dismissed O-1A Case: Table Tennis

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-0-A-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 8, 2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a school, seeks to temporarily employ the Beneficiary as a table tennis coach. To do so, 
the Petitioner seeks 0-1 nonimmigrant visa classification, available to foreign nationals who can 
demonstrate their extraordinary ability through sustained national or international acclaim and whose 
achievements have been recognized in the field through extensive documentation. See Immigration 
and Nationality Act (the Act) section 101(a)(l5)(0)(i), 8 U.S.C. § 1101(a)(l5)(0)(i). 
The Director of the Vermont Service Center denied the petition, concluding that the Petitioner did 
not satisfy, as required, the alternative evidentiary criteria applicable to individuals of extraordinary 
ability in athletics, either a major, internationally recognized award or at least three of eight possible 
forms of documentation. 8 C.F.R. § 214.2(o)(3)(iii)(A)-(B). 
On appeal, the Petitioner provides additional evidence and asserts that the Beneficiary meets the 
regulatory requirements for 0-1 classification. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
As relevant here, section 101 ( a)(15)(0)(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). 
Next, DHS regulations set forth alternative evidentiary criteria for establishing a beneficiary's 
sustained acclaim and the recognition of achievements. A petitioner may submit evidence either of 
"a major, internationally recognized award, such as a Nobel Prize:' or of at least three of eight listed 
categories of documents. 8 C.F.R. § 214.2(o)(3)(iii)(A)-(B). And if the petitioner demonstrates that 
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Matter C?fP-0-A-
the listed criteria do not readily apply to the beneficiary's occupation, it may submit comparable 
evidence to establish eligibility. 8 C.F.R. § 214.2(o)(iii)(C). 
The submission of documents satisfying the initial evidentiary criteria does not, in and of itself 
establish eligibility for 0-1 classification. See 59 Fed. Reg. 41818 , 41820 (Aug. 15, 1994). In 
Matter (~(Chawathe. 25 I&N Dec. 369, 376 (AAO 201 0), we held that , "truth is to be determined not 
by the quantity of evidence alone but by its quality.' ' That decision explains that , pursuant to the 
preponderance of the evidence standard, we "must examine each piece of evidence for relevance. 
probative value, and credibility, both individually and within the context of the totality of the 
evidence, to determine whether the fact to be proven is probably true.'' !d. Accordingly. where a 
petitioner provides qualifying evidence under 8 C.P.R. § 214.2(o)(3)(iii), we will determine whether 
the totality of the record shows eligibility under section 101(a)(l5)(o)(i) of the Act and 8 C.F.R. 
§ 214.2(o)(l )(ii). 1 
II. ANALYSIS 
Absent evidence of a major, internationally recognized award , the Petitioner seeks to demonstrate 
the Beneficiary 's sustained acclaim and recognition of achievements through evidence 
corresponding to the eight regulatory criteria. The Director determined that the Beneficiary did not 
satisfy any of the evidentiary criteria described at 8 C.F.R § 214.2(o)(3)(iii)(B). The Petitioner 
maintains that the documentation satisfies at least three of those criteria . As discussed beiO\v. we 
find that the exhibits do not satisfy any of the evidentiary categories described at 8 C.F.R. 
§ 214.2(o)(3)(iii)(B). 
Documentation of the alien's receipt o.f nationally or internationally recoxnized prizes 
or awardsfhr excellence in the field o.fendeavor. 8 C.F.R. § 214.2( o )(3 )(iii)(B)(l). 
The Petitioner maintains that the Beneficiary satisfies 
this criterion because she was a member of the 
table tennis team, which finished fourth in the 2009 
In addition, the Petitioner contends that this "table tennis championship 
sponsored by the is a national event and its 
awards are national awards." The record includes information about the 
the 2009 women's 
team championship bracket reflecting fourth place , profiles of two other 
athletes who were singles champions at the and the 2009 
program booklet. The Petitioner, however, must demonstrate 
that the Beneficiary received "prizes or awards for excellence" and that they are "nationally or 
internationally recognized" for excellence in her field. The aforementioned evidence is not 
sufficient to demonstrate that the Beneficiary's team's fourth place result is a nationally or 
internationally recognized prize or award for excellence in her sport. 
