sustained O-1A Case: Athletics

identifying da1a deleted to 
prevent clearly Wlw~ted 
invasion of personal pnvacy 
PUBLlCCOPY 
U.S. Department of Homeland Security 
U.S. Citizenship and Irrunigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. ~.W., MS 2090 
Washington. DC 20529·2090 
u.s. Citizenship 
and Immigration 
Services 
Office: CALIFORNIA SERVICE CENTER Date: fEB 0 7 2011 
INRE: Petitioner: 
Beneficial)': 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(IS)(O)(i) of the Immigration 
and Nationality Act, 8 U.s.C. § I 101 (a)(lS)(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 inquil)' that you might have concerning your case must be made to that office. 
Thank you, 
Perry Rhew 
Chief, Adm inistrative Appeals Office 
www.uscis.gov 
Page 2 
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 sustain the appeal. 
The petitioner is self-described as an organizer of worldwide pool competitions and the beneficiary is a 
professional pool player. The petitioner filed this petition seeking to extend the beneficiary's status as an 0-1 
nonimmigrant pursuant to section 101(a)(lS)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
110 l(a)(lS)(O)(i), as an alien of extraordinary ability in athletics. 
The director denied the petition on April 21, 2010 on the sole grounds that the petitioner failed to establish 
that it qualifies as a United States agent pursuant to 8 C.F.R. § 214.2(0)(2)(iv)(E)(1), which specifies the 
evidentiary requirements for "an agent performing the function of an employer." Specifically, the director 
found that the submitted contract between the petitioner and beneficiary "fails to specify any remuneration 
that the beneficiary will receive." 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded 
the appeal to the AAO. On appeal, the petitioner asserts that the petitioner is "acting as an agent for [the 
beneficiary 1 for purposes of immigration," and also serves as the promoter for the "Artistic Pool Tour" outlined in 
the submitted itinerary. With respect to the director's finding that the petitioner's contract with the beneficiary 
does not specify the remuneration the beneficiary will receive, the petitioner clarifies that "it is customary and 
usual that all participants in our tournaments do not receive monetary compensation or a stipend, other than the 
prize money." The petitioner indicates that it "cannot predict nor state his remuneration for the next three years." 
For the reasons discussed below, the AAO will withdraw the director's decision and approve the petition. The 
petitioner has adequately explained the terms and conditions of the beneficiary's participation in its series of 
events and meets the requirements set forth at 8 C.F.R. § 214.2(0)(2)(iv)(E)(J). We emphasize, however, that 
approval of this petition authorizes the beneficiary's participation only in the specific events outlined in the 
itinerary provided by the petitioner. 
I. The Law 
Section 10 l(a)(lS)(O)(i) of the Act, 8 U.S.C. § 110 l(a)( IS)(O)(i), provides for the classification of 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 ... and whose achievements 
have been recognized in the field through extensive documentation, and seeks to enter the 
United States to continue work in the area of extraordinary ability .... 
The regulation at 8 C.F.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. 
Page 3 
The regulation at 8 C.F.R. § 214.2(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 fonns of documentation: 
(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 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 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. 
(e) 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. 
Page 4 
An 0-1 petition "may only be filed by a United States employer, a United States agent, or a foreign employer 
through a United States agent." 8 C.P.R. § 214.2(0)(2)(i). The regulation at 8 C.P.R. § 214.2(0)(2)(ii) 
provides that petitions for 0 aliens shall be accompanied by the following: 
(A) The evidence specified in the particular section for the classification; 
(B) Copies of any written contracts between the petitioner and the alien beneficiary 
or, ifthere is no written contract, a summary of the terms of the oral agreement 
under which the alien will be employed; 
(C) An explanation of the nature of the events or activities, the beginning and end 
dates for the events or activities, and a copy of any itinerary for the events or 
activities; and 
(D) A written advisory opinion(s) from the appropriate consulting entity or entities. 
Pinally, the regulation at 8 C.P.R. § 214.2(0)(2)(iv)(E) imposes the following requirements on petitions filed 
by United States agents: 
Agents as petitioners. 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. A United States agent may be: The 
actual employer of the beneficiary; the representative of both the employer and the 
beneficiary; or a person or entity authorized by the employer to act for, or in place of, the 
employer as its agent. A petition filed by an agent is subject to the following conditions: 
(1) 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. 
(2) A person or company in business as an agent may file the petition involving 
multiple employers as the representative of both the employers and the beneficiary if 
the supporting documentation includes a complete itinerary of the event or events. 
The itinerary must specifY the dates of each service or engagement, the names and 
addresses of the actual employers, and the names and addresses of the 
establishments, venues or locations where the services will be performed. A contract 
between the employers and the beneficiary is required. The burden is on the agent to 
explain the terms and conditions of the employment and to provide any required 
documentation. 
Page 5 
(3) A foreign employer who, through a United States agent, files a petition for an 0 
nonimmigrant alien is responsible for complying with all of the employer sanctions 
provisions of section 274A of the act and 8 CFR part 274a. 
II. Discussion 
The sole issue addressed by the director is whether the petitioner qualifies as a United States employer or 
agent pursuant to 8 C.F.R. § 214.2(0)(2)(i). The director determined that the petitioner, filing in the capacity 
of "an agent performing the function of an employer," failed to fully comply with the regulatory requirements 
pertaining to such agents at 8 C.F.R. § 214.2(0)(2)(iv)(E)(l). 
The petitioner filed the Form 1-129, Petition for a Nonimmigrant Worker, on February 10,2010. On the 0 and P 
Classification supplement to Form 1-129, the petitioner described the beneficiary's proposed duties as a 
professional pool player as follows: 
Beneficiary will act as ambassador and competitor at world class events organized by [the 
petitioner] as scheduled throughout the next three years. Will also participate in related 
promotional activities such as interviews with electronic and print media as required. 
The petitioner did not specifY the beneficiary's weekly or annual wages on the Form 1-129, but stated that he 
would receive "other compensation" in the form of "travel, hotels and per diem." 
The petitioner initially submitted a copy of its "Agency Contract" with the beneficiary, executed in February 
2008. The contract indicates that the petitioner "would like [the beneficiary] to come to USA as an 
Ambassador and Competitor at the World Class events organized by [the petitioner] as they are scheduled 
throughout the year." The petitioner did not submit an itinerary at the time of filing. 
The director issued a request for additional evidence ("RFE") on February 24, 2010, in which she requested, 
inter alia, the following: (1) a contract between the petitioner and beneficiary that specifies the beneficiary's 
duties, duration of engagement, pay and required events; and (2) an itinerary with the dates and locations of 
work for the requested approval period. 
In response, the petitioner submitted an updated agency agreement which indicates that the beneficiary will 
play in the petitioner's "World Class" events in 2010, 2011 and 2012, and serve as a Special Ambassador and 
key promotions player for The petitioner stated that its 
_ will include the following events: 
Stop # I: May 16-22 to be held in conjunction with the BCAPL National Championships at 
the Riviera Hotel and Casino, Las Yegas, NY 
Page 6 
Stop #2: May 28-June 4 to be held in conjunction with the VNEA International 
Championships at the Riviera Hotel and Casino, Las Vegas, NV 
Stop #3: June 6 - June II to be held in conjunction with the ACS National Championships at 
the Riviera Hotel and Casino, Las Vegas, NV 
Stop #4: August 19 - August 28 to be held In conjunction with the APA National 
Championships at the Riviera Hotel and Casino, Las Vegas, NV 
The fifth and final tour stop for 20 I 0 will confirmed 
for December 2 - December 5 at Side Pockets in St. Charles, MO. 
The agreement indicates that the 20 II and 2012 tours would include the same five events, with possibly one 
or two additional tour stops, on approximately the same dates. 
The director denied the petition on April 21, 20 I 0, concluding that the petitioner failed to meet the regulatory 
requirements for an employer acting as an agent pursuant to 8 C.F.R. § 214.2(0)(2)(iv)(E)(J). Pursuant to this 
regulation, 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. 
The director observed that, based on the agreement submitted, it appears that the petitioner is an agent who 
will serve as the beneficiary's "employer," as the petitioner seeks to have the beneficiary serve as a competitor 
in the events that it organizes and to serve as an "ambassador" under the terms of the agency agreement. The 
director further noted that the petitioner indicated on the Form 1-129 that the beneficiary will receive 
compensation in the form of per diem, travel and accommodation. However, the director ultimately denied 
the petition because the agreement submitted in response to the RFE "fails to specifY any remuneration or 
wages that the beneficiary will receive." 
