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Publlc COPY P% U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services puBLlc COPY P% LIN 04 225 50217 .- IN RE: 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. 1 153(b)(l)(A) 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. bobert*LP. Wiemann, Chief Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center. The petitioner appealed the decision to the Administrative Appeals Office (AAO). The AAO dismissed the petitioner's appeal. The matter is now before the AAO on motion to reopen. The motion will be granted, the previous decision of the AAO will be affirmed, and the petition will remain denied. 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. 6 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. On appeal, the AAO concurred with the director's determination, finding that the petitioner had met only two of the regulatory criteria at 8 C.F.R. 0 204.5(h)(3).' On motion, counsel argues that coaching a national speed skating team that wins gold medals at the 2003 Winter Asian Games represents a one-time achievement (that is, a major, internationally recognized award) sufficient to satisfy the regulation at 8 C.F.R. 6 204.5(h)(3). 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 into the United States will substantially benefit prospectively the United States. Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991). 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. $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. 204.5(h)(3): 1 The petitioner was found to have satisfied the regulatory criteria at 8 C.F.R. $9 204.5(h)(3)(i) and (viii). Page 3 Initial evidence: A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Such evidence shall include evidence of a one-time achievement (that is, a major, international recognized award), or at least three of the following: (i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; (ii) Documentation of the alien's membershp 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; (iii) 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 whlch classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; (iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought; (v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; (vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media; (vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases; (viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; (ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or (x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. The regulation at 8 C.F.R. 204.5(h)(4) states: "If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility." This petition, filed on August 2,2004, seeks to classify the petitioner as an alien with extraordinary ability as a speed skating coach. The regulatory criterion at 8 C.F.R. 5 204.5(h)(3)(i) calls for "[d]ocumentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." The AAO addressed the two gold medals earned bya Korean Speed Skating National Team member who was coached by the petitioner at the 2003 Winter Asian Games, in its September 1,2006 decision stating: It is not clear that significant awards exist for speed skating coaches; however, . awards won by teams or individuals coached by the petitioner may be considered as comparable evidence for this criterion pursuant to 8 C.F.R. 9 204.5(h)(4). Skater, stating: Back in . .2003, I won two gold medals in Aomori, Japan during the 5thWinter Asian Game[s] in 1,000-meter with a time of 1: 13.83 seconds, and also in 1,500-meter with a time of 1:54.65 seconds. I was able to win many medals . because of [the petitioner] who trained me to become a professional skater. He taught me how to be the world-class top skater. The record includes material printed from the internet and other independent evidence confirming the information provided by The petitioner also submitted a letter from the president if the Korea Skating Union confirming that the petitioner served as Head Coach for the Korean National Team from June 2002 to June 2003. We find that the petitioner's evidence is adequate to satisfy this criterion. On motion, counsel for the petitioner states: The petition was denied because [the petitioner] was found to have satisfied only two of the ten indicia of extraordinary ability at 8 C.F.R. 8 204.5(h)(3). However, that paragraph also provides that extraordinary ability can be demonstrated by evidence that the petitioner has been awarded a single major internationally recognized award. The petitioner has previously provided evidence that he was the coach of the Korean speed skating team which won two gold medals in the 2003 Winter Asian Games, the 1000 m and 1500 m competitions, and in fact your office has determined that [the petitioner] has satisfied 8 C.F.R. 204.5(h)(3)(i) by providing evidence that he has received a "lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." However, the evidence submitted with this motion demonstrates that coaching a gold medal winning team in the Winter Asian Games is not merely a lesser, but in fact a major internationally recognized award in the field of speed skating. [Emphasis in original] Counsel refers to the team coached by the petitioner at the 2003 Winter Asian Games as a "gold medal winning team." The record, however, contains no evidence showing that the Korean National Team, as a whole, earned a "team" gold medal at the Winter Asian Games as implied by counsel. Rather, one athlete who competed for the Korean National Team, won gold medals in the two individual events in which he participated (the 1,000-meter and the 1,500-meter races). The petitioner's motion includes a September 29, 2006 letter of support from~ecretary General, Korean Olympic Committee, stating: Page 5 The Korean Olympic Committee is the official representative of the Republic of Korea to the International Olympic Committee. As such, we are uniquely positioned to be knowledgeable regarding the state of competitive sports in Korea and Asia as whole. We are very familiar with the Winter Asian Games. The Winter Asian Games are an integral part of the Asian Games, which, next to the Olympics themselves, is the most important sporting event in Asia.
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