dismissed O-1A Case: Skeet Shooting

U.S. Citizenship 
and Immigration 
Services 
In Re: 15919488 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 5, 2021 
Form 1-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) 
The Petitioner seeks to extend the Beneficiary's classification as an 0-1 nonirnrnigrant, a visa 
classification available to individuals who can demonstrate their extraordinary ability through sustained 
national or international acclaim and whose achievements have been recognized in the field through 
extensive documentation. 1 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, determining that the Petitioner did 
not provide a sufficient contract with the Beneficiary . 
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 
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 work in the area of 
extraordinary ability. Department of Homeland Security (DHS) regulations define "extraordinary 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).2 
As relevant here, the regulation at 8 C.F .R. § 214.2( o )(2)(i) provides that a petition may only be filed 
by a United States employer, a United States agent, or a foreign employer through a United States 
agent. In addition, a United States agent may file a petition in cases involving workers who are 
traditionally self-employed or workers who use agents to arrange short term employment on their 
1 See! ! filed by a different petitioner and with a validity period of October 19, 2017 to January 1, 2020. 
2 See also Matter ofCha wathe, 25 I&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 ." 
behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act in 
its behalf. See 8 C.F.R. § 214.2( o )(2)(iv)(E). 
II. ANALYSIS 
In its initial cover letter, the Petitioner stated that it "is a citizen of the United States and seeks to 
represent [the Beneficiary] as a skeet-shooting competitor for the duration of his 0-1 petition." The 
Petitioner also submitted a document signed by both parties stating: 
This letter is to confirm [the Petitioner'] employment of [the Beneficiary] for the 
duration of the 0-1 visa petition. [The Beneficiary] will be training for and 
participating in competitive tournaments sanctioned by USA Shooting at my direction. 
In this position, [ the Beneficiary] will be compensated on a varying basis in conformity 
with our compensation plan. This contract will take effect beginning upon the approval 
of [the Beneficiary's] 0-1 visa petition and conclude on the expiration date of [the 
Beneficiary's] 0-1 visa. 
A United States agent may file a petition in cases involving workers who are traditionally self­
employed or workers who use agents to arrange short-term employment on their behalf with numerous 
employers, and in cases where a foreign employer authorizes the agent to act in its behalf. 8 C.F.R. 
§ 214.2(o)(2)(iv)(E). 3 A United States agent may be: 1) the actual employer of the beneficiary, 2) 
the representative of both the employer and the beneficiary, or 3) a person or entity authorized by the 
employer to act for, or in place of, the employer as its agent. Id. An agent performing the function of 
an employer must provide the contractual agreement between the agent and the beneficiary which 
specifies the wage offered and the other terms and conditions of employment of the beneficiary. 8 
C.F.R. § 214.2(o)(2)(iv)(E)(l). 
The Director determined that the contract did not comply with the regulation at 8 C.F.R. 
§ 214.2( o )(2)(iv)(E)(l) because it did not specify the wages offered, and it did not explain the terms 
and conditions under which the Beneficiary will perform his services. In response to the Director's 
request for evidence (RFE), the Petitioner offered a new contract, dated after the RFE, specifying four 
new shooting tournaments and stating that the Beneficiary "will be compensated at a rate of $1,000 
per month." However, the Director concluded that the Petitioner did not show that the parties had a 
valid and existing contract for employment at the time of initial filing of the petition. 
We agree with the Director's determination. The contract submitted at initial filing did not contain 
the specifics of the wages offered under the regulation at 8 C.F.R. § 214.2(0 )(2)(iv)(E)(l). Rather, the 
contract reflected a broad reference to wages, such as "[the Beneficiary] will be compensated on a 
varying basis in conformity with our compensation plan." Furthermore, the record does not show that 
the Petitioner provided the mentioned "compensation plan." Likewise, the contract did not contain 
other terms and conditions of the Beneficiary's employment other than general indications of the 
Beneficiary's training and participation. Although the Petitioner attempted to correct the deficiencies 
of the contract by offering a new contract in the RFE response, the Petitioner did not establish that the 
wage agreement and planned tournaments existed at the time of filing of the petition. A petitioner 
3 See also 2 USC1S Policy Manual M.3(C), https://www.uscis.gov/policymanual. 
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may not make material changes in an effort to make a deficient pet1t10n conform to USCIS 
requirements. See Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Comm'r 1998). The Petitioner 
must establish that all eligibility requirements for the immigration benefit have been satisfied from the 
time of filing and continuing through adjudication. See 8 C.F.R. § 103.2(b)(l). 
On appeal, the Petitioner claims that "[the Beneficiary] has been under contract with me since January 
1st, 2020" and provides copies of the front of five checks. First, the Petitioner blocked the dates and 
signatures on all of the checks. Second, the Petitioner did provide any corroborating evidence to show 
that he actually paid the Beneficiary, such as the endorsed sides of the checks, payroll information, or 
tax documentation. Third, the checks reflect the issuer as j I' Even if 
the Petitioner paid the Beneficiary, the Petitioner did not establish that he paid the Beneficiary for 
competing in or training for shooting tournaments rather than for working in some other capacity for 
.__ ________ __. other than as a shooter. Fourth, the checks range from $750 to $2,000, 
inconsistent with the RFE contract claiming $1,000 monthly compensation. Inconsistencies in the 
record must be resolved with independent, objective evidence pointing to where the truth lies. Matter 
of Ho, 19 I&N Dec. 582, 591-92 (BIA 1988). 
For the reasons discussed above, the Petitioner did not establish the Beneficiary's eligibility at the 
time of initial filing by submitting a contract that meets the requirements under 8 C.F.R. 
§ 214.2( o )(2)(iv)(E)(l ). 
III. CONCLUSION 
The Petitioner did not demonstrate that it qualifies as an agent performing the function of an employer. 
Consequently, the Petitioner did not establish its eligibility to act as an agent in order to seek the 
Beneficiary's 0-1 visa classification. The appeal will be dismissed for the above stated reasons, with 
each considered as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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