dismissed O-1A Case: Synchronized Swimming

.identifying data deleted to 
prevent clearly unwarranted 
invasion sf pemal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave. N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 06 095 50306 Office: TEXAS SERVICE CENTER Date: JAN 2 4 at7 
PETITION: 
 Petition for a Nonimmigrant Worker under Section 10 1 (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: 
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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 06 095 50306 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Texas Service Center, and 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
beneficiary is a synchronized swimming instructor and coach. The petitioner seeks nonirnrnigrant 
classification of the beneficiary, as an alien with extraordinary ability in athletics under section 
101 (a)(ls)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 101 (a)(15)(0)(i), in 
order to employ her in the United States as a synchronized swimming coach and judge forfor a 
period of three years at an hourly wage of eight dollars. 
The director denied the petition, finding that the petitioner failed to establish that the beneficiary has 
received sustained national or international acclaim and is one of the small percentage who have risen to 
the very top of her field of endeavor. 
On appeal, counsel submits a brief and additional evidence. 
Section 1 0 1 (a)(15)(0)(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 1 0 1 (a)( 1 5)(0)(i) of the Act, 8 U. S .C. tj 1 1 0 1 (a)( 1 5)(O)(i). 
The regulation at 8 C.F.R. 8 2 14.2(0)(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 regulation at 8 C.F.R. tj 2 14.2(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 of the following forms of documentation: 
(I) Documentation of the alien's receipt of nationally or internationally 
recognized prizes or awards for excellence in the field of endeavor; 
SRC 06 095 50306 
Page 3 
(2) 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; 
(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 (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 Colombia who claims to have won team 
competitions as synchronized swimmer in the past. Given the nexus between competing and 
coaching, in a case where an alien has clearly achieved national or international acclaim as an athlete 
and has sustained that acclaim in the field of coaching at a national 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 as an 
athlete. 
SRC 06 095 50306 
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Counsel claims that the beneficiary represented Colombia in team synchronized swimming events 
fiom 1974 to 1984 and won two team silver medals at the South American Games in Buenos Aires, 
Argentina and the Central American Games in Medellin, Colombia. The petitioner submitted a 
certification Erom the National Swimming Federation of Colombia dated May 25, 2005, which states 
that the beneficiary "represented and participated in several departmental and national events, and 
she represented Colombia in international synchronized swimming championships." The 
certification does not identify any individual competitions in which the beneficiary participated or 
won medals and is insufficient to support counsel's claim. The petitioner submitted no other 
evidence of the beneficiary's alleged athletic achievements and counsel states that the beneficiary 
does not have proof because the events occurred many years ago. 
Even if the petitioner had submitted primary evidence of the beneficiary's alleged silver medals, the 
record does not establish that silver medals fiom the South American Games or the Central 
American Games are major, internationally recognized awards. The record also does not indicate 
that the beneficiary has instructed, trained or coached any synchronized swimmers who have won 
major, international1 
 The evidence indicates that the beneficiary's most 
successhl trainee is 
 (the beneficiary's niece), who placed 25" in the 1997 Junior 
World 
 the 1997 Joumees d 'Automne. The record is devoid of 
any evidence that either of these achievements are major, internationally recognized awards. 
Accordingly, the beneficiary does not meet the criterion at 8 C.F.R. 5 214.2(0)(3)(iii)(A) and we will 
evaluate her eligibility under the relevant criteria at 8 C.F.R. 5 214.2(0)(3)(iii)(B). Counsel does not 
claim that the beneficiary meets any criteria not discussed below. 
(I) Documentation of the alien 's receipt ofnationally or internationally recognizedprizes or awards for 
excellence in theJield of endeavor. 
As discussed above, the record does not sufficiently document the beneficiary's alleged receipt of 
two team silver medals for synchronized swimming at international competitions in Central and 
South America. In addition, counsel claims that the beneficiary received the silver medals sometime 
between 1974 and 1984, which was 22 and 12 years before this petition was filed. Hence, even if 
the beneficiary's alleged awards were documented, they would not demonstrate the requisite 
sustained national or international acclaim. 
The record also does not show that the beneficiary has instructed, trained or coached any 
synchronized shmmers who have won nationally or internationally recognized prizes or awards. 
The record shows that the beneficiary trained who placed second at the 1997 
Journees d 'Automne, but the petitioner at this competition is nationally or 
internationally recognized. Moreover, Ms. received her award in December 1997, nearly a 
decade before this petition was filed. Consequently, the award, even if nationally or internationally 
recognized, does not demonstrate the sustained national or international acclaim of the beneficiary. 
Accordingly, the beneficiary does not meet this criterion. 
SRC 06 095 50306 
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(2) Documentation of the alien S membership in associations in the $eld for which classz~cation is 
sought, which require outstanding achievements of their members, as judged by recognized national or 
international experts in their disciplines or fields. 