1 While not at issue here, there are other evidentiary requirements for 0 foreign nationals, including documentation 
relating to the terms of the proposed employment and the nature of the activities and events in which the beneficiary will 
participate. 8 C.F.R. § 214.2(o)(2)(ii). 
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Matter of P-0-A-
Furthermore, the Petitioner asserts that the Beneficiary's 47th ranking among female members of 
m 2015 meets this regulatory criterion. 
The Petitioner has not shown, however, that this points rating is a nationally or 
internationally recognized prize or award in table tennis. 
The record also contains copies of certificates the Beneficiary received for placing third in' 
_ _ (200 1 ), contributing to the 
table tennis team (2009), qualifying as a Chinese · 
(2002), and placing third in the women's team category at the table tennis 
championships (2006). In addition, the Petitioner provides the Beneficiary's certificates for winning 
second place in the 
(2002), placing first in the 
(2002), finishing first in the " 
(2004 ), and earning the 
championships (2006). The Petitioner, however, does not offer information regarding the 
aforementioned certificates or supporting evidence, such as the pool of individuals competing or the 
level of attention they attract within the field, to demonstrate that they are nationally or 
internationally recognized prizes or awards for excellence in the Beneficiary's sport. The Petitioner 
has not established therefore that the Beneficiary meets this criterion. 
Documentation of the alien ·s membership in associations in the field for which 
class(fication is sought. which require outstanding achievements oltheir members. as 
judged by recognized national or international experts in their disciplines or fields. 
8 C.F.R. § 214.2(o)(3)(iii)(B)(2). 
The Petitioner asserts that the Beneficiary's 
and 
47th player ranking, 
meet this 
membership in the 
international experts. 
regulatory criterion. The record, however, does not show that player 
requires outstanding achievements, as judged by recognized national or 
With respect to the Beneficiary's and the 
Petitioner provided a document entitled 
' that lists the requirements for the Individuals must pass a club 
coach written test, hold affiliate membership for at least two years, have earned a minimum 
estimated rating of 1400, complete a Form for club coach, and submit a certification 
fee to On appeal, the Petitioner points to statements from coach at the 
and Director of Operations for 
indicating that there are only approximately certified female table tennis coaches in the United 
States. In addition, regarding the Beneficiary's the 
record includes information from the website indicating that candidates are required to: 
attend a 24-hour course conducted by an approved instructor, give a 1 0-minute coaching 
practical presentation, and complete 30 hours of coaching practice- including five hours supervised 
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Matter of P-0-A-
by the The record does not show, however, that the aforementioned 
requirements for and rise to the level of outstanding achievements in 
table tennis? Without evidence demonstrating that attaining in the 
and the is due to a determination of outstanding achievements, as judged by national 
or international experts in table tennis, the Petitioner has not established that the Beneficiary meets 
this regulatory criterion. 
Published material in professional or major trade publications or major media about 
the alien, relating to the alien's work in the fieldj(Jr which classification is sought, 
which shall include the title. date. and author of such published material. and any 
necessary translation. 8 C.F.R. § 214.2(o)(3)(iii)(B)(3). 
The Petitioner initially submitted various press releases about the Beneficiary that were distributed 
online via and an unattributed article about her in the a community 
newspaper in Missouri that prints "9,000 newspapers every other Tuesday with a total 
readership over 20,000 each issue." The record also included articles distributed by 
and its athletic department. The Director determined that the aforementioned articles were insufficient 
to meet this regulatory criterion because they were not in major trade publications or other major 
media. On appeal, the Petitioner does not contest the findings on this material and we conclude that 
the record supports the Director's determination. 
In support of the appeal, the Petitioner submits a press release, entitled ' 
from .3 This press release about the 
Beneficiary lists its "media contact'' as ' but does not identify an author. In addition, 
the Petitioner offers a 2016 posting by · appearing in the ' 
section of the website. This posting shares the aforementioned press release title of 
but includes only a 
photograph and two sentences of content. 