On appeal, counsel for the petitioner asserts that the petitioner, as a promoter of pool tournaments, "is not an 
'employer' but rather is acting as an 'agent' for immigration purposes and thus there is no direct compensation 
from the petitioner to the beneficiary." Counsel indicates that the beneficiary's only monetary compensation 
will be in the form of prize money if he wins the events listed in the itinerary. Counsel asserts that "the 
instant situation mirrors a petition for any sports professional competing on an organized tour/competition 
such as the PGA (Professional Golf Association) tour or the WTC (World Tennis Circuit)." Counsel states 
that "these organizations petition for their members who compete on these tours and there are no 'wages' or 
compensation other than prize money." 
The petitioner submits a letter dated April 28, 20 I 0, clarifYing that "it is customary and usual that participants 
in our tournaments do not receive monetary compensation or a stipend, other than the prize money." The 
petitioner notes that, while the beneficiary's earnings as a result of tournament victories are expected to be 
substantial, "those very earnmgs could not have been declared as remuneration before the actual 
competitions,l! 
Counsel for the petitioner also submits a letter in which he clarifies that the inclusion of "per diem, travels & 
hotels" as "other compensation" on the Form 1-129 Petition was an error on the part of his office and does not 
reflect the arrangement between the petitioner and beneficiary, 
Upon review, we will withdraw the director's decision and approve the petition. The petitioner has provided a 
copy of its written contract with the beneficiary, and provided the required itinerary of events in which he will 
participate for the petitioner in the area of his extraordinary ability. The petitioner has also adequately 
explained the terms and conditions of employment. The beneficiary, as a professional pool athlete, falls into 
that class of "workers who are traditionally self-employed." See 8 C.F.R. § 214.2(0)(2)(iv)(E). While the 
petitioner does not consider itself to be the beneficiary's "employer," it can be categorized as "an agent 
performing the function of an employer" for the purposes of this visa petition. The petitioner has clarified 
that the beneficiary will compete for prize money in the events that it organizes and will not receive any 
guaranteed wages or compensation, as is the case in many sports. The fact that the petitioner will not pay the 
beneficiary a "wage" per se does not prohibit the petitioner from filing the petition. 
Accordingly, we will withdraw the director's decision and approve the petition. Under the approved petition, 
the beneficiary is authorized to compete in events organized by the petitioning organization during the 
requested period of employment. 
We emphasize, however, that the approval of this petition does not authorize the beneficiary's participation in 
events organized by other promoters, associations, leagues or other organizations during the requested validity 
period. For example, the petitioner's itinerary indicates that 
conjunction with" BCAPL, VNEA, ACS and APA national and 
are held "in 
events. The 
evidence of record also indicates that the beneficiary is a member of these organizations and has regularly 
competed in events sponsored by these organizations in the past. 
Pursuantto 8 C.F.R. § 214.2(0)(2)(iv)(E)(2) a person or company in business as an agent may file the petition 
involving multiple employers as the representative of both the employers and the beneficiary, if the 
supporting documentation includes a complete itinerary of events, the dates of each service or engagement, 
the names and addresses of the actual employers and the names and addresses of the establishments, venues, 
or locations where the services will be performed. A contract between the employers and the beneficiary is 
also required. Although the petitioner identifies itself as the beneficiary's "agent for immigration purposes," 
it has clearly not satisfied the regulatory requirements to file the petition on behalf of the beneficiary and 
multiple employers. The submitted itinerary lists only those events that are sponsored by the petitioning 
organization, and no contracts between the beneficiary and any other promoters or organizations have been 
provided. Furthermore, the petitioner has not submitted evidence to establish that it is authorized to act as an 
agent for any other pool organizations, promoters or associations for the purposes of filing this petition. 
Therefore, the validity of this petition is limited to the qualifying events specifically listed in the petitioner's 
and any other comparable events or tournaments that may be added to the petitioner's own •••• 
Pursuant to 8 C.F.R. § 214.1 (e), a nonimmigrant who is permitted to engage in employment may 
engage in such employment as has been authorized. Any unauthorized employment by a nonimmigrant 
constitutes a failure to maintain status within the meaning of section 214(a)(2)(A) of the Act. 
The director cited no other grounds for denying the petition, and upon de novo review, the AAO sees no 
additional basis for denial. Accordingly, the AAO will withdraw the director's decision dated April 21, 2010 
and approve the petition. As always in these proceedings, the burden of proof rests solely with the petitioner. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon review, the petitioner has met its burden of proof. 
ORDER: The appeal is sustained.