dismissed O-1A Case: Tennis

identifyingdatadeletedto
preventclearly unwarrantea
invasionefpersonalprivacy
PUBIJCCOPV
U.S.Department of Homeland Security
20 Mass. Ave. N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
FILE:
INRE:
EAC 04 800 31656
Petitioner:
Beneficiary:
Office: VERMONT SERVICE CENTER Date: JUN 0 I 2~~7
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(l5)(O)(i) of the Immigration and
Nationality Act, 8 U.S.C. § 1101(a)(l5)(O)(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.
{(tJUlll<pe ()/ // ck_L" Robert P. Wiemann, Chief
. ('-" Administrative Appeals Office
www.uscis.gov
EAC 04 800 31656
Page 2
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Vermont Service Center,
and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed.
The petitioner runs summer camps providing tennis instruction. The beneficiary is a tennis player and
coach. The petitioner seeks 0-1 nonimmigrant classification of the beneficiary, as an alien with
extraordinary ability in athletics under section 101(a)(15)(0)(i) of the Immigration and Nationality Act
(the Act), 8 U.S.C. § 1101(a)(15)(0)(i), in order to employ him in the United States as a tennis program
instructor for a period of three years at an annual salary of $45,000.
The director denied the petition, finding that the petitioner failed to establish that the beneficiary has
achieved sustained national or international acclaim as a tennis instructor of extraordinary ability.
On appeal, counsel submits a three-sentence statement. On the Form I-290B, Notice of Appeal, counsel
indicated that he would send a brief or evidence to the AAO within 30 days. Counsel dated the appeal
September 23, 2005. Over seven months later, the AAO notified counsel that it had received nothing
further and requested counsel to submit a copy of any brief or evidence that had been filed as indicated
on the Form I-290B. On May 4, 2007, counsel informed the AAO that he did not file a brief or
evidence as he stated on the Form I-290B.
Section 101(a)(15)(0)(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 regulation at 8 C.P.R. § 214.2(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. § 214.2(o)(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:
EAC 04 800 31656
Page 3
(1) Documentation of the alien's receipt of nationally or internationally
recognized prizes or awards for excellence in the field of endeavor;
(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 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 (o)(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.
The beneficiary in this case is a native and citizen of South Africa who entered the United States on
March 31, 2004, as a nonimmigrant visitor (B-2). The record shows that the petitioner competed in
national and international tournaments as a tennis player from 1995 through December 2003 and the
petitioner states that he began coaching tennis in 2000. The petition seeks to classify the beneficiary
as an alien with extraordinary ability as a tennis instructor.
The statute requires that the beneficiary seek entry into the United States "to continue work in the
area of extraordinary ability." Section 101(a)(l5)(O)(i) of the Act, 8 U.S.C. § 1101(a)(l5)(O)(i)
EAC 04 800 31656
Page 4
(2007). Competitive athletics and sports instruction are not the same area of expertise and we cannot
assume that an alien with extraordinary ability as an athlete has the same level of expertise as a
coach or instructor of his or her sport. However, given the nexus between athletic competition and
coaching or sports instruction, 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 or
international level, an adjudicator may consider the totality of the evidence as establishing an overall
pattern of sustained acclaim and extraordinary ability. Accordingly, we will address the evidence
regarding the beneficiary's accomplishments as both a tennis player and coach.
The record does not establish that the beneficiary meets any of the evidentiary criteria for 0-1
classification. Counsel does not explicitly state which criteria the beneficiary purportedly meets. As
there is no evidence that the beneficiary has received a major, internationally recognized award, we
discuss the beneficiary's eligibility under each of the remaining criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B).
Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for
excellence in the field ofendeavor.
The petitioner submitted a printout of the beneficiary's player biography and activity as recorded on the
website of the International Tennis Federation (ITF). The ITF printout shows that the beneficiary won
some matches at international competitions, but the record does not indicate that any of the
beneficiary's successful matches resulted in his receipt of nationally or internationally recognized prizes
or awards for tennis excellence.
The record shows that the beneficiary participated in the 1999 All Africa Games as a member of the
South African team, which won the silver medal. However, this single honor, received five years
before this petition was filed, does not reflect the requisite sustained acclaim.
The record also contains no evidence that the beneficiary has instructed or coached players who have
won national or international tournaments or other nationally or internationally recognized prizes or
awards for tennis excellence. Accordingly, the beneficiary does not meet this criterion.
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 orfields.
