dismissed O-1A Case: Athletics

U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: LIN 04 157 52612 Office: NEBRASKA SERVICE CENTER Date: HAY 3 2~5 
PETITION: Petition for a Nonimmigrant Worker under Section 1 Ol(a)(15)(0)(i) of the Immigration and 
Nationality Act, 8 U.S.C. 5 1 10 1 (a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
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. 
kJ 
&Robert P. Wiernann, Director 
Administrative Appeals Office 
LIN 04 157 52612 
Page 2 
DISCUSSION: The nonimmigrant 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 is a ski resort operator. The petitioner seeks 0-1 classification of the beneficiary, as an alien with 
extraordinary ability in athletics under section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 8 1101(a)(15)(0)(i), in order to employ her in the United States as a general manager at their ski and 
snowboard school. 
The director denied the petition, finding that the petitioner failed to establish that the beneficiary is an alien of 
extraordinary ability as a general manager. 
On appeal, counsel for the petitioner submits a brief. 
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 regulation at 8 C.F.R. 3 214,2(0)(3)(ii) defines, in pertinent part: 
Extraordinary ability in the jeld 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. 
The regulation at 8 C.F.R. 8 214.2(0)(3)(iii) states, in pertinent part, that: 
Evidentiary criteria for an 0-I alien of extraordinary ability in thejelds of science, education, 
business, or athletics. An alien of extraordinary ability in the fields of science, education, 
business, or athletics must demonstrate sustained national or international acclaim and 
recognition for achievements in the field of expertise by providing evidence of: 
(A) Receipt of a major, internationally recognized award, such as the Nobel Prize; or 
(B) At least three of the following forms of documentation: 
(1) Documentation of the alien's receipt of nationally or internationally recognized prizes 
or awards d-br excellence in the field of endeavor; 
(2) Documeritation 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; 
LIN 04 157 52612 
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(3) 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 classification is sought, which 
shall include the title, date, and author of such published material, and any necessary 
translation; 
(4) Evidence of the alien's participation on a panel, or individually, as a judge of the work 
of others in the same or in an allied field of specialization to that for which classification 
is sought; 
(5) Evidence of the alien's original scientific, scholarly, or business-related contributions 
of major significance in the field; 
(6) Evidence of the alien's authorship of scholarly articles in the field, in professional 
journals, or other major media; 
(7) Evidence that the alien has been employed in a critical or essential capacity for 
organizations and establishments that have a distinguished reputation; 
(8) Evidence that the alien has either commanded a high salary or will command a high 
salary or other remuneration for services, evidenced by contracts or other reliable 
evidence. 
(C) If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's 
occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's 
eligibility. 
The beneficiary in this matter is a 55-year old native and citizen of Sweden. The evidence on the record indicates 
that the beneficiary last entered the United States as an H-2B nonimmigrant alien on November 25,2003. 
After a careful review of the record, it must be concluded that the petitioner has failed to overcome the 
grounds for denial of the petition. The record is insufficient to establish that the beneficiary is an alien with 
extraordinary ability in the proposed field of endeavor. 
On appeal, counsel for the petitioner submits a brief and asserts that the petitioner is seeking to classify the 
beneficiary as an individual of extraordinary ability in athletics, not in management. Counsel further states that 
the director erred in requiring the petitioner to establish that the beneficiary is an alien of extraordinary ability in 
management, rather than in athletics. 
In review, counsel's argument is not persuasive. The regulation at 8 C.F.R. tj 214.2(0)(2)(A)(1) states, in 
pertinent part: 
An 0-1 classification applies to an individual who has extraordinary ability in the sciences, . . . . 
education, business, or athletics which has been demonstrated by sustained national or 
LIN 04 157 52612 
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international acclaim and who is coming temporarily to the United States to continue work in the 
area of extraordinary ability. 
Emphasis added. 
The petitioner seeks to employ the beneficiary as a general manager at its ski and snowboarding school; therefore, 
the petitioner must establish that the beneficiary is an alien of extraordinary ability in management. 
The regulation at 8 C.F.R. 8 214.2(0)(3)(iii) indicates that an alien can establish sustained national or international 
acclaim through evidence of the receipt of a major, internationally recognized award. Barring the alien's receipt 
of such an award, the regulation outlines eight 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. The petitioner has 
submitted evidence, which, it claims, meets the following criteria. 
Documentation of the alien 's receipt of nationally or internationally recognized prizes or awards for excellence 
in thejeld of endeavor. 
For criterion number one, the petitioner stated that the beneficiary won first place in the 1973 National Swedish 
Downhill Championship in Are and is a former member of the Swedish National Ski Team. 
These awards may be evidence of the beneficiary's acclaim as an athlete, but not as a manager, the field of 
intended employment. The beneficiary does not satisfy this criterion. 
Documentation of the alien's membership in associations in the jeld for which classijcation is sought, which 
require outstanding achievements of their members, as judged by recognized national or international experts in 
their disciplines orjelds. 
For criterion number two, the petitioner asserts that the beneficiary's membership in the Swedish Alpine Training 
group in the years 1969 through 1971 satisfies this criterion. The petitioner submitted a translated letter from the 
Swedish Ski Association that states "only the very best in the country are selected for the training." The 
petitioner submitted a letter from the training manager at the Vail and Beaver Creek Ski and Snowboard Schools 
that states: 
All major winter sport nations have Demonstration Teams. Members of these groups are leaders of 
the ski teaching profession in their respective countries and represent their organizations at national 
and international instructor events, culminating in "Interski," the renowned international educational 
event that occurs every four years. Demonstration team selection is a rigorous exam process from 
which . . . the best instructors in the world are chosen. All ski schools regard Demonstration Team 
Members as outstanding teachers and extraordinary contributors to their operations. 
Again, this evidence does not establish the beneficiary's eligibility for 0-1 classification in the field of 
management. 
LW 04 157 52612 
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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 clmsijkation is sought, which shall include the title, date, and author of such 
published material, and any necessavy translation. 
The petitioner submitted four articles relating to the beneficiary's work as a professional skier and a ski instructor. 
This evidence does not establish the beneficiary's eligibility for 0-1 classification in the field of management. 
Evidence of the alien 's participation on apanel, or individually, as a judge of the work of others in the same or in 
an alliedJield of specialization to that for which classiJication is sought. 
The director determined that the petitioner established that the beneficiary's experience as an examiner and chief 
examiner for the New Zealand Ski Instructors Alliance relates to the job offered by the petitioner. The director 
determined that the beneficiary satisfies this criterion. This portion of the director's decision will be withdrawn. 
The record fails to show that the beneficiary was selected to judge the work of others on the basis of her acclaim. 
She was not judging the work of her peers, but rather, of her subordinates. The beneficiary's work evaluating 
others in this capacity is not indicative of the beneficiary's sustained acclaim. She evaluated the work of others as 
an integral part of her job. The evidence is insufficient to establish that the beneficiary satisfies this criterion. 
More importantly, the beneficiary's experience as an examiner does not relate to the prospective field of 
endeavor, management. The beneficiary does not satisfy this criterion. 
Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments 
that have a distinguished reputation. 
For criterion number seven, the petitioner asserts that as a member of Sweden's and New Zealand's 
Demonstration Teams, and as Team Manager for the New Zealand Demonstration Team, the beneficiary played a 
critical or essential role for organizations that have a distinguished reputation. Again, the beneficiary's 
participation on Demonstration Teams is not related to her future field of endeavor, management; therefore, the 
beneficiary does not satisfy this criterion. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 9 1361. 
Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed.