dismissed O-1A Case: Athletics

U.S. Citizenship 
and Immigration 
Services 
In Re: 16215738 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 7, 2021 
Form 1-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) 
The Petitioner, a non-profit arts organization, seeks to temporarily employ the Beneficiary as a 
basketball player and coach. To do so, the Petitioner seeks to classify the Beneficiary as an 0-1 
nonimmigrant of extraordinary ability in athletics. This classification is available to foreign nationals 
who can demonstrate their extraordinary ability through sustained national or international acclaim 
and whose achievements have been recognized in the field through extensive documentation. See 
Immigration and Nationality Act (the Act) section 101(a)(15)(O)(i), 8 U.S.C. § 1101(a)(15)(O)(i). 
The Director of the California Service Center denied the petition, concluding that the Petitioner did 
not satisfy, as required, the evidentiary criteria applicable to individuals of extraordinary ability, either 
a major, internationally recognized award or at least three of eight possible forms of documentation. 
8 C.F.R. § 214.2(o)(3)(iii)(A)-(B). 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
As relevant here, section 101(a)(15)(O)(i) of the Act establishes 0-1 classification for an individual 
who has extraordinary ability in the sciences, arts, education, business, or athletics that 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 to work in the area of extraordinary ability. Department of Homeland Security (OHS) 
regulations define " [ e ]xtraordinary 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." 8 C.F.R. § 214.2(o)(3)(ii). 
Next, DHS regulations set forth the evidentiary criteria for establishing a beneficiary's sustained acclaim 
and the recognition of achievements. 8 C.F.R. § 214.2(o)(3)(iii). First, a petitioner can demonstrate a 
beneficiary's sustained acclaim and the recognition of the individual's achievements in the field through 
evidence of a major, internationally recognized award, such as the Nobel Prize. 8 C.F.R. 
§ 214.2(o)(3)(iii)(A). If the petitioner does not submit this evidence, then it must submit sufficient 
qualifying evidence that meets at least three of the eight categories of evidence listed at 8 C.F.R. 
§ 214.2( o )(3)(ii i)(B)(l)-(8). 
The submission of documents satisfying the initial evidentiary criteria does not, in and of itself, 
establish eligibility for 0-1 classification. See 59 Fed. Reg. 41818, 41820 (Aug. 15, 1994) ("The 
evidence submitted by the petitioner is not the standard for the classification, but merely the 
mechanism to establish whether the standard has been met.") Accordingly, where a petitioner 
provides qualifying evidence satisfying the initial evidentiary criteria, we will determine whether the 
totality of the record and the quality of the evidence shows extraordinary ability in athletics. See 
section 101(a)(15)(o)(i) of the Act and 8 C.F.R. § 214.2(o)(3)(ii), (iii). 1 
II. ANALYSIS 
The Petitioner filed the Form 1-129, Petition for a Nonimmigrant Worker, and supporting 
documentation, seeking employment for the Beneficiary as a basketball player and youth basketball 
coach for a period of three years. The Beneficiar 's resume indicates that between 2012 and 2016 she 
competed as a basketball player on the women's teams of the professional women's 
basketball club I I and the women's ....._ _____ ___,Spanish national teams. 
Between 2014 and 2018, she competed as a basketball player while attendingl I 
University inl landl I University inl I On her 
resume, the Beneficiary indicated coaching duties between 2013 and 2020, including as a basketball 
school assistant coach fad la coacµ_at.a.vputh summer camp fo~ lin USA 
in Wisconsin, and a developmental league coach forl__JBasketball School inl I 
The Petitioner's initial submission included its rgned jgency agreement with the Beneficiary and 
signed offers of employment from the Petitioner Basketball School, and I I in USA, 
indicating her proposed duties will include performance in an online documentary about " professional 
female basketball players and their athletic careers," and as a basketball coach of young athletes. 
In denying the petition, the Director determined that the Beneficiary had not received a major, 
internationally recognized award at 8 C.F.R. § 214.2(o)(3)(iii)(A) or satisfied any of the criteria 
described at 8 C.F.R § 214.2(o)(3)(iii)(B). On appeal, the Petitioner maintains that it has provided 
evidence of a major, internationally recognized award and, alternately, that the Beneficiary meets five 
criteria. As discussed below, we find that the exhibits satisfy only one of the evidentiary categories 
described at 8 C.F.R. § 214.2(o)(3)(iii)(A)-(B). 2 
A. Major, Internationally Recognized Award 
The Petitioner maintains on appeal that the Beneficiary 's fourth place finish at the 20151 I I I Championship, gold medals at the 2015 and 2016 .... I _______ ____.I 
1 See also Matter of Chawathe, 25 l&N Dec. 369, 376 (AAO 2010), in which we held that, "truth is to be determined not 
by the quantity of evidence alone but by its quality." 
2 While the Petitioner previously claimed the Beneficiary's eligibility for high salary under 8 C.F.R 
§ 214.2(o)(3)(iii)(B)(8), it does not continue to do so on appeal, nor does the record support a finding that she meets it. 
Accordingly, we will not further address this criterion in our decision. 
2 
Championships: Division A, gold and bronze medals a,t_t_he_20_1_3_a_n_d_2_0_1_4.........., _______ ___J 
Championships: Division A, bronze medal at the 2014,___ ______ __, and gold medal at the 
2012 ~--------~ Championship: Division A constitute a major, internationally 
recognized award. 
The regulation at 8 C.F.R § 214.2(o)(3)(iii)(A) requires a beneficiary's '"receipt of a major, 
internationally recognized award, such as the Nobel Prize." Other examples that enjoy major, 
international recognition may include the Pulitzer Prize, the Academy Award, and an Olympic Medal. 
These major, internationally recognized awards are generally reported in the top media internationally 
regardless of the nationality of the awardees, reflect a familiar name to the public at large, or include 
a significant cash prize. While a major, internationally recognized award could conceivably not 
contain those elements, the award must be global in scope and internationally recognized in the field 
as one of the top awards. 
The Petitioner argues that the Beneficiary satisfies this criterion based on having "being selected on 
the National Team and ... leading the team to al !championship." Although the 
Petitioner documented the Beneficiary's receipt of medals, the Petitioner did not substantiate its 
arguments with independent evidence. The regulation requires "a major, intemational[ly] recognized 
award." The Petitioner did not present evidence, for example, establishing that the competitions or 
awards are widely reported by international media, are recognized by the general public, or garner 
attention comparable to other major, globally recognized awards such as Olympic medal winners. In 
addition, the Petitioner did not demonstrate how membership on the above-referenced teams is 
equivalent to receiving a major, internationally recognized award. Accordingly, the Petitioner has not 
demonstrated that the Beneficiary meets the requirements of a major, internationally recognized 
award. 
B. Evidentiary Criteria 
Documentation of the alien 's receipt of nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 8 C.F.R. § 214.2(o)(3)(iii)(B)(1). 
The Director found that the Petitioner did not satisfy this criterion. As discussed above, the Petitioner 
established that the Beneficiary received lesser internationally recognized awards for excellence as 
evidenced by her medals. Therefore, the Petitioner demonstrated that the Beneficiary meets this 
criterion, and the Director's determination on this issue will be withdrawn. 
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 national or international experts in their disciplines or fields. 
8 C.F.R. § 214.2(o)(3)(iii)(B)(2). 
The Director determined that the Petitioner did not establish that the Beneficiary satisfies this criterion. 
The Petitioner contends on appeal that the Beneficiary satisfies this criterion based on her selection, 
as a I I player, "to the Spanish National Team, to the professional 
basketball team (as a player and a coach), and being selected I las a U.S. collegiate player." 
The Petitioner references evidence of the Beneficiary's membership in those entities. 
3 
While an athletic team is not strictly speaking an "association," it is nonetheless equally true that an 
athlete can earn a place on a national or an Olympic team only through rigorous competition which 
separates the very best from the great majority of participants in a given sport. Therefore, an athlete's 
or coach's membership on an Olympic team or a major national team such as a World Cup team may 
serve to meet this criterion as such teams are limited in the number of members and have a rigorous 
selection process. We reiterate, however, that it is the Petitioner's burden to demonstrate that the 
Beneficiary meets every element of a given criterion, including that membership in the association is 
based on being judged by recognized national or international experts as having outstanding 
achievements in the field for which classification is sought. We will not presume that every national 
team is sufficiently exclusive. Membership requirements based only on employment or activity in a 
given field, minimum education or experience, standardized test scores, grade point average, 
recommendations by colleagues or current members, or payment of dues, do not satisfy this criterion, 
as such requirements do not constitute outstanding achievements. Further, the overall prestige of a 
given association is not determinative; the issue is membership requirements rather than the 
association's overall reputation. 
Here, the selection process for membership on the I lspanish national teams has not 
been explained. I II lot the Spanish Basketball Federation, 
the national federation for the sport, states that he was I r-t the 2016 Spanish National Team 
Din which the Beneficiary played, and which placed first at thel !championship. He also 
notes her membership in the 2012 Spanish National TeamD and the 2013 Spanish National Team 
D which won gold medals at tha._ __ ___,Championships. Although.__ _____ ___, praises 
the Beneficiary for her basketball experience and skills, he does not indicate that outstanding 
achievements, as judged by recoanized national or international experts, are required for membership 
with the Spanish nationall lbasketball teams. 
Similarlyj I the technical coordinator of state,s...1b.at.1b.e Beneficiary was 
part of his "exclusive and elite teams .... , winning twoL__J Championships -
in 2012 and in 2014, playing in the.__ ____ ___,categories, respectively," and worked as the 
teams' outh ractice coach, without discussing the membership requirements for thel I 
.__ ________ ._t=e=am:..:....:..:.;s.:....i.,-------' and I I athletic director and head coach, 
~ctively, at,___ ____ _.University indicate that the Beneficiary was named to thel I 
L__Jteam in her senior year, without providing the membershi, requirements. Here, the Petitioner 
did not provide evidence documenting that thel Jspanish national teams, thel I 
I I teams, or the I I team require outstanding achievements, as 
judged by recognized national or international experts consistent with the regulation at 8 C.F.R. 
§ 214.2(o)(3)(iii)(B)(2). 
Based on the above, the Petitioner did not show that the Beneficiary meets this criterion. 
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 class(fication is sought, 
which shall include the title, date, and author of such published material, and any 
necessary translation. 8 C.F.R. § 214.2(o)(3)(iii)(B)(3). 
4 
The Director determined that the Petitioner did not meet this criterion. The Petitioner claims media 
articles referencing the Beneficiary's achievements which qualify under this criterion were not given 
sufficient weight. The record, however, does not reflect that it provided published material about the 
Beneficiary in professional or major trade publications or other major media, which included the title, 
date, and author. First, we note that the documentation submitted by the Petitioner in support of this 
criterion includes translations of foreign language articles and an interview with the Beneficiary. The 
regulation at 8 C.F.R. § 103.2(b)(3) states: "Any document containing foreign language submitted to 
USCIS shall be accompanied by a full English language translation which the translator has certified 
as complete and accurate, and by the translator's certification that he or she is competent to translate 
from the foreign language into English." Here, the Petitioner submitted translations that do not 
comport with the regulation. Instead many translations are accompanied by blanket certifications for 
the "attached documents" that do not identify any specific document being translated. Other 
translations are uncertified. Finally, the translations do not represent the whole foreign language 
document but clearly omit sentences or passages from the foreign language document. Because these 
translations do not comply with 8 C.F.R. § 103.2(b)(3), they have significantly diminished probative 
value. 
In addition, the Petitioner provided articles from the print editions of Diario AS and El Mundo, and 
screenshots from various websites, such as FIBA, Federacio Catalana de Basquetbol, www.coe.es, 
Avance Deportivo, El Pais, www.zonarookie.com, www.masbasket.com, www.teldeporte.com, and 
www.devuestreobasket.com, reflecting coverage of basketball tournaments where the Beneficiary is 
simply mentioned or listed as a competitor. These screenshots are about basketball tournaments rather 
than about the Beneficiary. Articles that are not about a beneficiary do not meet this regulatory 
criterion. Cf., e.g., Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. Sept. 8, 2008) 
(upholding a finding that articles regarding a show are not about the actor). We also note that many 
of these articles do not provide the "author of the material," as required by the regulation. 
The Petitioner also submitted a 2014 newspaper article titled,___ __________ _. 
I t' and indicates that the source of the article is Gigantes Del Basket. The translated 
portion of the article provides that the Beneficiary, who participated in a 2014 cham ionshi 
and a 2012 I I Championship, plans to play basketball at "a university in,___ ___ ___, 
Because the article was not fully translated, we cannot determine that the article is about the 
Beneficiary. 
The Petitioner also provided articles about the Beneficiary from the websites.___ ____ ___, and 
I I that indicate that prior to her freshman year she won a bronze medal with 
the Spanish national team at the I I in China. However, the article from 
I I does not include the author, as required by the regulation. An additional article 
from www.solobasket.com relates that the Beneficiary is transferring from I !University to 
I University in I Ito study drama and continue playing basketball. An 
interview with the Beneficia~ from www.zonadostres.com discusses the Beneficiary's gold medal 
with,___ ____ ~ in the I 20141 !Championships. The interview is not 
accompanied by a full English language translation which the translator has certified as complete and 
accurate, and by the translator's certification that he or she is competent to translate from the foreign 
language into English. 8 C.F.R. § 103.2(b)(3). Further, the Petitioner did not provide supporting 
evidence indicating that the above publications qualify as major media. 
5 
For the aforementioned reasons, the Petitioner has not met its burden in demonstrating that the 
Beneficiary meets the requirements of this criterion. 
Evidence of the alien's original scientific, scholarly, or business-related contributions 
of major significance in the field. 8 C.F.R. § 214.2(o)(3)(iii)(B)(5). 
The Director determined the Petitioner's documentation was insufficient to establish that the 
Beneficiary's playing and coaching work constitutes original contributions of major significance in 
her field. On appeal, the Petitioner contends that the Beneficiary "has made original contributions by 
excelling and leading the Spanish National Team ." In order to satisfy this criterion, a petitioner must 
establish that not only has the beneficiary made original contributions but that they have been of major 
significance in the field. For example, a petitioner may support the record with evidence that a 
beneficiary's contributions have been widely implemented, have remarkably impacted or influenced 
the field, or have otherwise risen to a level of major significance in the field. 
As evidence under this criterion, the Petitioner offered several recommendation letters praising the 
Beneficiary's skills and experience in her sport, but they do not identify her particular contributions 
of major significance in the field. 3 For example] I a basketball scout who recruited the 
Beneficiary td I University, mentions her participation on Spain's 2015 and 2016 □ 
D 
Championship team, its 2013 I I Championship team, and its 2012 
Championship team. He also recounts her selection to the I I Team while 
competing torl !University and her coaching of young athletes, including tori I I I Regardless, the Petitioner has not demonstrated that the Beneficiary's accomplishments 
with the youth divisions of the Spanish national team orl I as an athlete or coach, 
rise to the level of original contributions of major significance in the field. I I, who competed 
with the Beneficiary on Spain'sl !Championship teams, describes her as 
"dedicated" and "one of the most natural and extraordinary talents on the court." In his above­
mentioned letterJ lstates that the Beneficiary is "the rare athlete with unparalleled abilities 
and a very adept understanding of what it takes to win." I I assistant coach at 
I !university, refers to the Beneficiary as an "immense talent." 
The letters of recommendation offered by the Petitioner primarily contain discussions of the 
Beneficiary's playing skills and coaching activities, and attestations of her status in the field without 
providing specific examples of how those contributions rise to a level consistent with major 
significance in the field. USCIS need not accept primarily conclusory statements. 1756, Inc. v. The 
US. Att'y Gen., 745 F. Supp. 9, 15 (D.D.C. 1990). Furthermore, uncorroborated statements from the 
Beneficiary's references are insufficient to demonstrate her eligibility. Cf. Visinscaia v. Beers, 4 F. 
Supp. 3d 126, 134-135 (D.D.C. 2013); see also Matter of Caron Int 'l, Inc., 19 l&N Dec. 791, 795 
(Comm'r 1988) (holding that an agency "may, in its discretion, use as advisory opinions statements 
... submitted in evidence as expert testimony," but is ultimately responsible for making the final 
determination regarding an individual's eligibility for the benefit sought). Without additional 
supporting evidence showing that the Beneficiary's work has been unusually influential, has 
substantially impacted her sport, or has otherwise risen to the level of original contributions of major 
3 Although we discuss a sampling of letters, we have reviewed and considered each one. 
6 
significance in playing or coaching basketball, the Petitioner has not established that the Beneficiary 
meets this regulatory criterion. Further, although the record contains certificates confirming the 
Beneficiary's designation as a I O I by the Higher Sports Council of Spain, the 
Petitioner has not demonstrated how the Beneficiary's designation as d I represents 
an original scientific, scholarly, or business-related contributions of major significance in the field. 
Upon review, the preceding letters of recommendation demonstrate that the Beneficiary's work has 
earned the respect and admiration of those with whom she has worked and collaborated, but these 
letters do not establish that she has made original scientific, scholarly, or business-related contributions 
of major significance in her field. Based on the foregoing, the Petitioner has not established the 
Beneficiary's eligibility under this criterion. 
Evidence 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. 
§ 214.2(o)(3)(iii)(B)(7). 
The Director determined that the Petitioner did not satisfy the criterion at 8 C.F.R. 
§ 214.2(o)(3)(iii)(B)(7). On appeal, the Petitioner maintains that the Beneficiary has been employed 
in a critical or essential capacity for "the Spanish National Team" as a "major contributor to its success 
in winning major international competition," and as a player and coach "for a very prestigious 
professional basketbal I teaml I 
The scope of this evidentiary criterion focuses on the relative importance of the Beneficiary's position 
within the scope of the organizations that have employed her. First, the evidence submitted does not 
establish that tr Beneficjarv's participation on Spain's 2015 and 20161 !Championship 
team, its 2013 ]championship team, and its 20121 !championship team 
was in a critical or essential capacity for the Spanish national basketball team as a whole, as claimed. 
Similarly, the documentation submitted does not show that the Beneficiary's participation onl I I b ?,O 12 and 2014 I Championship teams was in a critical or essential 
capacity fad las a whole. Not every athlete who performs effectively for a sports team 
meets this regulatory criterion. The Petitioner did not provide evidence documenting where the 
Beneficiary's position fell within the Spanish national basketball team's general hierarchy, or evidence 
that elucidates how her position in Spain's youth divisions differentiated her from the top-level 
basketball athletes on the Spanish national basketball team. The documentation submitted also did 
not establish where the Beneficiary's position fell within....._ _____ ___,s general hierarchy, or 
evidence that elucidates how her position in its youth divisions differentiated her from the top-level 
basketball athletes on the! I basketball team. Here, the evidence provided by the 
Petitioner does not establish that the Beneficiary was responsible for the success or standing of the 
Spanish national basketbal I team o~ I to a degree consistent with the meaning of "critical 
or essential capacity." 
Further, the Petitioner has not documented that the Beneficiary's coaching role for ..... l _____ ___, 
which her resume indicates was as an "Basketball School Assistant Coach," was critical or essential 
torl I This subordinate role is designed to provide assistance to a head coach or 
other more senior coach. The Petitioner's evidence does not demonstrate how the Beneficiary's role 
differentiated her from other coaches. 
7 
Finally, the letters of recommendation provided do not describe the manner in which the Beneficiary's 
role as an athlete or coach was critical or essential for those basketball teams. Although the above­
referenced letters from~------~and I I show her successful participp.1i.o.n...in, 
continental and regional competition with the youth divisions of the Spanish national team andl___J 
I lthey do not demonstrate, as claimed, that she contributed in an important way to the overal I 
success or standing of the Spanish national basketball team orl las a whole. While the 
Beneficiary has earned the admiration of her colleagues, the letters do not demonstrate that her 
successes are reflective of having been employed in a critical or essential capacity for an organization 
or establishment as required under this evidentiary criterion. Further, the record does not contain 
evidence sufficient to demonstrate thatl I has a distinguished reputation in the field. 
For these reasons, the Petitioner did not demonstrate that the Beneficiary meets this criterion. 
111. CONCLUSION 
The record does not establish that the Beneficiary has received a major, internationally recognized award 
under 8 C.F.R. § 214.2(o)(3)(iii){A) or that she meets at least three of the eight evidentiary criteria at 
8 C.F.R. § 214.2(o)(3)(iii)(B). Consequently, the Petitioner has not established that the Beneficiary is 
eligible for the 0-1 visa classification as an individual of extraordinary ability. 
ORDER: The appeal is dismissed. 
8