Counsel claims the beneficiary meets this criterion through her membership in Federation 
Internationale de Natation (FINA) and Synchro Swimming USA. The record does not support this 
claim. The record shows that the beneficiary has been a FINA Category G synchronized swimming 
judge since 1999. A letter dated May 9,2006 from FINA Executive Director, Cornel Marculescu and a 
May 5, 2006 letter fi-01- Executive Director of, explain that 
-- 
FINA is the world governing body for all aquatic disciplines with national members from 192 countries. 
FINA has three levels of judging certification. The first and lowest level is "G for General List. 
Individuals in the G category may judge the Junior World Championships, the World Cup and 
continental championships such as the Pan American Games. To become a Category G judge, an 
individual must have judged at a minimum of two international competitions. The second, or middle 
level is "B." Individuals in the B category may judge at all international events except for the World 
Championships and the Olympic Games. The thlrd and highest level of FINA certification is "A," 
which qualifies an individual to judge all competitions including the World Championships and the 
Olympic Games. 
On appeal, the petitioner submits a letter dated July 17, 2006 
 Honorary 
Secretary of the Technical Synchronized Swimming Committee. Ms 
demonstrate "quality judging." 
remain on the list of FINA judges, individuals must attend international competitions and clinics and 
Ms. -notes that the beneficiary's "activities ha[ve] increased 
significantly and she can come up for cons1 eration to move to elite judge status in September." We 
cannot consider the beneficiary's eligibility for future elite judge status. A visa petition may not be 
approved based on speculation of future eligibility or after the beneficiary becomes eligible under a 
new set of facts. See Matter of Michelin Tire Corp., 17 I&N Dec. 248 (Reg. Comm. 1978); Matter 
owatigbak, 14 I&N Dec. 45,49 (Comm. 1971). 
The record shows that the beneficiary holds the lowest level of judge certification in FINA, whch 
requires only that the individual has judged at least two international competitions. The record does not 
indicate that judging two international synchronized swimming competitions is an outstanding 
achievement in the beneficiary's field. 
The petitioner submitted a print out of an electronic message confirming her "Technical" membership 
in since January 6,2006, exactly one month before this petition was filed. In 
her letter,  states that the beneficiary's presence in the United States "is a significant asset to 
U. S. Synchronized Swimming," but Ms ndicates that the beneficiary has not yet been certified 
as a judge by the U.S. organization. is also devoid of any evidence that Technical 
membership in U.S. Synchro Swimming requires outstanding achievements. 
 Accordingly, the 
beneficiary does not meet this criterion. 
SRC 06 095 50306 
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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. 
The petitioner submitted copies of two articles from French publications, whlch purportedly discuss the 
beneficiary's trainee, The articles are accompanied by 
 handwritten English 
translations. 
 Any document contrumng 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. 5 103.2@)(3). Because the petitioner failed 
to submit certified translations of the articles, 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. The record contains no other published material about the beneficiary or any 
athletes that she has instructed, trained or coached. Consequently, the beneficiary does not meet this 
criterion. 
(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 alliedfield of specialization to that for which classijkation is sought. 
The record shows that the beneficiary judged numerous national and international synchronized 
swimming championships in France at the junior and senior levels between 1999 and 2005. The 
director did fully assess the relevant evidence of the beneficiary's judging, which meets this criterion. 
(5) Evidence of the alien S original scientiJic, scholarly, or business-related contributions of major 
significance in the field. 
The petitioner submitted a copy of a training manual created by the beneficiary to fulfill a requirement 
for her French degree in sports education. The manual is printed in French and was not accompanied 
by a certified English translation, as required by the regulation at 8 C.F.R. 5 103.2@)(3). Because the 
petitioner failed to submit a certified translation of the document, we cannot determine whether the 
evidence supports the petitioner's claim. Accordingly, the evidence is not probative and will not be 
accorded any weight in this proceeding. The record is also devoid of any evidence that the 
beneficiary's manual has been recognized in her field as an original contribution of major significance. 
The petitioner submitted no other evidence of original contributions of major significance that the 
beneficiary has made to her field. Consequently, the beneficiary does not meet this criterion. 
The record does not establish that the beneficiary has extraordinary ability in athletics, which has been 
demonstrated by sustained national or international acclaim, and that the beneficiary's achievements 
have been recognized in her field through extensive documentation, as required by section 
101 (a)(15)(0) of the Act. The petitioner submitted no evidence that the beneficiary or any athlete that 
she has instructed, trained or coached has received a major, internationally recognized award and the 
documentation submitted does not meet at least three of the eight evidentiary criteria specified in the 
SRC 06 095 50306 
Page 7 
regulation at 8 C.F.R. 5 214.2(0)(3)(iii)(B). 
 Consequently, the beneficiary is not eligible for 
nonirnmigrant classification under section 10 1 (a)(15)(0) of the Act and the petition must be denied. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. 8 136 1. Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed.