dismissed O-1A Case: Brazilian Jiu-Jitsu

identifyingdat,adeletedto
preventclearlyunwarranted
invasionofpersonalpnvacy
U.S. Department of Homeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
PUBLICCOpy
FILE: EAC 05 251 50742 Office: VERMONT SERVICE CENTER Date: (£f 25 2007
INRE: Petitioner:
Beneficiary:
o Section 101(a)(15)(O)(i) of the Immigration and
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.
~~~
/- - Administrative Appeals Office
www.uscis.gov
EAC 05 251 50742
Page 2
•
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Vermont Service Center.
The matter is now before the Administrative Appeals Office (AAO) on appeal. The decision of the
director will be affirmed and the petition will be denied.
The petitioner is a (hereinafter "BJJ") I athlete. The petitioner seeks nonimmigrant
classification of the beneficiary, as an alien with extraordinary ability in athletics under section
101(a)(15)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1101(a)(l5)(O)(i), in order
to employ him in the United States on a full-time basis as a BJJ coach and trainer for a period of three
years at yearly salary of $18,000.
On April 17, 2006, the director denied the petition finding that the petitioner had failed to demonstrate
that the beneficiary has sustained national or international acclaim as a coach and trainer and that he is an
alien of extraordinary ability in athletics. The petitioner submitted a timely appeal.
Section 101(a)(l5)(O)(i) of the Act provides nonimmigrant 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. Section 101 (a)(15)(O)(i) oftheAct, 8 U.S.C. § 1101(a)(15)(O)(i).
The regulation at 8 C.F .R. § 214.2(0)(3)(ii) provides the following pertinent definition:
Extraordinary ability in the field ofscience, 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. § 214.2(0)(3)(iii) states, in pertinent part:
Evidentiary criteria for an 0-1 alien of extraordinary ability in the fields 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 ofthe following forms of documentation:
(1) Documentation of the alien's receipt of nationally or internationally recognized
prizes or awards for excellence in the field of endeavor;
I Evidence submitted by the petitioner variously refers to BJJ as
EAC 05 25i 50742
Page 3
(2) Documentation ofthe 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;
(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 ofmajor 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 (0)(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.
Major, internationally recognized award.
The beneficiary in this case is a native and citizen of Brazil who the petitioner claims has won
numerous BJJ championships. Although the petitioner seeks to employ the beneficiary as a BJJ
coach and trainer, we will consider the evidence of the beneficiary's purported achievements as an
athlete. Given the nexus between competing and coaching, in cases where aliens have clearly
achieved national or international acclaim as athletes and have sustained that acclaim in the field of
coaching at a national or international level, an adjudicator may consider the totality of the evidence
as establishing an overall pattern of sustained acclaim and extraordinary ability. In this case, however,
the record does not establish the beneficiary's alleged achievements either as an athlete or as a coach
or trainer.
EAC 05251 50742
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The petitioner claims the beneficiary has won the following championship titles:
• l" Place BJJ National Champion 1996,1999,2000
• 1 s tPlace BJJ National Teams Champion 2000
• 1 st Place BJJ Pan American Championships 1996, 2000
• 2 nd and 3rd Place BJJ World Championships 1998, 1999
• 1 st Place BJJ American Championships 2003
• l" Place Florida Sunshine State Games Champion (Judo) 1998
• Finalist (4 thPlace) BJJ World Championships 2001, 2002, 2003
• 1 st Place Rio de Janeiro BJJ State Championships 1989, 1991, 1993
• 1slPlace Miami Dade, Florida Judo Open
As evidence of the beneficiary's awards, the petitioner submitted photographs of seven medals, a
copy of a diploma from the and a certificate from the
International .. The photographs of the medals, however, do not list the
beneficiary's name as the recipient of the award and the record contains no other documentary
evidence of the petitioner's receipt of the claimed awards. Further, the diploma and certificate were
submitted without English translations. Any document containing a foreign language that is submitted to
Citizenship and Immigration Services (CIS) must be accompanied by a full English 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). Because the
petitioner failed to submit certified translations of the documents, we cannot determine whether the
evidence supports the petitioner's claim. Id. Accordingly, the evidence is not probative and will not be
accorded any weight in this proceeding.
Accordingly, the beneficiary does not meet the criterion at 8 C.F.R. § 214.2(0)(3)(iii)(A) and we will
evaluate his eligibility under the relevant criteria at 8 C.F.R. § 214.2(0)(3)(iii)(B). The petitioner
does not claim that the beneficiary meets any criteria not discussed below.
(1) Documentation ofthe alien's receipt ofnationally or internationally recognized prizes or awards for
excellence in the field ofendeavor. .
As discussed above, although the petitioner claims that the beneficiary has won more than a dozen
national or international championships, the record fails to sufficiently document these purported
achievements. The record is not supported by primary evidence of the beneficiary's awards. Rather,
the petitioner has submitted copies of awards which do not show the beneficiary's name and
uncertified copies of a diploma and a certificate issued to the beneficiary.
The record is also devoid of any evidence that the beneficiary has trained or coached any BJJ athletes
who have won nationally or internationally recognized prizes or awards for excellence in their field.
Accordingly, the petitionerhas failed to establish that the beneficiary meets this criterion.
EAC 05 251 5074 2
PageS
(2) Docum entation of the alien's membership in associations in the field for which classification is
sought, which requ ire outstanding achievements oftheir members, as judged by recognized national or
international experts in their disciplines orfi elds.
Counsel claims that the beneficiary meets this criterion through his certification as a black belt and an
instructor in the International Brazilian Jiu Jitsu Federation (IBJJF) . The record does not support
counsel's claims for two reasons. First , although the record contains a letter from •••••••
President of the IBJJF, which indicates that the beneficiary is certified by the IBJJF as a black belt, the
record does not contain primary documentation of this certification or an explanation as to why such
primary documentation is not available. Second, and more importantly, the record contains no evidence
that black belt certification by the IBJJF constitutes membership in IBJJF . For example, the petitioner
submitted no evidence of the membership criteria for the IBJJF.
Counsel further claim s that the beneficiary meets this criterion through his membership in the_
_ Team and the BJJ National Team . Again, however, the record is devoid of primary
evidence which dem onstrates that the beneficiary is a member of either of these teams. We note that
although the record cont ains a printout from an Internet page upon which someone has written "Black
Belt team," the printout is in Portuguese and does not contain the requisite translation per 8 C .F.R.
§ 103.2(b)(3). The record contains no other documentary evidence to support counsel's claims regarding
the beneficiary 's membership on either of these teams. The unsupported assertions of counsel do not
constitute evidence. Matter of Obaigbena, 19 I&N Dec . 533, 534 n.2 (BIA 1988); Matter of
Laureano, 19 I&N Dec. 1,3 n.2 (BIA 1983) ; Matter ofRamirez-Sanch ez, 17 I&N Dec . 503, 506 (BIA
1980). Moreover, even if the record contained a proper translation and evidence that the beneficiary is
a member of these teams, this evidence would not be sufficient to establish that the beneficiary's
memberships were based upon his outstanding achievements , as judged by recognized national or
international BJJ experts.
Accordingly, the petitioner has failed to establish that the beneficiary meets this criterion.
(3) Published material in professional or major trade publications or major media about the alien,
relating to the a lien 's work in the field for which classification is sought. which shall include the title,
date, and author ofsuch published material, and any necessary translation.
The record contains copies of several photographs of the beneficiary in magazines such as Submission
Fighter and . These phot ographs, however, are not "about" the beneficiary, but rather
capture the beneficiary at a particular instance during competition. Although we do acknowledge articles
printed i~that appear to be about the beneficiary, the articles are not in English and are
not accompanied b y a full and complete translation of the entire article as required by 8 C.F .R.
§ 103.2(b)(3). The record also contains a translated article from the Jornal dos Sports. However, while
the article can be con sidered "about" .he beneficiary, it was written more than 18 years ago when the
petitioner was 1 1 years old . Accorr' mgly, the article carries little probati ve value in establishing the
beneficiary's sustained acclaim. Fi tally, the petitioner submitted copies of two documents written in
Korean that contain photographs Of the beneficiary. However, these documents were submitted without
EAC 05 251 50742
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English translations. Because the petitioner failed to submit certified translations of the documents, we
cannot determine whether the evidence supports the petitioner's claim. See 8 C.F.R. § 103.2(b)(3).
Accordingly, the evidence is not probative and will not be accorded any weight in this proceeding. Id.
Most significantly, the petitioner has failed to show that any of the magazines discussed above in which
the beneficiary has appeared are considered to be major trade publications or major media.
The record contains no other published material about the beneficiary or any athletes that he has
instructed or coached. Consequently, the petitioner has failed to establish that the beneficiary meets this
criterion.
The record does not demonstrate that the beneficiary has won a major, internationally recognized award
pursuant to the regulation at 8 C.F.R. § 214.2(0)(3)(iii)(A) or that he has satisfied any of the alternative
evidentiary criteria at 8 C.F.R. § 214.2(0)(3)(iii)(B). In sum, the petitioner has not established that the
beneficiary has achieved sustained national or international acclaim as a BJJ instructor and coach and is
one of the small percentage of individuals who have risen to the very top of his field. Accordingly, the
beneficiary is not eligible for nonimmigrant classification as an alien with extraordinary ability in
athletics under section 101(a)(l5)(O)(i) of the Act and the petition must be denied. The April 17,2006
decision of the director will be affirmed.
The petition will be denied for the above stated reasons, with each considered as an independent and
alternative basis for denial. In visa petition proceedings, the burden of proving eligibility for the
benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. Here,
that burden has not been met.
ORDER: The April 17,2006 decision of the director is affirmed. The petition is denied.