sustained EB-1A Case: Track And Field Athlete

U.S. Citizenship 
and Immigration 
Services 
In Re: 11271284 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: OCT. 14, 2020 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a track and field athlete, seeks classification as an alien of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(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 Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that he met at least three of the initial evidentiary criteria for this classification . 
The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we conclude that the Petitioner has 
met this burden. Accordingly, we will sustain the appeal. 
I. LAW 
Section 203(b)(l) 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 in the area of 
extraordinary ability, and 
(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 pet1t10ner can demonstrate 
international 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 criteria 
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). 
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. 2010) 
( 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. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
II. ANALYSIS 
The Petitioner is a track and field athlete who,...:c~o:;:;!m;.!!.l;;'.p:!:.et!:!e~s:...,;i~n~m!;.!!.!:e:!;;n~'s~l==,--------.========I 
events. At the time of filing, he was training atl~--------~I Track Club~ 
I I as a member of its International Elite Program. .__ ____ _. 
A. Evidentiary Criteria 
Because 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 alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner claimed to meet four criteria, summarized below: 
• (i), Lesser nationally or internationally recognized prizes or awards; 
• (ii), Membership in associations that require outstanding achievements; 
• (iii), Published material about the alien in professional or major media; and 
• (viii), Leading or critical role for distinguished organizations or establishments. 
The Director concluded that the Petitioner met the criteria relating to prizes and published materials. 
See 8 C.F.R. § 204.5(h)(3)(i) and (iii). The record supports the Director's conclusion that he satisfied 
these criteria. For example, the Petitioner provided evidence that he won the gold medal in thee=] 
I I event at the 201 7 I I Championships and demonstrated that he has received 
widespread national media coverage for his athletic achievements in his home country ofl I 
The Director determined that the Petitioner did not satisfy the criteria relating to memberships in 
associations that require outstanding achievements, and performance in leading or critical roles for 
organizations that have a distinguished reputation. See 8 C.F.R. § 204.5(h)(ii) and (viii). We disagree 
with the Director's determination regarding the membership criterion. The Director rejected the 
Petitioner's initial claim that he meets this criterion based on his membership onl Is 2012 and 
2016 Olympic teams without considering the probative value of evidence submitted in support of these 
claims, noting that "a team is not an association." A given petitioner's membership on a national, or 
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even an Olympic team, will not necessarily or automatically satisfy the membership criterion at 
8 C.F.R. § 204.5(h)(3)(ii). However, the Director should not have summarily rejected the Petitioner's 
claim that his specific team memberships qualified him under the membership criterion. 
Upon de nova review of the Petitioner's evidence submittr in sujport of this criterion, we conclude 
that the Petitioner has established that his membership on 's Olympic teams required him to 
attain outstanding achievements by meeting world-class standards as determined and judged by the 
international experts at the International Association of Athletics Federation (IAAF), now known as 
World Athletics, the international federation of track and field, and approved by the International 
Olympic Committee. Therefore, the Petitioner has established that he meets the membership criterion. 
Accordingly, the record supports the Petitioner's claim that he 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 )(1 )(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 demonstrated his eligibility 
for this classification. 
The record reflects that the Petitioner has represented his native country ofLJ in the men's □ 
I levent at the 2012 London Olympics and 2016 Rio Olympics, and was selected for the 
honor of serving asl Is flag bearer at the opening ceremonies of both events. He has also 
consistently achieved the world-class times required to qualify for the biennial IAAF World 
Championships in 2013, 2015, and 2017, where he has competed in both thel I 
events. The Petitioner was the old medalist in the I I at the 2017 I I 
Championships, the athlete to ever win a medal at the event, and he achieved a 6th 
place finish at the 2015 .__ ___ ____. Games. He has received a total of ten gold, silver, and bronze 
medals in international competition. As a result of his perform~e was rankedc=]in the IAAF' s 
world rankings in early 2019, which placed him among the top[___J of elite athletes competing in the 
men'sl I globally. 
Additionally, the record includes evidence that the Petitioner is currently I ~s national record 
holder in the men's[ I and was also part ofthel I team that holds thel I 
record in the men'sl 1- He has been selected by thd I the 
national federation in his sport, as the senior male athlete of the year for several years, and his athletic 
accomplishments have been covered extensively in I Is national media publications. A 2018 
Pan American World article includes the Petitioner on its list of the I I 
athletes in history, recognizing him as ' This evidence sets the 
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Petitioner apart through a "career of acclaimed work in the field." See H. Rep. No. 101-723, at 59 
(Sept. 19, 1990). 
Based on his accomplishments, the Petitioner was recruited as a member of the 
International Elite Program i~ I Athletes in this USA Track and Field~-a-s-so_c_i-at_e_d_e_h-.te_cl_u_b~ 
program receive corporate sponsorships and other benefits, and membership is limited to those top 
athletes who have qualified for U.S. national championships, U.S. Olympic trials, World 
Championships, and the Olympic Garnes. 
In summary, the Petitioner has demonstrated his extraordinary ability as a competitive track and field 
athlete. The totality of the evidence establishes that he possesses a level of expertise 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 documented sustained national 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 Matter of Price, 20 I&N Dec. 953, 956 
(Assoc. Cornrn'r 1994). 
III. CONCLUSION 
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained 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. 
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