dismissed O-1A Case: Taekwondo

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 04 037 54940 Office: NEBRASKA SERVICE CENTER ~ate:JuN 1 3 2005 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration and 
Nationality Act, 8 U.S .C. 5 1 1 0 1 (a)(15)(0)(i) 
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. 
Administrative Appeals Office 
LIN 04 0375 4940 
Page 2 
DISCUSSION: The nonimmigrant visa was denied by the Director, Nebraska Service Center, and is now 
before the Administrative Appeals on appeal. The appeal will be dismissed. 
The petitioner is a regional consulting providing taekwondo instructors to schools and programs. The 
beneficiary in this matter is a and citizen of the Republic of Korea (South Korea). The 
petitioner seeks 0-1 as an alien with extraordinary ability in athletics under 
section 10l(a)(1 Act), 8 U.S.C. 9 1 101(a)(15)(0)(i), in order 
for a period of three years at an annual salary 
of $36,000. 
The director denied the petition, finding the petitioner failed to establish that the beneficiary is one of the 
small percentage who has risen to the of his field of endeavor. 
On appeal, counsel for the petitioner submits a brief. 
Section 101(a)(15)(0)(i) of the Act to a qualified alien who has extraordinary ability in the 
sciences, arts, education, business, demonstrated by sustained national or international 
acclaim, whose achievements through extensive documentation, and who seeks 
to enter the United States to 
As used in this section, ability" means a level of expertise indicating that the individual is 
one of that small percentage who have the very top of the field of endeavor. 8 C.F.R. 5 214.2(0)(3)(ii). 
The specific requirements for to establish that an alien has sustained national or 
international acclaim and of expertise are set forth in the regulation at 8 C.F.R. 
8 214.12(0)(3)(iii). The below. It should be reiterated, however, that the 
petitioner must show that or international acclaim at the very top level. 
This petition seeks to classify the benefici as an alien with extraordinary ability as a taekwondo master. The 
regulation at 8 C.F.R. 9 214.2(0)(3)(iii) that an alien can establish sustained national or international 
acclaim through evidence of a one-time (that is, a major, internationally recognized award). Barring 
the alien's receipt of such an award, the eight criteria, at least three of which must be satisfied 
for an alien to establish the sustained to qualify as an alien of extraordinary ability. The 
petitioner has submitted evidence that, it criteria.' 
Documentation of the alien's receipt of nati or internationally recognized prizes or awards for excellence 
in thejeld of endeavor. 
For criterion number one, thcpetitioner asse s that the beneficiary satisfies this criterion by virtue of his receipt 
of the following: 
n 
1 The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. 
LIN 04 0375 4940 
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In 2003, the beneficiary won a Gold Medal in the light heavy2 weight forms division at the 12' 
Annual U.S. Open Taekwondo Championship. 
In 2003, the beneficiary placed first in the black belt gyoroogi division at the 11' USNTF 
International Taekwondo Championships held at Triton College, River Grove, Illinois. 
In 2003, the beneficiary received a Presidential Sports Award. 
The beneficiary received a citation fiom the Illinois Korean American Taekwondo Association 
in 2003 for his contribution to the development of the association. 
In recognition of his dedicated services and outstanding contribution to the development of 
taekwondo, the beneficiary received a citation from the World Taekwondo Federation. 
documentary evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. 
Matter of Sofji, 22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 
I&N Dec. 190 (Reg. Comm. 1972)). The director noted that it appears that the awards were obtained in regional 
competitions; and hence, cannot be considered evidence of national or international acclaim. 
In review, the petitioner failed to establish that these are internationally or nationally recognized awards for 
excellence in the field of endeavor. The petitioner failed to provide CIS with sufficient evidence to demonstrate 
the significance of these awards, the reputation of the organizations granting the awards, and the criteria used to 
select the recipient. A plain reading of the Presidential Award indicates that it was granted in recognition of the 
beneficiary's participation in sports. The two citations were awarded to recognize the beneficiary's efforts to 
develop taekwondo. The beneficiary does not 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 internationd experts in 
their disciplines or$elds. 
For criterion number two, the petitioner asserts that the beneficiary's membership in the Kukkiwon Academy of 
Taekwondo, as evidenced by his 4' Dan Black Belt Certificate fiom the Kukkiwon Academy, satisfies this 
criterion. The record contains evidence that the beneficiary earned a 4' Dan black belt in the form of a certificate. 
It does not establish that the Kukkiwon Academy is an association, as required by the regulation. It is further 
noted that the petitioner submitted a letter written by the president of the petitioning organization that states that 
the beneficiary has achieved a 5' Dan black belt. On appeal, counsel for the petitioner mentions the beneficiary 
has a 4' Dan black belt. It is unclear whether the beneficiary has achieved a 5' Dan black belt or a 4' Dan black 
belt. It is incumbent upon the petitioner to resolve any inconsistencies in the record by independent objective 
evidence. Any attempt to..explain or reconcile such inconsistencies will not suffice unless the petitioner 
It is unclear if the beneficiary was in the light or heavy form division. 
. 
LIN 04 0375 4940 
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submits competent objective evidence pointing to where the truth lies. Matter of Ho, 19 I&N Dec. 582, 591- 
92 (BIA 1988). The beneficiary does not satisfy this criterion. Based on the conflicting information, it is not 
possible to determine what level belt the beneficiary holds, if any. 
Evidence of the alien 's participation on apanel, or individually, m a judge of the work of others in the same or in 
an alliedJield of specialization to that for which clmsijcation is sought. 
The petitioner asserts that the beneficiary satisfies this criterion based on his training credentials from the 
Kukkiwon Academy and his training experience. Just doing his job. 
On appeal, counsel for the petitioner cites seven unpublished AAO decisions, stating the decisions are 
distinguishable from the facts in this case. Unpublished decisions 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. 
Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed.