sustained EB-1A Case: Wrestling

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pmpa( dearly urmamted 
Onmion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FTLE: -404 
Office: CALIFORNIA SERVICE CENTER Date: NOy 2 1 2005 
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. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
h+ 
sobert P. Wiemann, Director 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 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 1153(b)(l)(A), as an alien of extraordinary ability in 
athletics. The director determined the petitioner had not established the sustained national or international 
acclaim necessary to qualify for classification as an alien of extraordinary ability. 
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). 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 earned sustained national or international acclaim at the very top level. 
This petition, filed on May 14,2003, seeks to classify the petitioner as an alien with extraordinary ability as a 
Greco-Roman Wrestler and Wrestling coach.' 
The regulation at 8 C.F.R. 5 204.5(h)(4) requires the beneficiary to "continue work in the area of expertise." 
While a wrestler and wrestling coach certainly share knowledge of the sport, the two rely on very different 
1 The petitioner submitted evidence showing that he remains active as a competitive wrestler. For example, in January 
2003, the petitioner placed first in the 120 kilogram weight class at the Armenian Greco-Roman Wrestling 
Championship. Further, in response to the director's request for evidence, the petitioner submitted documentation 
indicating that he continues to compete here in the U.S. 
sets of basic skills. Thus, competing and coaching are not the same area of expertise. This interpretation has 
been upheld in Federal Court. In Lee v. Ziglar, 237 F.Supp.2d 914 (N.D.111. 2002), the court stated: 
It is reasonable to interpret continuing to work in one's 'area of extraordinary ability7 as 
working in the same profession in which one has extraordinary ability, not necessarily in any 
profession in that field. For example, Lee's extraordinary ability as a baseball player does not 
imply that he also has extraordinary ability in all positions or professions in the baseball 
industry such as a manager, umpire or coach. 
Id. at 918. The court noted a consistent history in this area. Nevertheless, we acknowledge that there exists a 
nexus between playing and coaching a given sport. To assume that every extraordinary athlete's area of 
expertise includes coaching, however, would be too speculative. To resolve this issue, the following balance 
is appropriate. In a case where an alien has clearly achieved national or international acclaim as an athlete 
and has sustained that acclaim in the field of coaching at a national level, we can consider the totality of the 
evidence as establishing an overall pattern of sustained acclaim and extraordinary ability. Specifically, in 
such a case we will consider the level at which the alien acts as coach. A coach who has a successful history 
of coaching athletes who compete successfully at the national level or above has a credible claim; a coach of 
novices or intermediates does not. 
The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines 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. We find that the petitioner's evidence satisfies the following three criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted evidence showing that he won national Greco-Roman wrestling titles in Annenia in 
1995, 1996, 1998, 1999, 2001, and 2003. The petitioner also submitted evidence showing that he placed second 
at international wrestling tournaments in Kazhakhstan and Iran in 1997, 1999, and 2001.~ 
In addition to satisfying this criterion as a competitive wrestler, the petitioner has also submitted evidence 
showing that he has coached athletes who have won wrestling titles at the national level and above. For example, 
Anatoly Pretosyan of USA Wrestling states: 
In 2003, [the petitioner] was invited to the U.S. by our World Class Athlete Program to train and prepare 
our Greco-Roman wrestlers at the Colorado Springs Olympic Training Center. He helped train our top 
wrestlers to prepare for the World Championship and Olympics. He was the training partner for World and 
Olympic Champions Rulon Gardner and Dremeil Byers, and trained a number of other great U.S. 
2 The record also includes a letter from Anatoly Pretosyan, Greco-Roman Resident Coach, USA Wrestling (the officially 
designated U.S. Olympic and Pan American Sport Organization for the sport of wrestling in the United States), stating that 
the petitioner "placed among the top 8 in the world" at the "1999 World Championships." 
wrestlers. . . . The new techniques and innovative moves that [the petitioner] taught our wrestlers greatly 
improved their performance. 
Rulon Gardner, Greco-Roman wrestling Olympic and World Champion for the U.S., states: 
In 2000, while representing the USA at the Sydney 2000 Summer Olympic Games, I defeated the up to 
then undefeated o capture the Olympic Gold Medal. In 2001 1 defended my Olympic 
Gold medal by capturing the World Gold Medal at the World Championships. 
I have had the opportunity to train with [the petitioner] over the past three years. The first time I met [the 
petitioner] was in 2000 when we trained together for an Olympic qualifying tournament in Colorado 
Springs, Colorado. During this period, [the petitioner] helped me raise my wrestling technique to the level 
that I was confident enough to win the Olympics that year. He showed me new and original techniques 
which greatly assisted me. 
While training with [the petitioner], I have been able to gain an increased skill with my clinch. The manner 
in which [the petitioner] applied and executed the clinch was truly original and unique. I had never seen 
the clinch practiced in the manner [the petitioner] showed me. The clinch was the move that lifted me 
above Karelin. [The petitioner] also showed me several other holds which were innovative, and which I 
had never seen applied in wrestling. . . . Without [the petitioner's] help and the original techniques he 
taught me, I would not have been able to win the Bronze Medal in the 2004 Olympics. 