The record also contains an 2009 "news release" prepared by the entitled' 
but this news release is about 
the tournament and only mentions 
the Beneficiary and her partner in passing. The plain language of the regulatory criterion requires 
"published material ... about the alien." Articles that are not about the Beneficiary do not meet this 
regulatory criterion. See, e.g.. Negro-Plwnpe v. Okin. 2:07-CV-00820 at *L *7 (D. Nev. Sept. 2008) 
(upholding a finding that articles about a show 
are not about the actor). The Petitioner also provides 
an article about the Beneficiary entitled ' 
2 The record reflects that above the 
"Regional," and "National" levels. Furthermore, beyond the 
designations such as and "High Performance.'' 
designation, there are more advanced "State," 
there are higher 
3 is an Internet news service that blends professional contributions with user-submitted content. 
http://www. (visited 2017, and incorporated into the record). 
4 
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Matter of P-0-A-
in the 2017 newsletter, but this material post-dates the tiling 
ofthe petition. See 8 C.F.R. § 103.2(b)(l), (12). 
To quality as major media, a publication should have significant national or international distribution. 
Some newspapers, such as the New York Times, nominally serve a particular locality but would qualify 
as major media because of significant national distribution, unlike small local community papers.4 In 
this case, the Petitioner did not present information regarding the general online readership of the 
websites on which the above articles appeared, or other evidence showing that they constitute 
professional or major trade publications or major media. For the above reasons, the Petitioner has 
not established that the Beneficiary satisfies this criterion. 
Evidence of the alien ·s original scient{fic. scholarly. or business-related contributions 
ofmajor sign?ficance in thefield. 8 C.F.R. § 214.2(o)(3)(iii)(B)(5). 
The Petitioner contends that the Beneficiary has made contributions of major significance as both a 
player and a coach. As evidence under this criterion, the Petitioner offers information 
about the 
penhold paddle grip, the and the aforementioned club's It 
also provides several recommendation letters praising the Beneficiary's skills and experience in her 
sport, but they do not identify her particular contributions of major significance in the field. For 
example, while mentions that the Beneficiary is skilled in ''the lesser taught penhold 
grip," his letter and the supporting information submitted from the website do not indicate 
that she originated this technique or, for instance, that her coaching has been responsible for its 
popularity in national or international competition. The Director determined the Petitioner's 
documentation was insufficient to establish that the Beneficiary's playing and coaching work 
constitutes original contributions of major significance in her field. 
In support of the appeal, the Petitioner submits a reference letter from president of 
the asserts that the Beneficiary "facilitated the creation of 
back in 2008" and helped lead its team to a 4th place at the 
in 2009. We note that the college had multiple players participating in the 
2008-2009 seasons, and the record does not demonstrate that the Beneficiary created or founded the 
school's table tennis program. For instance, an 2009 article by the news 
coordinator quotes the director ofthe school's international program oftice as stating: ''We wouldn't 
have a team without The Petitioner also provides a 
bracket reflecting first place victory in 2015, 
but the record does not show that the Beneficiary played for or coached the team during that year. 
Regardless, the Petitioner has not demonstrated that the Beneficiary's involvement with the 
table tennis team and its fourth place finish rise to the level of original 
contributions of major significance in the field. 
4 Even with nationally circulated newspapers, consideration must be given to the placement of the article. For example. 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, cannot 
serve to spread an individual's reputation outside of that county. 
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Matter of P-0-A-
In addition, the Petitioner submits a brochure entitled' · that provides information 
about its preschool table tennis program, webpages from the identifying its multiple coaches 
(including the Beneficiary), and further information about the 
and its 
The aforementioned documentation, however, does not single out the Beneficiary's 
original contributions to these programs or explain how her particular work is of major significance 
in the field. 
Furthermore, the Petitioner offers the rating for its founder, 56-year-old who is 
one of the Beneficiary's pupils. The Petitioner notes that' now has good control of sugar 
level, competes with other younger athletes and wins," but the record does not show that the 
Beneficiary's coaching him to a rating of 1897 and to the noted wins represent original 
contributions of major significance in the field. 
The letters of recommendation offered by the Petitioner primarily contain discussions of the 
Beneficiary's playing skills and coaching activities, and attestations of her status in the field without 
providing specific examples of how those contributions rise to a level consistent with major 
significance in the field. USCIS need not accept primarily conclusory statements. 1756. Inc. v. The 
US Att 'y Gen., 745 F. Supp. 9, 15 (D.D.C. 1990). Furthermore, uncorroborated statements from the 
Beneficiary's references are insufficient to demonstrate her eligibility. See Visinscaia, 4 F.Supp.3d 
at 134-35; Matter o.lCaron Jnt'l. Inc., 19 I&N Dec. 791, 795 (Comm'r 1988) (holding that an 
agency "may, in its discretion, use as advisory opinions statements ... submitted in evidence as 
expert testimony," but is ultimately responsible for making the final determination regarding an 
individual's eligibility for the benefit sought). Without additional supporting evidence showing that 
the Beneficiary's work has been unusually influential, has substantially impacted her sport, or has 
otherwise risen to the level of original contributions of major significance in playing or coaching 
table tennis. the Petitioner has not established that the Beneficiary meets this regulatory criterion. 
Evidence that the alien has been employed in a critical or essential capacity for 
organizations and establishments that have a distinguished reputation. 
8 C.F .R. § 214.2( o)(3 )(iii)(B )( 7). 
The scope of this evidentiary criterion focuses on the relative importance of the Beneficiary's 
position within the scope of the organizations that have employed her. The Petitioner contends that 
the Beneficiary will serve, or has served, in a critical or essential capacity as coach for the 
petitioning organization, P-0-A-, and for The Petitioner submits a list of P-0-A- schools 
from its website and maintains that the Beneficiary "is the only table tennis coach P-0-A- is going to 
hire.'' The record, however, does not show that the Beneficiary has been employed by P-0-A- or 
performed for the organization in a critical or essential capacity. Furthermore, the evidence 1s 
insufficient to demonstrate that P-0-A- has earned a distinguished reputation in the field. 
With respect to the Beneficiary's work for states: "[The Beneficiary] has 
contributed to our club in many ways and specializes in teaching young 
children. She is very patient 
and will spend as much time as needed with beginners. . . . We currently have 3 full-time male 
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Matter of P-0-A-
coaches and [the Beneficiary] [works] part-time as the only female." In addition, a 
member of board of trustees, discusses the reputation of the club and notes that the 
Beneficiary was among the few female coaches selected to participate in 
In addition, the Petitioner submits an article about the available on the website of (a 
former and coach at an article about junior player from the 
website , and further promotional material from the club's website. 
The record does not establish, however , that the Beneficiary has been employed in a critical or 
essential capacity for The Petitioner did not provide an organizational chart or other 
documentation showing where the Beneficiary's position fell within the organization's general 
hierarchy, such as evidence of how her part-time position related to other coaching positions in the 
organization or the number of coaches who instructed the club's top-level players. Further, it did not 
submit material explaining the importance of the Beneficiary to the organization as a whole aside from 
asserting that she is the club's only female coach. Without more, we cannot conclude that the 
Beneficiary played a critical or essential role for Furthermore, although the Petitioner otTered 
information about from its website and club members, this evidence is not sufficient to 
demonstrate that the organization has a distinguished reputation. USCIS need not rely on self­
promotional material. Cf Braga v. Poulos. No. CV 06 5105 SJO, aff'd 317 Fed. Appx. 680 (C.A.9). 
As a result, the Petitioner has not provided sutticient material to meet this criterion. 
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. 8 C.F.R. § 214.2(o)(3)(iii)(B)(8). 
The Director determined that the record lacked reliable evidence to substantiate the Petitioner ' s 
claim regarding the Beneficiary's prospective high salary . Specifically, while the Petitioner 
indicated that it would pay the Beneficiary $240,000 per year, the Director noted that the record did 
not include documentation supporting that assertion. On appeal, rather than offering arguments or 
evidence to overcome the Director's finding, the Petitioner states only that the Beneficiary has not 
been on the "payroll because she is still holding F-1 Student Visa, she currently on a part time base 
[sic] as a volunteer." The Petitioner does not contest the Director's particular findings on this issue 
or offer further evidence under this criterion . Accordingly, the record does not support a finding that 
the Beneficiary meets this criterion. 
III. CONCLUSION 
The record does not satisfY at least three of the eight evidentiary criteria at 8 C.F.R. 
§ 214.2( o )(3)(iii)(B). Consequently, the Petitioner has not established that the Beneficiary is eligible for 
the 0-1 visa classification as a foreign national with extraordinary ability in athletics. 
Matter of P-0-A-
ORDER: The appeal is dismissed. 
Cite as Matter of P-0-A-, ID# 671088 (AAO Nov. 8, 2017) 
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