dismissed O-1A Case: Athletics

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immi gration 
Services 
DATE: APR 0 6 2015 Office: VERMONT SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(0)(i) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish 
agency policy through non-precedent decisions. If you believe· the AAO incorrectly applied current law or 
policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider 
or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-
290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, tiling location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
;;i� Ron Rosenberg 
Chief, Administrative Appeals Office 
www .uscis.gov 
·· ···--- -- -·----------
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NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Acting Director, Vermont Setvice Center, denied the noniim:�igrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. We will 
.summarily dismiss the appeal. 
The petitioner filed the nonimmigrant visa petition seeking classification of the beneficiary under 
section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101(a)(15)(0)(i), as an alien with extraordinary ability in athletics. The petitioner is self-described 
as a circus entertainment /business. It seeks to employ the beneficiary in the position of circus 
performer for a period of two years. U.S. Citizenship and Immigration Setvices (USCIS) previously 
granted the beneficiary 0-1 status for employment with a different petitioner and the petitioner now 
seeks to extend his status. At the time of filing, the beneficiary was in the United States without status, 
having overstayed his last admission as an 0-1 nonimmigrant.1 
The acting director denied the petition on June 4, 2014, concluding that the petitioner did not establish 
that the beneficiary has achieved sustained national or international acclaim as a circus performer or 
that he is among the small percentage at the very top of his field. The acting director determined that 
the evidence submitted did not meet the applicable evidentiary criteria at 8 C.F.R. 
§ 214.2(o)(3)(iii)(A) or (B). 
The petitioner subsequently filed an appeaL The acting director declined to treat the appeal as a 
motion and forwarded the appeal to us for review. On the Form I-290B, Notice of Appeal or Motion, 
the petitioner indicated that it would submit a brief and/or additional evidence to us within 30 days. 
The petitioner did not submit a separate statement regarding the basis for the appeal as instructed at 
part 4 of the Form I-290B, which requires a petitioner to provide a statement explaining any erroneous 
conclusion of law or fact in the decision being appealed. The petitioner filed the appeal on July 1, 
2014. As of this date, approximately 8 months later, we have received nothing further. 
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). 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( o )(3)(ii). 
The regulation at 8 C.F.R. § 214.2(o)(3)(ii) defmes, in pertinent part: 
Extraordinary ability in the field of science, education, business, or athletics means 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 The record shows that the beneficiary's previous 0-1 petition expired on September 11, 2013. The instant 
petition was filed on January 14, 2014. A petition extension may be filed only if the validity of the original 
petition has not expired. 8 C.F.R. § 214.2(o)(ll). The beneficiary was out of status at the time of filing. 
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NON-PRECEDENT DECISION 
Page 3 
The evidentiary criteria for aliens seeking classification as 0-1 aliens with extraordinary ability in 
I • 
the fields of science, education, business or athletics are set forth at 8 C.F.R. § 214.2(o)(3)(iii). 
Specifically, the petitioner must establish that the beneficiary meets the criteria at 8 C.F.R. 
§ 214.2(o)(3)(iii)(A), or three of the eight criteria set forth at 8 C.F.R. § 214.2(o)(3)(iii)(B). If the 
criteria do not readily apply to the beneficiary's occupation, the petitioner may submit comparable 
/evidence in order to establish the beneficiary's eligibility. 8 C.F.R. § 214.2(o)(3)(iii)(C). The 
evidence submitted must demonstrate that the beneficiary has earned sustained national or 
international acclaim and recognition for achievements in the field. 
' 
The regulation at 8 C.F.R. § 103.3(a)(1)(v) state, in pertinent part: 
An officer to whom an appeal is taken shall summarily dismiss any appeal when the 
party concerned fails to identify specifically any erroneous conclusion of law or 
statement of fact for the appeal. 
On appeal, the petitioner does not specifically identify an erroneous statement of fact or conclusion 
of law on the part of the acting director as a basis for the appeal but indicates that the petitioner will 
submit a brief and/or additional evidence. We have not received a brief or additional evidence. 
Therefore, the appeal will be summarily dismissed in accordance with 8 C.F.R. § 103.3(a)(1)(v). 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). Inasmuch as the petitioner has not identified specifically an erroneous conclusion of 
law or a statement of fact in support of the appeal, the petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed.