dismissed O-1A Case: Taekwondo

U.S. Department of Homeland Security 
U.S. C~t~zensh~p and Immlgratlon Services 
. identi%ing 4ata deleted to 
 Office of Adminrstrative Appeals, MS 2090 
Washington, DC 20529-2090 
pr(7 -i I' :leu -iy unwarranted 
inva~or~ ~r'pzrsonal privac) 
 U. S. Citizenship 
and Immigration 
FILE: EAC 06 036 53088 Office: VERMONT SERVICE CENTER Date: 
 SEP 0 4 2009 
PETITION: 
 Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration and 
Nationality Act, 8 U.S.C. § 1 101 (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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 9 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 8 103.5(a)(l)(i). 
John F. Grissom 
Acting Chief, Administrative Appeals Office 
EAC 06 036 53088 
Page 2 
DISCUSSION: The Director, Vermont Service Center initially approved the nonirnrnigrant visa petition. The 
director subsequently issued a notice of intent to revoke, and upon review of the petitioner's response, revoked 
approval of the petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be dismissed. 
The petitioner, a Taekwondo school, filed this petition seeking to classify the beneficiary as an 0-1 nonimmigrant 
pursuant to section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), as an alien with 
extraordinary ability in athletics. The petitioner seeks to employ the beneficiary in the position of Taekwondo 
Master for a period of three years. 
The director approved the petition on November 22,2005, granting the beneficiary 0-1 classification for a three- 
year period commencing on December 15, 2005. On March 1, 2007, the director issued a notice of intent to 
revoke the petition approval pursuant to 8 C.F.R. 5 214.2(0)(8)(iii). Specifically, the director observed that the 
evidence of record was insufficient to establish that the beneficiary qualifies for classification as an alien with 
extraordinary ability in athletics, as it had not been shown that he was among the very small percentage at the top 
of his field of endeavor. The director revoked the approval of the petition on November 15,2007, noting that the 
evidence submitted by the petitioner in response to the notice of intent to revoke was identical to the information 
submitted at the time of filing. 
On appeal, counsel for the petitioner asserts that the beneficiary "is an alien of extraordinary ability and is at 
the top of his field in Taekwondo," and that the petitioner has submitted sufficient documentation to 
substantiate and support this claim. Counsel asserts that the director's decision to revoke the approval was 
arbitrary and capricious, as none of the circumstances outlined at 8 C.F.R. fj 214.2(0)(8)(iii)(A) were present. 
Counsel asserts that the beneficiary was nationally recognized as a member of the Korean National 
Demonstration Team, and that he has exhibited his work internationally. Counsel submits a statement and 
additional documentary evidence in support of the appeal.' 
Section 101(a)(15)(0)(i) of the Act provides classification to a qualified alien who has extraordinary ability in the 
sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international 
acclaim, whose achievements have been recognized in the field through extensive documentation, and who seeks 
to enter the United States to continue work in the area of extraordinary ability. The extraordinary ability 
provisions of this visa classification are intended to be highly restrictive. See 137 Cong. Rec. S18247 (daily ed., 
Nov. 16,1991). 
The regulation at 8 C.F.R. fj 214.2(0)(3)(ii) defines "extraordinary ability" in the field of science, education, 
business, or athletics as "a level of expertise indicating that the person is one of the small percentage who 
have arisen to the very top of the field of endeavor." 
1 
Counsel indicated on the Form I-290B, Notice of Appeal or Motion, that she would submit a brief andlor 
additional evidence to the AAO within 30 days of filing the appeal on December 14,2007. Counsel has since 
confirmed that she did not submit the brief or additional evidence as indicated on Form I-290B and the record 
will therefore be considered complete. 
EAC 06 036 53088 
Page 3 
The regulation at 8 C.F.R. 9 214.2(0)(8)(i)(B) provides that the director may revoke a petition approval at any 
time, even after the validity of the petition has expired. The regulation at 8 C.F.R. $214.2(0)(8)(iii) sets forth the 
grounds for revocation on notice: 
(A) 
 Grounds for revocation. The Director shall send to the petitioner a notice of intent to 
revoke the petition in relevant part if it is determined that: 
(1) 
 The beneficiary is no longer employed by the petitioner in the capacity specified in 
the petition; 
(2) 
 The statement of facts contained in the petition was not true and correct; 
(3) 
 The petitioner violated the terms or conditions of the approved petition; 
(4) 
 The petitioner violated the requirements of section 101(a)(15)(0) of the Act or 
paragraph (0) of this section; or 
(5) 
 The approval of the petition violated paragraph (0) of this section or involved gross 
error. 
(B) 
 Notice and decision. The notice of intent to revoke shall contain a detailed statement of 
the grounds for revocation and the time period allowed for the petitioner's rebuttal. The 
petitioner may submit evidence in rebuttal within 30 days of the date of the notice. The 
Director shall consider all relevant evidence presented in deciding whether to revoke the 
petition. 