The beneficiary's resume states that he was a member of the South African Davis Cup team in the
Czech Republic and Belarus in 2000 and the United Kingdom in 2001. Several of the recommendation
letters also note the beneficiary's participation on the South African Davis Cup team, but do not provide
any probative details to show that the beneficiary's membership required outstanding achievements, as
judged by national or international tennis experts. As discussed in the preceding section, the record also
shows that the beneficiary was a member of the South African team at the 1999 All Africa Games, but
as this membership occurred ~ears before this petition was filed, it does not demonstrate the
requisite sustained acclaim. 1. _ Chief Executive Officer of the South African Tennis Association
EAC 04 800 31656
PageS
(SATA), confirms that the beneficiary has been a member of SATA for the past 15 years, but he does
not state the SAT A's membership eligibility criteria and the record contains no other evidence that the
SATA requires outstanding achievements of its members, as judged by recognized national or
international tennis experts. The record also contains no evidence that the beneficiary has instructed or
coached any athletes who have gained memberships that satisfy this criterion. Accordingly, the
beneficiary does not meet this criterion.
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 ofsuch published material, and any necessary translation.
The petitioner submitted printouts of four articles that mention the beneficiary: "
Headed for Stardom," printed on February 14, 1999 in the Sunday Times; "SA One Win Away from
Medal" and "SA Men's Double Fails in Gold Bid" posted on September 14 and 18,1999 on the website
ofNews24.com; and "Profile: from the website of Athletics South Africa dated 2004.
The record contains no evidence that the Sunday Times or News24.com are forms of major media.
Moreover, the articles appeared in the Sunday Times and on News24.com in 1999, five years before this
petition was filed and consequently do not demonstrate the requisite sustained acclaim. The 2004
posting on the website of Athletics South Africa is about the beneficiary's brother and only mentions
the beneficiary in passing: "He and his older brother Punch have had some excellent results as a
doubles team[.]" This single brief reference to the beneficiary in a short article about his brother is
insufficient to meet this criterion.
Evidence ofthe alien's participation on a panel, or individually, as a judge ofthe work ofothers in the
same or in an allied field ofspecialization to that for which classification is sought.
The record contains no evidence that the beneficiary has participated on a panel, or individually, as a
judge of any tennis competitions or other tennis events. Accordingly, the beneficiary does not meet this
criterion.
Evidence of the alien's original scientific, scholarly, or business-related contributions of major
significance in the field.
The petitioner submitted support letters from Dermot slIIIieeneDirector of the rTF South African
Tennis Association Training Centre; 1._of SATA; a professional tennis player;
~irector of Tennis and Head Coach at the University 0 I inois at Urbana-Champaign;
_ Director and Head Coach of the Tennis Centre in Harare, Zimbabwe;_
Director of Langazela Sports Management;_ professional tennis p~
Modise, Head Tennis Coach at Nicholls St~siana; and _aprofessional
tennis coach in Zambia. These individuals all praise the beneficiary's accomplishments and skills as a
tennis player and coach, but none of their letters indicate that the beneficiary has made original
contributions of major significance to his field.
EAC 04 800 31656
Page 6
On appeal, counsel claims that the director disregarded "the opinions of National and Internaional [sic]
Tennis Experts ." To the contrary, the director discussed many of the letters on the third page of his
decision. Specifically, the director noted that none of the authors named any of the "nationally and
internationally ranked tennis players" that the beneficiary has purportedly coached. Although Ms.
Pillay states that the beneficiary has coached her, she indicates that the only competitions she won under
his tutelage were the All Africa Junior under 16 singles title and the under 18 doubles title in an
unspecified competition in Cairo in 1996, honors which do not reflect the requisite sustained national or
international acclaim.
In addition we note that ire paragraph is repeated verbatim in the letters of __
Losc~d Another paragraph is repeated verbatim in the letters ~f.
Swee~an The repetitions indicate that the language of these seven letters is
not the authors' own and greatly detract from the letters' probative value . Accordingly, the beneficiary
does not meet this criterion.
Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other
major media.
The petitioner submitted no evidence relevant to this criterion. Accordingly, the beneficiary does not
meet this criterion.
Evidence that the alien has been employed in a critical or essential capacity for organizations and
establishments that have a distinguished reputation.
The record is devoid of any documentation of the beneficiary's past employment. Accordingly, the
beneficiary does not 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.
The record does not document the beneficiary's previous salaries or remunerations. The employment
agreement between the petitioner and the beneficiary states that the beneficiary will receive an annual
salary of $45,000. The petitioner submits no evidence that such compensation is a high salary in the
beneficiary's field. Accordingly, 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 his achievements have been
recognized in the field through extensive documentation, as required by section 10I(a)(15)(O) of the
Act. The petitioner submitted no evidence that the beneficiary has received a major , internationally
recognized award and the documentation submitted does not meet any of the eight other evidentiary
criteria specified in the regulation at 8 C.F.R. § 214.2(o)(3)(iii)(B). Consequently, the beneficiary is not
eligible for nonimmigrant classification under section 101(a)(15)(0) of the Act and the petition must be
denied.
EAC 04 800 31656
Page 7
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act , 8
U.S.C. § 1361. Here, the petitioner has not met that burden.
ORDER: The appeal is dismissed.