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PUBLIC Cop Services U.S. Department of Homeland Security U. S. citizenship and Immigration Services identifying data ddeted to OfJe ofAdministrative Appeals MS 2090 psvent clearly unwarranted Washington, DC 20529-2090 invasion of persona! privacy U.S. Citizenship and Immigration PUBLIC cop Services 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 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. 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. $ 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. 9 103.5(a)(l)(i). Acting Chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 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. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualifl for classification as an alien of extraordinary ability. On appeal, the petitioner states that he would like to work in the United States as a soccer player or coach. 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. U.S. Citizenship and Immigration Services (USCIS) 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. tj 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. tj 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the petitioner must show that he has sustained national or international acclaim at the very top level. This petition, filed on February 1,2007, seeks to classify the petitioner as an alien with extraordinary ability as a soccer player. 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, internationally 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. A petitioner, however, cannot establish eligibility for this classification merely by submitting evidence that simply relates to at least three criteria at 8 C.F.R. 5 204.5(h)(3). In determining whether the petitioner meets a specific criterion, the evidence itself must be evaluated in terms of whether it is indicative of or consistent with sustained national or international acclaim. A lower evidentiary standard would not be consistent with the regulatory definition of "extraordinary ability" as "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. fj 204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in theJield ofendeavor. To fulfill this criterion, the petitioner initially submitted the following evidence: 1. A certificate for "standing first" and another certificate for the "highest scorer" from the Social Welfare Sports Center, both for the petitioner's participation in the 2ndU-16 Football Tournament in 2002; 2. A certificate of appreciation for the petitioner's participation as a runner in the 7th Budhasubba Tuborg Gold Cup in 2061 from the Dharan Football Club (accompanied by a picture of the trophy); 3. A certificate for first position in the qualifying round at the Khukuri Cup Football Tournament in 2003 organized by the Surya Nepal Private Limited and the All Nepal Football Association ("ANFA") (uncertified translation that appears to be a partial translation because signatures on bottom were not translated); 4. A certificate for second position at the Khukuri Cup Football Tournament in 2003 organized by the Surya Nepal Private Limited and the ANFA (uncertified translation) (accompanied by a picture of the trophy with no inscriptions on it); 5. A certificate for second position in the 15th National Tilottama Gold Cup in 2002 (uncertified translation) (accompanied by a trophy with an inscription without a certified translation); 6. A certificate for first position and a separate certificate for best player, both for the petitioner's participation in the Sun Moon Peace Cup in 2005 from the National Police Academy (accompanied by photographs of three separate trophies from this tournament and a separate picture of the petitioner holding one of the trophies); 7. A photograph of the 2005 ANMA NASeA Soccer Cup for best player without further inscription identifying the petitioner (not a clear picture); 8. An undated photograph of the petitioner with a trophy, and underneath it a handwritten caption indicates the picture depicts the petitioner "receiving [the] best player award on [at the] soccer tournament" which was "organized by: Nepalese Association Chicago Convention;" Page 4 9. A certificate for second position in the Inter-School Soccer Tournament in 1999 from His Highness Prince Nirajan Bir Bikram Shah Dev (uncertified translation); 10. A certificate for first position at the 2nd Inter-School ANFA Football Tournament in 2000 (uncertified translation); 11. A certificate of appreciation for first in the Xavier International Inter College Football Tournament in 2060; 12. A certificate for "runners up" in the ANFA Cup Youth Football Tournament in 2001; 13. A photograph of a trophy for 2nd Bhunte Memorial Football Running in 2062 without an inscription with the petitioner's name; 14. A photograph of two trophies without any inscriptions but with handwritten captions that indicate they are for the Shoyambhu Cup and the Nawa Jyoti Cup; 15. A photograph of a trophy awarded to the petitioner from the British Gurkha College for "a token of memory;" 16. A photograph of a trophy awarded to the "high scorer," without indicating the petitioner's name and without a date, from the Social Welfare Sports Center; 17. A photograph of a trophy with an uncertified handwritten translation that indicates the trophy is for "runners up 13th Tilottama Gold Cup;" 18. A photograph of two trophies, one without any inscription and the other is another picture of the same trophy described in item 15; 19. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 2001; 20. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 1998; 21. A certificate of merit for participation in the Subroto Mukerjee Cup Football Tournament in 1999; 22. Three photographs with a picture of awards with inscriptions, without a certified translation and only a handwritten description of the awards was provided; and 23. A photograph of an award for participation in the Wichita Gold Cup, 2006. After a review of the initial evidence submitted, the director issued a Request for Evidence ("WE") dated April 18, 2008. In the WE, the director notified the petitioner that the evidence provided was insufficient to establish eligibility. More specifically, the RFE requested additional information regarding the awards including the number of competitors the petitioner was competing against and the level of competition for each award. In response to the RFE, the petitioner provided the following evidence: 24. A letter from the President of the Nebraska Nepalese Society dated May 12, 2008, which stated that the petitioner had won the most valuable player award on August 3 1, 2006 at the All Nepalese Midwest Association (On appeal, the petitioner provided a picture of him receiving the award); 25.
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