions. 
Although the Petitioner provided a single article from that reflected an in-depth interview 
and discussion of the Petitioner's coaching experience, he also submitted other articles that 
confirmed his role and importance to the For instance, an 
article indicated that "Vargas State [Venezuela] demonstrated its high competitive level 
guided by coach [the Petitioner], who returned last week from Brazil where he 
accompanied the 
The record of proceedings also reflects that the Petitioner's athletes achieved success in various 
tournaments and competitions under his tutelage: 
Bronze Medal 2014 I 
Bronze Medal 2014 I 
Gold Medal 2010 I 
Gold Medal 2010 I 
--------------
Gold Medal 2015 I 
/ 
Gold Medal 2015 II Silver Medal 2015 
Gold Medal 2014 r--· 
Gold Medal. 2014 I 
Gold Medal 2013 I . 
Bronze Medal 2013 I ..... - · 
Gold Medal 2014 I 
Gold Medal 2014 L _______ 
Silver Medal 2014 
4 
(b)(6)
Matter of R-J-A-F~ 
Bronze Medal 2014 I 
Bronze Medal 2014 I 
Two Silver Medals 2013 I 
Silver Medal 2010 I 
Most recently and of noteworthy significance, qualified for the 2016 
this past January. The record includes articles that celebrated the sailor's recent 
accomplishment and credited the Petitioner as his coach. In addition, the Petitioner submitted two 
awards from the and acknowledging the 
Petitioner's coaching achievement in qualifying a sailor for the 2016 Moreover, the 
record of proceedings shows that and qualified for the 2015 
The Petitioner demonstrated his extraordinary ability as a sailing coach. The totalitY of the evidence 
establishes that the Petitioner enjoys a level of expertise that is consistent with a finding that he is 
one of a small percentage who has risen to the very top of the field of endeavor. In addition, the 
Petitioner has documented sustained national acclaim. See § 203(b)(l)(A) of the Act; 8 C.F.R. §§ 
204.5(h)(2), (3); see also Kazarian, 596 F.3d at 1119-20. 
III. CONCLUSION 
The Petitioner submitted the requisite initial evidence and demonstrated his extraordinary ability 
when 
considered in a final merits determination. Section 203(b)(1)(A)(i) of the Act. It is the 
Petitioner's burden to establish eligibility for the immigration benefit sought. 
§ 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, the 
Petitioner has met that burden. , 
ORDER: The appeal is sustained. 
Cite as Matter of R-J-A-F-, ID# 10141 (AAO Sept. 7, 2016) 
5