We find that the evidence submitted by the petitioner is adequate to satisfy this criterion. 
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 orfields. 
The petitioner submitted a May 2003 letter from A. Manukyan, President, Armenian Wrestling Federation, 
who states: "[The petitioner] is a member of Armenian national combined team of Greco-Roman wrestling. 
He is a winner of last Republican championships. He participated in international championships of World 
and Europe and won prizes. He has a right of participating in Olympic Games." 
The petitioner also submitted a comprehensive listing of international wrestlers who qualified for the 2000 
Olympic Games in Sydney, Australia (including the petitioner) and certificates issued by the National 
Olympic Committee of Armenia and the International Olympic Committee confirming the petitioner's 
participation as a member of the Armenian national team. While a team is not an "association," we could 
consider such evidence as comparable pursuant to 8 C.F.R. 5 204.5(h)(4) because membership on an Olympic 
team is the result of multi-level national competition, supervised by national experts. There is undeniable prestige 
in representing one's country at the Olympics. Given the level of accomplishment generally required to secure 
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and maintain a place on a country's Olympic team, it appears reasonable to conclude that it is the functional 
equivalent of an association of the type contemplated in the regulations. We find that the evidence submitted 
by the petitioner is adequate to satisfy this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The petitioner submitted a letter from ad Coach of the U.S. Army's World Class Athlete 
Program, who states: 
In 2003, I was selected to be the head coach for the U.S. World Team, I was also named the head coach for 
the 2004 Olympic wrestling team. 
I met [the petitioner] in 2000 at th Tournament as a coach for the World Class Athlete 
Program (WCAP) Wrestling Team. provides Soldiers-athlete [sic] with high national 
ranking or world class potential with the support and training to compete and succeed in national and 
international competitions to include the Olympic games. Since 1948,415 Army Soldier-athlete [sic] have 
been selected to either an American summer or winter team, earning 102 Olympic medals overall. 
In 2003, in my capacity as Coach of the Army's World Class Athlete Program . . . I invited [the petitioner] 
to the United States to help prepare and train our Greco-Roman wrestlers for the 2003 World 
Championships and 2004 Olympics. 
[The petitioner] made significant and valuable contributions to our program. Over a 13-month amount of 
time he was the our best wrestlers, includin ho has won a World 
Championship an ho has won Olympic Gold championship. Both 
wrestlers went on to considerably improve their skills with [the petitioner's] assistance. [The petitioner] 
also trained many of our other top ranking Greco-Roman wrestlers. 
[The petitioner] helped every wrestler he trained and prepared to substantially improve their techniques and 
skills. 
At the WCAP program, I relied heavily on [the petitioner's] advice and judgment. He frequently judged 
and assessed each wrestler's performance and progress. His evaluation of each wrestling [sic] abilities, his 
analysis . . . of the proper training routine for each athlete, and his judgment regarding each person's 
potential and performance were invaluable to me in selecting the final team members and raising our 
team's overall standards. 
Captain, U.S. Army, World Class Athlete Program, states: 
[The petitioner] has played a leadingland critical role in the U.S. Army's World Class Athlete Program. He 
has trained and prepared some of our greatest wrestlers, such a ... 
[The petitioner] showed our wrestlers new holds and original moves with which they were not familiar, and 
which greatly increased their skills and improved their results. He also introduced innovative substantial 
benefits . . . and we see him as a key and indispensable member of our team. 
The U.S. lags behind Eastern European athletes in Greco-Roman wrestling. Our wrestlers rarely have the 
opportunity to train with a top ranking Greco-Roman wrestlers like [the petitioner] who have the 
knowledge, expertise, and experience to make a significant, favorable, and long lasting impact on our 
wrestlers' skills, development and performances. 
Steve Fraser, National Greco-Roman Coach, USA Wrestling, Colorado Springs, CO, states: 
[The petitioner] came to the USA in February 2003 by invitation of the . . . U.S. Army. He was invited 
with the intent to share his professional experience as a training partner to U.S. wrestling athletes for the 
World and Olympic Games. 
At the 2004 Olympic Games in Athens, ~ree~ewon the bronze medal in Greco-Roman 
wrestling. This is a high achievement for the US Greco-Roman team. [The petitioner] played a role in this 
by being an excellent training partner. Currently [the petitioner] is a training partner and coach to many 
world class wrestlers. 
The preceding letters of support are adequate to demonstrate that the petitioner has performed in a critical role for 
the U.S. Army's WCAP program. 
In this case, the petitioner has satisfied three of the regulatory criteria required for classification as an alien of 
extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, the petitioner 
qualifies for the classification sought. 
In review, while not all of the evidence presented in this matter carries the weight imputed to it by counsel, 
the totality of the evidence establishes an overall pattern of sustained national acclaim and extraordinary 
ability in Greco-Roman wrestling. The petitioner has also established that he seeks to continue working in the 
same field in the United States and that his entry into the United States will substantially benefit prospectively 
the United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
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. 3 1361. The petitioner has sustained that burden. Accordingly, the decision of the director denying 
the petition will be withdrawn and the petition will be approved. 
ORDER: The appeal is sustained and the petition is approved.