dismissed O-1A Case: Ski Coaching

PUBLIC COpy 
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 Immigration 
Services 
DATE: DEC! 2 2011 Office: CALIFORNIA SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(O)(i) of the Immigration and 
Nationality Act, 8 U.S.c. § 1101(a)(15)(O)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions mus.t be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO 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 non-profit organization dedicated to the 
development of young ski racers. It seeks to employ the beneficiary in the position of Head Coach F.I.S. Team 
Athletes for a period of six months. 
The director denied the petition on February 28, 2011, concluding that the petitioner failed to establish that the 
beneficiary has achieved sustained national or international acclaim as a ski coach or instructor or that he is 
among the small percentage at the very top of his field. The director determined that the evidence submitted did 
not meet the applicable evidentiary criteria at 8 C.F.R. § 214.2(0)(3)(iii)(A) or (B). In denying the petition, the 
director observed that the petitioner documented the beneficiary's qualifications as an athlete and competitor in 
skiing, but offered no evidence of the beneficiary's qualifications as a coach. 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded 
the appeal to the AAO for review. On the Form I-290B, Notice of Appeal or Motion, counsel for the petitioner 
notes the grounds for denial and asserts: "[The petitioner] acknowledges that it has the burden of proving by a 
preponderance of the evidence that [the beneficiary] satisfies the criteria and is eligible for 0-1 classification." 
Counsel indicated that the petitioner would submit, within 30 days of submission of the Form I-290B, "additional 
evidence to establish that [the beneficiary] is eligible for classification as an alien of extraordinary ability in 
athletics in the capacity of a coach." 
Counsel filed the Form 1-290B on April 4, 2011 and has not yet submitted a brief or additional evidence in 
support of the appeal to the AAO. Accordingly, the record will be considered complete. 
Section 101(a)(15)(O)(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 Congo 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(0)(3)(ii). 
The regulation at 8 C.F.R. § 214.2(o)(3)(ii) defines, 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. 
The evidentiary criteria for aliens seeking classification as 0-1 aliens with extraordinary ability in the fields 
of science, education, business or athletics are set forth at 8 C.F.R. § 214.2(0)(3)(iii). Specifically, the 
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petitioner must establish that the beneficiary meets the criteria at 8 C.F.R. § 214.2(0)(3)(iii)(A), or three of the 
eight criteria set forth at 8 C.F.R. § 214.2(0)(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(0)(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. 
Regulations 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 director as a basis for the appeal. In fact, in his brief statement on the Form I-290B, counsel does 
not specifically object to the denial of the petition, but rather, indicates that the petitioner will submit additional 
evidence in order to satisfy its burden of proof by the preponderance of the evidence standard. No additional 
evidence has been submitted. Therefore, the appeal will be summarily dismissed in accordance with 8 C.F.R. 
§ 103.3(a)(1)(v). 
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. Inasmuch as the petitioner has failed to identify 
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.