In the present matter, the director provided a detailed statement of the proposed grounds for the revocation but 
did not cite to the specific provision of the regulations as a basis for the revocation. Upon review, the director 
revoked the approval on the basis of a finding that the approval involved gross error, pursuant to 8 C.F.R. 5 
2 14.2(0)(8)(iii>(A)(5) 
The term "gross error" is not defined by the regulations or statute. Furthermore, although the term has a 
juristic ring to it, "gross error" is not a commonly used legal term and has no basis in jurisprudence. See 
Black's Law Dictionary 562, 710 (7th Ed. 1999)(defining the types of legal "error" and legal terms using 
"gross" without citing "gross error"). The word "gross" is commonly defined first as "unmitigated in any 
way: UTTER," as in "gross negligence." Webster's New College Dictionary 502 (3rd ed. 2008). 
As the term "gross error" was created by regulation, it is most instructive to examine the comments that 
accompanied the publication of the rule in the Federal Register. The term "gross error" was first used in the 
regulations relating to the revocation of a nonimmigrant L-1 petition. In the 1986 proposed rule, an L-1 
revocation would be permitted if the approval had been "improvidently granted." 51 Fed. Reg. 18591, 18598 
(May 2 1, 1986)(Proposed Rule). After receiving comments that expressed concern that the phrase 
EAC0603653088 
Page 4 
"improvidently granted" might be given a broader interpretation than intended, the agency changed the final 
rule to use the phrase "gross error." 52 Fed. Reg. 5738, 5749 (Feb. 26, 1987)(Final Rule). 
Upon review of the regulatory history and the common usage of the term, the AAO interprets the term "gross 
error" to be an unmitigated or absolute error, such as an approval that was granted contrary to the 
requirements stated in the statute or regulations. Regardless of whether there can be debate as to the legal 
determination of eligibility, any approval that USCIS determines to have been approved contrary to law must 
be considered an unmitigated error, and therefore a "gross error." This view of "gross error" is consistent with 
the example provided in the Federal Register. See 52 Fed. Reg. at 5749. 
Upon review and for the reasons discussed herein, the present petition was properly revoked as the director 
clearly approved the petition in gross error, contrary to the eligibility requirements provided in the 
regulations. 
The regulation at 8 C.F.R. 9 2 14.2(0)(3)(iii) states, in pertinent part: 
Evidentiary criteria.for an 0-1 alien of extraordinary ability in thejields of science, education, 
business, or athletics. An alien of extraordinary ability in the fields of science, education, 
business, or athletics must demonstrate sustained national or international acclaim and 
recognition for achievements in the field of expertise by providing evidence of 
(A) 
 Receipt of a major, internationally recognized award, such as the Nobel Prize; or 
(B) 
 At least three of the following forms of documentation: 
(I) 
 Documentation of the alien's receipt of nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(2) 
 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 or international experts in their disciplines or 
fields; 
(3) 
 Published material in professional or major trade publications or major media 
about the alien, relating to the alien's work in the field for which classification is 
sought, which shall include the title, date, and author of such published material, 
and any necessary translation; 
(4) 
 Evidence of the alien's participation on a panel, or individually as a judge of the 
work of others in the same or in an allied field of specialization to that for which 
classification is sought; 
EAC 06 036 53088 
Page 5 
(5) Evidence of the alien's origmal scientific, scholarly, or business-related 
contributions of major significance in the field; 
(6) 
 Evidence of the alien's authorshp of scholarly articles in the field, in 
professional journals, or other major media; 
(7) 
 Evidence that the alien has been employed in a critical or essential capacity for 
organizations and establishments that have a distinguished reputation; and 
(8) 
 Evidence that alien has either commanded a high salary or will command a high 
salary or other remuneration for services, evidenced by contracts or other 
reliable evidence. 
(c) 
 If the criteria in paragraph (0)(3)(iii) of this section do not readily apply to the 
beneficiary's occupation, the petitioner may submit comparable evidence in order to 
establish the beneficiary's eligibility. 
The record consists of a petition with supporting documentation, a notice of intent to revoke and the 
petitioner's response, the director's revocation decision, an appeal and statement from counsel, and additional 
evidence supporting the appeal. The beneficiary in this case is a native and citizen of Korea who holds a 5~ 
degree black belt in Taekwondo, and was formerly a member of the Korean National Taekwondo 
Demonstration Team. The petitioner indicates that the beneficiary has a Bachelor's degree in physical 
education, a certificate in sports massage, and approximately three years experience in running and managing 
a Taekwondo school in Korea. The petitioner seeks to classify the beneficiary as an alien with extraordinary 
ability as a Taekwondo master and indicates that he will work as an instructor, teacher and coach, responsible 
for organizing exhibitions and demonstrations. 
In revoking the approval of the petition, the director found that the petitioner failed to establish that the 
beneficiary meets at least three of the evidentiary criteria at 8 C.F.R. 5 214.2(0)(3)(iii)(B) as a Taekwondo 
master. The director also observed that there was no evidence that the beneficiary has received a major, 
internationally recognized award equivalent to that listed at 8 C.F.R. 3 214.2(0)(3)(iii)(A). 
Upon review and for the reasons discussed herein, the petitioner has not established that the beneficiary is 
fully qualified as an alien with extraordinary ability in athletics. 
The evidence submitted in support of the petition included the following: 
A certificate issued by the Korean Taekwondo Association on December 3, 2000, 
which indicates that the beneficiary attained the 5th Dan level in Taekwondo. 
A certificate and transcript issued by Kyung Hee University, confirming that the 
beneficiary completed a Bachelor of Physical Education degree, majoring in 
Taekwondo, on February 20,2002. 
A "Graduation Certificate" indicating that the beneficiary completed a course titled 
EAC 06 036 53088 
Page 6 
"Taekwondo Special Training" conducted by The Korea National Taekwondo 
Demonstration Team, from March 2, 1996 through December 28, 1999. 
Certificates indicating that the beneficiary earned the qualification of "Sports Massage 
Master" by the Korea Hwal Bup Association on June 7, 1994. 
A certificate issued by the Korea Hwal Bup Association, indicating that the beneficiary 
received the "Qualification of Authorized Physical Education Correct Master" on June 
7, 2004 after completion of the association's training course. 
A certificate of qualification indicating that the beneficiary passed the 3d class 
qualifying examination of Taekwondo Instructor, conducted by the Kukkiwon World 
Taekwondo Headquarters, in August 2000. 
A Contest Trainer Certification issued by the Secretary of Cultural Tourist Department, 
indicated that the beneficiary is authenticated as a physical trainer, in October 2000. 
A Practical Physical Trainer Certification, also issued by the Secretary of Cultural 
Tourist Department, in January 2001. 
A certificate of appreciation issued on January 1, 2000 by the Kukkiwon World 
Taekwondo Headquarters, which states that the beneficiary was a member of the 
Korean National Demonstration Team and also sat on the International Olympic 
Committee. 
A letter of appreciation dated March 21, 2000 from Kyunghee University recognizing 
the beneficiary's role as a leader in a Taekwondo seminar. 
A letter of appreciation from the Korean Olympic Taekwondo Demonstration team, 
dated December 28, 1999, recognizing the beneficiary's "dedicated service and 
contribution to the development of Taekwondo." 
A certificate of appointment issued by the Kukkiwon World Taekwondo Headquarters 
on April 25, 1999, confirming the beneficiary's appointment to the Korean national 
team from April 25,1999 until April 24,2000. 
A certificate of appointment issued by the Kukkiwon World Taekwondo Headquarters 
on April 8, 1996, confirming the beneficiary's appointment to the Korean national team 
from April 8, 1996 until April 7, 1997. 
A certificate of participation recognizing the beneficiary's contribution to the 8' 
Taekwondo Hanmadang held from December 16-1 8, 1999. 
A certificate of participation recognizing the beneficiary's participation in the 1999 
Seoul International Conference of NGOs. 
A certificate issued by the Korean Olympic Committee, recognizing the beneficiary's 
participation in the 109' International Olympic Committee session held in June 1999 
as a member of the Korean National Demonstration Team. 
Photographs of the beneficiary which depict him: with the Korean National Team in 
1999; competing in a Kyunghee University Taekwondo Hanmadang competition in 
1995, competing in the 1" Mi Ruh Meh Cup Pro-Taekwondo competition; performing 
at various demonstrations. 
A magazine article discussing the Korean national exhibition team's trip to Europe and 
Africa in November 1999, which identifies the beneficiary as a team member. 
A short article published in The Korea Times (American edition), which indicates that 
EAC 06 036 53088 
Page 7 
a Taekwondo team representing Daegu established a sister relationship with the 
Chicago Taekwondo Association. The beneficiary is pictured in a group photograph 
accompanying the article. 
A short article (source and date unknown) which mentions a visit to various U.S. cities 
by the Daegu city Taekwondo Association's 15 member exhibition team. 
Various articles excerpted from the Korea Christian Times newspaper. The articles are 
accompanied by only a partial English translation. The beneficiary appears to be 
mentioned in passing in the articles as the "Chief of Kyunghee University 
Taekwondo." 
In addition, the petitioner submitted a letter dated October 27, 2005 from its ~eadmaster/President,= 
who addressed the beneficiq's qualifications as follows: 
[The beneficiary] is one of the best athletes in Korea and is recognized internationally in the 
sport of Taekwondo. He is a 5th degree blackbelt (since Dec. 2000) who was formerly a 
member of the Korean National Taekowndo Demonstration Team. A 5th degree blackbelt 
indicates that the individual has passed rigorous tests in the sport of taekwondo. It is usually 
obtained after about 20 years of dedicated training in the sport. [The beneficiary] is a 
professional athlete, coach and instructor in the sport. He is a member of the World 
Taekwondo Federation, which is the international governing body of our sport. The fact that 
he was given the honor of 5'h Dan by the organization indicates his high ranking in the sport 
as very few individuals (most likely 1 percent) are given this rank. 
also highlighted the beneficiary's bachelor's degree in Physical Education from Kyung Hee 
Universitv. noting: that the school is "one of the most oresti~ious s~orts-oriented universities in Korea." Mr. 
d, u u 
indicated that the beneficiary has been responsible for managing the university's Taekwondo School 
from 2002 until 2005, and also holds a certification as a Practical Physical Trainer, and a 3rd degree referee 
title conferred by the Korean Taekwondo Association. 
 further stated: 
There is no question that [the beneficiary] is a person of extraordinary abilities in the sport of 
Taekwondo. [The beneficiary] was a member of the prestigious Korean National 
Demonstration Team. The Korean National Demonstration Team is a world-renowned 
organization. It is one of the highest honors in our sport and extremely prestigious to have 
been selected to represent Korea and be a part of the organization that promotes Taekwondo 
and raises the consciousness about our sport at a worldwide level. [The beneficiary] is 
considered among the best in his country as few individuals are chosen to represent Korea as 
a delegate. 
The petitioner also submitted a recommendation letter dated September 7, 2005 from - 
president of the Connecticut Tae Kwon Do Association and head coach of Yale University's Taekwondo 
team. states that the beneficiary "is an outstanding athlete and has made great contributions to the 
Art and Sport of Taekwondo." He indicates that "[tlhere are very few individuals in the world that have had 
such successful careers," and that the beneficiary's "experience and understanding of Taekwondo is unique 
EAC 06 036 53088 
Page 8 
and extraordinary." ~inall~m emphasizes that the beneficiary would be an invaluable contributor 
to the sport in Connecticut. 
In addition, the petitioner provided a letter dated September 4, 2005 fro- president of the 
Massachusetts Taekwondo Association, who writes "to confirm that [the beneficiary] ranks among the best as 
an athlete and a coach in our sport." states that the beneficiary "has achieved a great deal in our sport 
and has reached a level achieved by few." He futher indicates that the beneficiary is recognized both 
nationally and internationally as "one of the most important individuals in our sport," and that the 
beneficiary's membership on the Korean National Demonstration team "testifies to his extraordinary abilities 
as an athlete." 
B.C. Kim Olympic Taekwondo also submitted a recommendation letter, dated September 7, 
2005. 
 opines that [the beneficiary] is an outstanding athlete and coach who ranks among the best in 
Korea." 
 He indicates that the beneficiary's "list of medals includes winning a number of important 
championships, thus classifying him as one of the best in the world," and states that the beneficiary "has won 
significant honors and awards in his sport both nationally and internationally." 
The petitioner also provided a letter from of World Champion Taekwondo in North 
Carolina. states that he has known the beneficiary for over 12 years and opines that the beneficiary 
"is a coach and competitor of extraordinary ability in Taekwondo." He further indicates that the beneficiary 
has an "uncanny" ability "to training and coach national and international caliber students." 
Finally, the petitioner submitted a recommendation letter from., Head of the Korean 
National Taekwondo Demonstration Team. ~r.recommends the beneficiary "as a qualified instructor of 
Taekwondo," and states that he appreciates "the special manner and dedication evidenced by [the beneficiary] 
in his teaching skills." He also notes that the beneficiary "is one of a few top level young instructors in 
Korea." 
The director approved the petition, based on this initial evidence, on November 22,2005. 
The director issued a notice of intent to revoke the approval on March 1, 2007, requesting that the petitioner 
submit additional evidence to establish that the beneficiary is recognized as having a demonstrated record of 
sustained national or international acclaim and recognition for achievements as a Taekwondo master. The 
director noted that the beneficiary's achievement of the 5fi Dan Black Belt did not appear to qualify the 
beneficiary as a member of the very small percentage at the top of his field as a coach in the sport, and that it 
was not evident that the beneficiary has made major contributions to the sport. Finally, the director noted that 
while the beneficiary has achieved a level of success, his successes have been as an athlete, rather than as a 
coach, in the field. 
In response to the notice of intent to revoke, the petitioner objected to the director's request that the petitioner 
establish the beneficiary's extraordinary ability as a Taekwondo coach. Counsel for the petitioner noted that 
the beneficiary "provides assistance in instructing and coaching students" but that his "primary duties" will be 
"spearheading the creation of a demonstration team." Counsel noted that, since coming to the United States, 
EAC 06 036 53088 
Page 9 
the beneficiary has organized a demonstration team for the petitioner which performed at tournaments, school 
activities and martial arts exhibitions. The petitioner also submitted a letter dated March 28, 2007 from 
who verifies that the beneficiary has participated as a Demonstrator at Connecticut state- 
sponsored tournaments and championships. 
In support of its response, the petitioner submitted copies of the same exhibits that accompanied the initial 
petition. 
The director revoked the approval of the petition on November 15, 2007. In revoking the approval, the 
director determined that the beneficiary did not satisfy the criteria at 8 C.F.R. §214.2(0)(3)(iii)(A), or more 
than one of the eight criteria provided at 8 C.F.R. 5 214.2(0)(3)(iii)(B). Therefore, the director determined that 
the approval of the petition had involved gross error. 
On appeal, counsel for the petitioner asserts that there was no gross error committed in approving the initial 
petition, as the beneficiary was "nationally recognized prior to coming to the United States as he was a 
member of very prestigious Korean National Demonstration Team and had exhibited his work internationally, 
before the Olympic Committee and at the Olympics." Counsel submits a brief statement in which she 
contends that the petitioner submitted sufficient evidence to establish that the beneficiary meets the 
evidentiary criteria set forth at 8 C.F.R. 5 214.2(0)(3)(iii)(B). 
Upon review and for the reasons discussed herein, the petitioner has not established that the beneficiary is 
fully qualified as an alien with extraordinary ability in athletics. 
Preliminary, the AAO emphasizes that the statute requires that the beneficiary seek entry into the United 
States "to continue work in the area of extraordinary ability." Section 101(a)(15)(0)(i) of the Act, 8 U.S.C. 5 
1 lOl(a)(l5)(0)(i) (2007). Here, the petitioner indicated on Form 1-129 that the beneficiary will be employed 
as a "Taekwondo Master" at the petitioner's Taekwondo school. In its letter dated October 27, 2005, the 
petitioner's president stressed that he "cannot have enough qualified and respected coaches and trainers" from 
Korea, and states that "it is for this purpose that I would like to hire [the beneficiary] as a Taekwondo master." 
The petitioner went on to state that the "it is imperative that we hire someone of [the beneficiary's] 
qualifications to work as an instructor, teacher and coach." The petitioner emphasized that "having our 
students taught and conditioned by one of Korea's best will in turn keep the United States competitive." The 
petitioner also stated that the beneficiary would be "spearheading our efforts in conducting exhibitions and 
demonstrations to further the understanding of taekwondo." In addition, several of the persons providing 
recommendation letters referred to the beneficiary's proposed role as a coach and instructor. 
In response to the notice of intent to revoke the petitioner emphasized that the beneficiary is primarily 
employed as a demonstrator of the sport, and not as a coach. However, the job description submitted indicates 
that the beneficiary is required to "teach and instruct students on different kinds of demonstrations." On 
appeal, the petitioner submits a newspaper article which features two students of the petitioner's school who 
competed in the Chicago Open International tournament. The article states that the competitors study under 
the beneficiary at the petitioner's school. 
EK 06 036 53088 
Page 10 
Based on the petitioner's representations as a whole, it must be concluded that the beneficiary will be working 
in the United States primarily as a taekwondo trainerlinstructor, and not as a competitive taekwondo 
performerlathlete. 
Competitive athletics and sports instruction are not the same area of expertise and USCIS will not assume that 
an alien with extraordinary ability as an athlete has the same level of expertise as a coach or instructor of his 
or her sport. The beneficiary's past achievements as a competitor do not establish a presumption of sustained 
acclaim and extraordinary ability as a coach or instructor. See Lee v. Ziglar, 237 F.Supp.2d 914 (N.D. Ill. 
2002). However, given the nexus between athletic competition and coaching or sports instruction, 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 or international level, an adjudicator may consider the totality of 
the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability such that it can 
be concluded that coaching is within the beneficiary's area of expertise. Specifically, in such a case, USCIS 
will consider the level at which the alien acts as a coach or instructor. Accordingly, we will address the 
evidence regarding the beneficiary's accomplishments as both an athlete and as an instructor. 
If the petitioner establishes through the submission of documentary evidence that the beneficiary has received 
a major, internationally recognized award pursuant to 8 C.F.R. 4 214.2(0)(3)(iii)(A), then it will meet its 
burden of proof with respect to the beneficiary's eligibility for 0-1 classification. The petitioner does not 
claim that the beneficiary has received a major, internationally recognized award comparable to the Nobel 
prize, or that he has trained students who have received major, internationally recognized awards or prizes. 
As there is no evidence that the beneficiary has received a major, internationally recognized award, the 
petitioner must establish the beneficiary's eligibility under at least three of the eight criteria set forth at 8 
C.F.R. 9 214.2(0)(3)(iii)(B). To meet the criterion at 8 C.F.R. 4 214.2(0)(3)(iii)(B)(I), the petitioner must 
submit evidence that the beneficiary has received nationally or internationally recognized prizes or awards for 
excellence in the field. 
In a letter submitted in support of the initial petition, counsel stated that the beneficiary "has led his students 
to win some of the major competitions in the sport of Taekwondo and is also a major champion in Korea." 
Counsel further stated that the beneficiary "won national competitions and he participated in important 
events." In addition stated in his recommendation letter that the beneficiary "won significant honor 
and awards in his sport both nationally and internationally," and "a number of international championships." 
However, the record remains devoid of evidence of any national or international awards achieved by the 
beneficiary, or any such awards received by his students. Going on record without supporting documentary 
evidence is not sufficient for purposes of meeting the burden of proof in these proceedings. Matter of Sofici, 
22 I&N Dec. 158, 165 (Comm. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. 
Cornrn. 1972)). 
Instead, as evidence of the beneficiary's receipt of "major awards," the petitioner submitted the above 
referenced certificates of appreciation confirming the beneficiary's membership in the Korean National 
Demonstration Team, a certificate confirming his role in leading a university-level seminar in Taekwondo, 
and a certificate of appreciation from the Head of the Korean Olympic Taekwondo Demonstration team. 
EAC 06 036 53088 
Page 11 
While the evidence shows that the beneficiary participated in his sport at a national level, the petitioner did 
not explain how any of the certificates of appreciation could be considered equivalent to receipt of significant 
nationally or internationally recognized prizes or awards. 
On appeal, counsel asserts that the beneficiary's certificate of achievement from the Kukkiwon satisfies this 
criterion, as the Kukkiwon is the "world headquarters for Taekwondo." The AAO assumes that counsel is 
referring to the beneficiary's achievement of the 5' Dan level black belt. The record indicates that attaining a 
certain Dan level in the martial arts is not an award, but rather the foreseeable outcome of a standard process 
by which martial arts practitioners advance fiom one Dan level to the next. The evidence shows that such 
advancement is a promotion within the ranks of the sport, but does not establish that any of the Dan levels 
achieved by the beneficiary constitute a nationally or internationally recognized award pursuant to 8 C.F.R. 8 
214.2(0)(3)(iii)(B). Furthermore, the evidence in the record indicates that there are at least nine Dan levels in 
the sport, and the AAO cannot conclude that achieving the middle level of nine Dan levels is indicative of 
sustained national or international acclaim. Similarly, the beneficiary's Dan certificate and instructor 
qualifications alone do not establish his receipt of awards, and the petitioner provides no specific information 
regarding any individual athletes who have been coached or instructed by the beneficiary, much less evidence 
that he has coached athletes who have received significant national or international awards. Accordingly, the 
petitioner has not established that the beneficiary meets this criterion. 
In order to establish that the beneficiary meets the second criterion, at 8 C.F.R. g 214.2(0)(3)(iii)(B)(2), the 
petitioner must document 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. 
At the time of filing counsel indicated that the beneficiary satisfies this criterion based on his "membership as 
a 5th Dan (degree black belt) in the Kukkiwon," his membership on the Kukkiwon Adult Demonstration 
Team, and based on his seat on the International Olympic Committee in 2000. We do not share counsel's 
opinion that a fifth Dan ranking is a "membership." Counsel's contentions are not corroborated by any 
objective documentary evidence. The beneficiary's Dan Certificate states only that the beneficiary passed a 
"promotion test." The petitioner has chosen not to submit a copy of Kukkiwon's rules or regulations 
regarding the promotion test, and there is no documentary support for counsel's claims regarding the 
beneficiary's fiRh Dan "membership." The unsupported assertions of counsel do not constitute evidence. 
Matter of Obaigbena, 19 I&N Dec. 533, 534 n.2 (BIA 1988); Matter of Laureano, 19 I&N Dec. 1, 3 n.2 (BIA 
1983); Matter of Ramirez-Sanchez, 17 I&N Dec. 503,506 (BIA 1980). 
The director ultimately concluded that the beneficiary was able to qualify under this criterion based on his 
membership on the Korean National Demonstration Team, but noted that the beneficiary's most recent 
membership on the team was in 2000, several years prior to the filing of the petition. 
Upon review, the AAO concurs with the director's determination that the petitioner has failed to submit any 
recent or current evidence of the beneficiary's membership in a qualifying association. The regulations require 
that the beneficiary's qualifications be "demonstrated by sustained national or international acclaim." The 
beneficiary was a member of the Korean National Demonstration Team from 1996 to 1997, and from 1999 until 
EAC 06 036 53088 
Page 12 
2000. The instant petition was filed more than five years later, and the record does not contain any evidence that 
the beneficiary is currently a member of any associations in his field requiring outstanding achievements. 
Furthermore, the petitioner has not submitted any evidence that the beneficiary meets this criterion as a coach or 
instructor in Taekwondo. The petitioner has not established that the beneficiary meets the second criterion. 
The third criterion, at 8 C.F.R. 5 2 14.2(0)(3)(iii)(B)(3), requires the petitioner to submit published material in 
professional or major trade publications or major media about the alien, relating to the alien's work in the field 
for which classification is sought, which shall include the title, date, and author of such published material, 
and any necessary translation. In this regard the petitioner has submitted largely un-translated articles from 
unidentified sources. Because the petitioner failed to submit certified translations of the documents, the AAO 
cannot determine whether the evidence supports the petitioner's claims. See 8 C.F.R. 4 103.2(b)(3). 
Accordingly, the evidence is not probative and will not be accorded any weight in this proceeding. 
The articles that are translated or partially translated confirm that the beneficiary was a member of the Korean 
National Demonstration team, but offer no further insight regarding the beneficiary or his recognition for 
achievements in the field of Taekwondo. Nor are the articles specifically "about" the beneficiary, as it appears 
that he is mentioned in passing or merely identified in the caption of a group photograph. The petitioner has 
not established that the submitted articles were published in a major trade publication or otherwise constitutes 
"major media" about the alien. In addition, the petitioner has not submitted published materials regarding the 
beneficiary's achievements as a coach or instructor, or regarding the achievements of the beneficiary's 
students. The submitted evidence does not satisfy the regulatory criterion. 
In order to meet the fourth criterion, the petitioner must submit evidence of the alien's participation on a 
panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that 
for which classification is sought. 8 C.F .R. 5 2 14.2(0)(3)(iii)(B)(4). 
The director acknowledged that the petitioner provided evidence to establish that the beneficiary is qualified 
as a referee in the sport, but noted that "it is not evident that he participated as such a referee and if he did that 
the event that was refereed was at a national or international level of competition." 
The AAO notes that neither the petitioner nor counsel has claimed that the beneficiary meets this criterion, or 
otherwise explained the significance of the beneficiary's 3rd degree Referee qualification. Therefore, the AAO 
concurs with the director's conclusion that the criterion has not been met. 
The fiRh criterion requires the petitioner to submit evidence of the alien's original scientific, scholarly, or 
business-related contributions of major significance in the field. 8 C.F.R. 214.2(0)(3)(iii)(B)(S). Counsel 
asserted at the time of filing that the recommendations letters from "distinguished members of the sport," 
evidence the beneficiary's "original contributions." Neither the petitioner nor counsel has adequately 
explained how the beneficiary's participation in athletic competitions and demonstrations amounts to "an 
original scientific, scholarly or business-related contribution of major significance in the field" of Taekwondo. 
When considering the petitioner's claim that the beneficiary meets this criterion, USCIS cannot ignore the 
wording of the regulation. Whereas other regulatory passages refer to "extraordinary ability in the fields of 
science, education, business, or athletics," 8 C.F.R. 5 214.2(0)(3)(iii)(B)(.5) refers to "the alien's original 
EA'C0603653088 
Page 13 
scientific, scholarly, or business-related contributions." The omission of "athletic contributions" is a realistic 
reflection of the nature of athletic competition. Winning a competition is not an "original contribution;" it is 
expected that any given athletic event will have a winning athlete or team that outscores or outperforms rival 
competitors. Similarly, possessing a high level of the skills needed to succeed in a particular sport is 
generally a matter of degree, rather than an "original contribution" to the sport. Therefore, attestations 
regarding the beneficiary's talent, skills and success will not 'satisfy 8 C.F.R. 4 214.2(0)(3)(iii)(B)(5) as 
evidence of the beneficiary's original contributions. Counsel's claim that not all Taekwondo athletes achieve 
the 5~ Dan level or participate as members of the Korean National Team does not lead to a conclusion that the 
beneficiary made an "original contribution" to the field by being among this group. Competitive success is 
already taken into account by 8 C.F.R. 4 214.2(0)(3)(iii)(B)(l), pertaining to prizes and awards, and 8 C.F.R. 
4 214.2(0)(3)(iii)(B)(3) instructs USCIS to take into account any major media attention that an athlete may 
earn by standing out from others in a particular sport. 
The AAO would also consider any recognition the beneficiary may have received from experts in his field for 
an "original" contribution to the field of Taekwondo as an athlete or instructor. However, none of the persons 
who provided recommendation letters identified with specificity what exactly constitutes the beneficiary's 
original contribution to the sport of Taekwondo. For example, stated that the beneficiary is "an 
outstanding athlete and has made great contributions for the Art and Sport." He did not provide any detail 
regarding the nature of such contributions, mention any recognition the beneficiary has received for his 
contributions, or indicate on what basis he was able to render this opinion. Similarly, the testimonial letter 
from indicates that the beneficiary is "one of the most important individuals in our 
sport," but he failed to identify any specific basis for this conclusion, or any specific contribution made by the 
beneficiary as an athlete or coach. 
Pursuant to 8 C.F.R. 4 214.2(o)(iii)(B), affidavits written by present or former employers or recognized 
experts certifying to the recognition and extraordinary ability. . . shall specifically describe the alien's 
recognition and ability or achievement in factual terms and set for the manner in which the affiant acquired 
such information. Affidavits must also "reflect the nature of the alien's achievement." 8 C.F.R. 4 
2 14.2(0)(iii)(A). 
The testimonials submitted are excessively vague in describing the beneficiary's achievements, recognition 
and contributions as an athlete and coach in the field of Taekwondo, and are insufficient to that the 
beneficiary has received national or international recognition for an original contribution to his field. 
On appeal, counsel asserts that "one of [the beneficiary's] original contributions in the field of Taekwondo 
that is of major significance is he instructed and coached two American students to excel and win at Chicago 
Open International Taekwondo Champsionships in 2006." Counsel indicates that the event was an 
international tournament which included competitors from 55 countries. Counsel asserts that the beneficiary's 
other contributions include helping to promote Taekwondo in his community, and serving as a member in the 
Korean National Demonstration Team. 
The instant nonirnmigrant petition was filed in November 2005 and therefore any evidence submitted to 
establish the beneficiary's eligibility must pre-date the filing. The petitioner must establish eligibility at the 
EAC 06 036 53088 
Page 14 
time of filing the nonirnrnigrant visa petition. A visa petition may not be approved at a future date after the 
petitioner or beneficiary becomes eligible under a new set of facts. Matter of Michelin Tire Corp., 17 I&N 
Dec. 248 (Reg. Comm. 1978). Nevertheless, the petitioner has not established that the success of two young 
athletes (ages 13 and 10) who are coached by the beneficiary in a single competition amounts to "an original 
contribution of major significance in the field." 
The beneficiary's participation in the Korean National Demonstration Team, while undoubtedly a prestigious 
honor and a sign of the beneficiary's success as an athlete, has not been demonstrated to signify an "original 
contribution" to the sport. The petitioner has not demonstrated that the beneficiary meets this criterion. 
In order to meet the sixth criterion, the petitioner must submit evidence of the alien's authorship of scholarly 
articles in the field, in professional journals, or other major media. 8 C.F.R. 5 214.2(0)(3)(iii)(B)(6). The 
petitioner does not claim that the beneficiary meets this criterion. 
The seventh criterion requires the petitioner to establish that the alien has been employed in a critical or 
essential capacity for organizations and establishments that have a distinguished reputation. 8 C.F.R. 5 
2 14.2(0)(3)(iii)(B)(7). 
The director determined that "although it is evident that the beneficiary has performed with establishments 
that have a distinguished reputation, you have not established that he performed in a critical or essential 
capacity that would have put him in the lead or front of others also performing with the team." 
On appeal, counsel asserts that the beneficiary's role as a coach and mentor for the petitioner "proves that he 
is involved in a position that is of critical capacity," as "a coach is an integral part of an athlete's success." 
Counsel's assertion is not persuasive. As noted above, the beneficiary's employment with the petitioning 
organization occurred after the petition was filed and will not be considered as evidence of his eligibility for 
this classification as of the date of filing. 
Counsel firther states: 
We also argue that being a member of the Korean National Demonstration Team is in a 
critical capacity as it is extremely difficult to obtain membership in this team. In this team, 
each member is critical as the moves and demonstrations are orchestrated. The fact that this 
team demonstrated to an international audience shows that it is significant. 
Counsel's unsupported assertion that all members of the Korean National Demonstration Team must be 
considered to be serving in a critical or essential capacity is insufficient to overcome the director's 
determination. While the record contains ample evidence of the beneficiary's membership on the Korean 
National Demonstration team, including a letter from the head of the team, none of the evidence specifically 
identifies the beneficiary's essential or critical role. The unsupported statements of counsel on appeal or in a 
motion are not evidence and thus are not entitled to any evidentiary weight. See INS v. Phinpathya, 464 U.S. 
183, 188-89 n.6 (1984); Matter of Ramirez-Sanchez, 17 I&N Dec. 503 (BIA 1980). The petitioner has not 
established that the beneficiary meets this criterion. 
EAC0603653088 
Page 15 
The eighth and final criterion requires the petitioner to submit evidence that the beneficiary has commanded 
or will command a high salary or other remuneration for services, evidenced by contracts or other reliable 
evidence. See 8 C.F.R. $ 214.2(0)(3)(iii)(B)(8). The petitioner indicates that it will pay the beneficiary wages 
of $24,000 per year, and provide for his room, board and transportation expenses. The record does not contain 
any evidence of the beneficiary's past remuneration in Korea. 
In revoking the approval of the petition, the director noted that the petitioner submitted evidence that it paid 
the beneficiary only $9,000 in wages in 2006, and thus the evidence demonstrates that he is earning a wage 
that is at or below that normally found in the field. The petitioner does not address this finding on appeal, and 
the AAO concurs with the director that this criterion has not been met. 
Finally, the regulations allow the petitioner to submit comparable evidence to establish the beneficiary's 
eligibility if the criteria at 8 C.F.R. 5 214.2(0)(3)(iii)(B) do not readily apply to the beneficiary's occupation. The 
petitioner has not established that the above-referenced criteria cannot readily apply to the beneficiary's 
occupation. Rather, the petitioner claims that the beneficiary can meet more than three of the eight criteria. 
The AAO notes that the petitioner bases its argument that the beneficiary is qualified for this classification 
almost entirely on the beneficiary's membership in the Korean National Demonstration Team. However, the 
AAO emphasizes that one achievement cannot serve to meet two (or more) criteria at 8 C.F.R. $ 
214.2(0)(3)(iii)(B). The regulation permits a beneficiary to establish eligibility through a single achievement 
in only one circumstance: receipt of a major, internationally recognized award, such as the Nobel Prize. 8 
C.F.R. 9 214.2(0)(3)(iii)(A). The petitioner also places great emphasis on the beneficiary's achievement of a 
5'h Dan level black belt. As discussed above, these two achievements, considered together, are not indicative 
of sustained national or international acclaim, and do not exempt the petitioner from meeting the other 
evidentiary criteria at 8 C.F.R. 9 2 14.2(0)(3)(iii)(B). 
The record does not establish that the beneficiary is an alien of extraordinary ability in athletics, which has 
been demonstrated by sustained national or international acclaim and whose achievements have been 
recognized in the field through extensive documentation, as required by section 10 1 (a)(15)(0)(i) of the Act. 
The petitioner failed to establish that the beneficiary has received a major, internationally recognized award or 
that he satisfies at least three of the evidentiary criteria specified in the regulation at 8 C.F.R. $ 
2 14.2(0)(3)(iii)(B). Consequently, the beneficiary is not eligible for nonirnmigrant classification under 
section 10 1 (a)(l5)(0)(i) of the Act, and the petition cannot be approved for this reason. 
The extraordinary ability provisions of this visa classification are intended to be highly restrictive. See 137 Cong. 
Rec. S 18247 (daily ed., Nov. 16, 1991). In order to establish eligibility for 0-1 classification, the petitioner must 
establish that the beneficiary is "at the very top" of his field of endeavor. 8 C.F.R. $ 214.2(0)(3)(ii). The 
beneficiary's achievements have not risen to this level. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361. 
The petitioner has not sustained that burden. Accordingly, the appeal will be dismissed. 
EAC 06 036 53088 
Page 16 
ORDER. The appeal is dismissed.