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Bedfld-Perry Rhew U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Ofjce ofAdmini.~trativeAppeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration 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. $ I 1 53(b)( I )(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. 4 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing 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. 5 103.5(a)(I)(i). #bedfld-Perry Rhew chief, Administrative Appeals Office Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, on May 29, 2009, 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 as a journalist. The director determined that the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. More specifically, the director found that the petitioner had failed to demonstrate receipt of a major, internationally recognized award, or that he meets at least three of the regulatory criteria at 8 C.F.R. 5 204.5(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. At the time of original submission, the petitioner completed Part 5 and Part 6 of Form I- 140, Petition for Alien Relative, which included questions regarding the petitioner's occupation and job title. We note that the petitioner indicated in Part 5 that his occupation is a journalist and in Part 6 that is job title is a sports journalist. We further note that at the time of the filing of petition, the petitioner submitted documentation as it related to his journalistic activities in sports. However, on appeal, the petitioner submitted documentation showing that his journalistic activities have now switched to covering the United Nations. We will not narrow the petitioner's field to the limited field of "sports" journalism, rather than the field of journalism as a whole. 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. 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 sustained national or international acclaim at the very top level. The regulation at 8 C.F.R. 4 204.5(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. 5 204.5(h)(2). The petitioner has submitted evidence pertaining to the following criteria under 8 C.F.R. 5 204.5(h)(3).' Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. The petitioner claims eligibility for this criterion based on the following submitted documentation: 1. Journalist of the Year - 2005, from the Nepal International Taekwondo Federation (NITF), on August 17, 2006; 2. Best Journalist Award, from the All Nepal Football Association (ANFA), on February 2 1, 2006; 3. Achievement Certificate for Best NewsIMedia Coverage, from the International Open Friendship Taekwondo Championships (IOFTC), June 18-20, 2004, in Portland, Oregon; 4. Letter of Appreciation from NITF on an unspecified date; 5. Certificate of Appreciation from IOFTC for the 3rdIOFTC on June 18-20,2004; 6. Certificate for participating at the 4th IFTC on July 2-3, 2005, in Hong Kong, China; 7. Appreciation Certificate from Bheri Taekwonso Association for contributions at the 3rd National Taekwondo Championships on October 8-10, 2004, at Nepalgunj Banks, Nepal; ' The petitioner does not claim to meet or submit evidence relating to the criteria not discussed in this decision. Page 4 8. Certificate from the Nepal Shooting Association for participating at the National Shooting Competition; 9. Certificate from NITF for participating at the 2nd International Taekwondo Course on November 24-26,2006; 10. Certificate of Appreciation from IOFTC for participating at the 5th SOFTC on October 6-7,2006, in Portland, Oregon; and 11. Appreciation Award from Dhapasi Taekwondo Dojang at the 1" Sndo-Nepal Friendship Taekwondo Championship on January 28, 2006, at Kathmandu, Nepal. Regarding items 1-3, the petitioner submitted website pages for NITF, ANFA, and IOFTC. While a review of these website pages reflects background information for these organizations, they fail to provide any information regarding the awards received by the beneficiary. In addition, the petitioner failed to submit any other documentation regarding the prestige and stature associated with winning one of these awards so as to establish their national or international acclaim. We note here that the petitioner submitted on appeal an article from The Kathmandu Post, dated July 6, 2009, regarding the Journalist of the Year Award for 2008 where the petitioner was mentioned as a past award winner in 2005. As the article was published after the date of the filing of the petition, May 29, 2007, we will not consider this article as evidence in this proceeding. Eligibility must be established at the time of filing. 8 C.F.R. $5 103.2(b)(l), (12); Matter of Katigbak, 14 I&N Dec. 45, 49 (Regl. Commr. 1971). A petition cannot be approved at a future date after the petitioner becomes eligible under a new set of facts. Matter of Izummi, 22 I&N Dec. 169, 175 (Comm'r. 1998). That decision further provides, citing Matter of Bardouille, 18 I&N Dec. 114 (BSA 198I), that we cannot "consider facts that come into being only subsequent to the filing of a petition." Id. at 176. Furthermore, the regulation at 8 C.F.R. 5 204.5(h)(3)(i) requires the petitioner's "lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor." Regarding item 1, the record fails to reflect that NITF is in the petitioner's "field of endeavor." According to NITF's website: Nepal ITF is established in 1998, and in this nine years period, we prove ourselves as one of the best sports organization of Nepal. Almost 15,000 players, hundreds of coaches and thousands of officials are in the umbrella of Nepal ITF. We assure the quality training of real Taekwon-Do that originated by the father of Taekwon-Do General Choi Hong Hi. The petitioner failed to establish how his award from NITF is an award in his field of endeavor of journalism.
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