dismissed O-1B Case: Ballroom Dance

identifying data deleted to 
prevent clearly unwammted 
invasion of personal orivacy 
f\lBUC COP"t 
FILE: WAC 0915452612 Office: CALIFORNIA SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.s. Department of Homeland Se<:urity 
U.S. Citizenship and lrrunigration Services 
Office of Administrative Appeals, MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
Date: 
SEP 3 0 2010 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(l5)(O)(i) ofthe Immigration and 
Nationality Act, 8 U.S.C. § llOJ(a)(l5)(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 must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $585. Please be aware that 8 C.F.R. § J03.5(a)(l)(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 
WAC09lS4S2612 
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 appeal will be dismissed. 
The petitioner, an event company, filed this nonimmigrant petition seeking to classifY the beneficiary as an 0-1 
nonimmigrant pursuant to section IOI(a)(IS)(O)(i) of the Immigration and Nationality Act (the Act), as an alien 
with extraordinary ability in the arts. The petitioner seeks to employ the beneficiary as a performer, event 
supervisor, and professional ballroom dance instructor for a period of three years. 
The director denied the petition based on two independent grounds, determining: (1) that the petitioner failed to 
provide a written advisory opinion from the appropriate consulting entity; and (2) the petitioner's explanation of 
the intended events for the beneficiary does not establish that he is coming to the United States to provide services 
related to a specific event or events. 
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 appeal, counsel asserts that the petitioner submitted numerous peer review 
letters in lieu of a consultation from a labor consultation, and emphasizes that it provided evidence that the 
"Professional Dancers Association" does not provide consultations in immigration matters. Counsel further 
asserts that the itinerary provided by the petitioner clearly identifies discrete events, and suggests that the director 
did not conduct a substantive review of the evidence. Finally, the petitioner asserts that the director's decision 
refers to the beneficiary as a "designer" and thus clearly "does not relate to the beneficiary or petitioner." 
I. The Law 
Section 10 I (a)(l S)(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 regulation at 8 C.F.R. § 214.2(0)(3)(ii) defines, in pertinent part: 
Arts includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual 
arts, culinary arts, and performing arts. 
Extraordinary ability in the field of arts means distinction. Distinction means a high level of 
achievement in the arts evidenced by a degree of skill and recognition substantially above that 
ordinarily encountered to the extent that a person described as prominent is renowned, leading, 
or well-known in the field of arts. 
The regulation at 8 C.F.R. § 214.2(0 )(3)(iv) states, in pertinent part: 
WAC 0915452612 
Page 3 
Evidentiary criteria/or an 0-1 alien a/extraordinary ability in the arts. To qualify as an alien 
of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his 
or her field of endeavor as demonstrated by the following: 
(A) Evidence that the alien has been nominated for, or the recipient of, significant national 
or international awards or prizes in the particular field such as an Academy Award, an 
Emmy, a Grammy, or a Director's Guild Award; or 
(B) At least three of the following fonns of documentation: 
(1) Evidence that the alien has perfonned, and will perfonn, services as a lead or 
starring participant in productions or events which have a distinguished 
reputation as evidenced by critical reviews, advertisements, publicity releases, 
publications, contracts, or endorsements; 
(2) Evidence that the alien has achieved national or international recognition for 
achievements evidenced by critical reviews or other published materials by or 
about the individual in major newspapers, trade journals, magazines, or other 
publications; 
(3) Evidence that the alien has perfonned, and will perfonn, in a lead, starring, or 
critical role for organizations and establishments that have a distinguished 
reputation evidenced by articles in newspapers, trade journals, publications, or 
testimonials; 
(4) Evidence that the alien has a record of major commercial or critically acclaimed 
successes as evidenced by such indicators as title, rating, standing in the field, 
box office receipts, motion picture or television ratings, and other occupational 
achievements reported in trade journals, major newspapers, or other 
publications; 
(5) Evidence that the alien has received significant recognition for achievements 
from organizations, critics, government agencies, or other recognized experts in 
the field in which the alien is engaged. Such testimonials must be in a fonn 
which clearly indicates the author's authority, expertise, and knowledge of the 
alients achievements; or 
(6) Evidence that the alien has either commanded a high salary or will command a 
high salary or other substantial remuneration for services in relation to others in 
the field, as evidenced by contracts or other reliable evidence; or 
WAC 09 15452612 
Page 4 
(C) If the criteria m paragraph (o)(3)(iv) 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 regulation at 8 C.F.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, if 
there 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. 
The regulation at 8 C.F.R. § 214.2(0)(5)(ii) further details the consultation requirements for an 0-1 alien of 
extraordinary ability as follows: 
(A) Content. Consultation with a peer group in the area of the alien's ability (which may 
include a labor organization), or a person or persons with expertise in the area of the 
alien's ability is required in an 0-1 petition for an alien of extraordinary ability. If the 
advisory opinion is not favorable to the petitioner, the advisory opinion must set forth a 
specific statement of facts which supports the conclusion reached in the opinion. If the 
advisory opinion is favorable to the petitioner, it should describe the alien's ability and 
achievements in the field of endeavor, describe the nature of the duties to be performed, 
and state whether the position requires the services of an alien of extraordinary ability. 
A consulting organization may also submit a letter of no objection in lieu of the above if 
it has no objection to the approval of the petition. 
(B) Waiver of consultation of certain aliens of extraordinary ability in the field of arts. 
Consultation for an alien of extraordinary ability in the field of arts shall be waived by 
the Director in those instances where the alien seeks readmission to the United States to 
perform similar services within 2 years of the date of a previous consultation. . . . 
Petitioner's desiring to avail themselves of the waivers should submit a copy of the prior 
consultation with the petition and advise the Director of the waiver request. 
II. Analysis 
WAC 0915452612 
Page 5 
As a preliminary matter, the AAO will address counsel's claim that the director's decision dated August 20, 2009 
clearly "does not relate to the beneficiary or petitioner." Counsel's contention is based upon the following 
sentence, which appears on page six of the director's decision: "The petitioner appears to seek to employ the 
beneficiary as a designer to serve its clients in the normal course of business." Counsel emphasizes that the 
evidence clearly establishes that the beneficiary is a ballroom dancer, rather than a designer, and questions 
whether the decision pertains to the instant petition. 
The AAO acknowledges this error on the part of the director. However, while such error is regrettable, a review 
of the adverse decision as a whole reveals that the director conducted a thorough review of the evidence and 
provided ample support for the conclusions reached regarding the petitioner and beneficiary's eligibility, based on 
the evidence of record. Therefore, counsel's assertion that the decision does not relate to the instant petition is 
without merit. 
The first issue to be addressed is whether the petitioner provided the required written advisory opinion from an 
appropriate consulting entity, pursuant to 8 C.F.R. § 214.2(0)(2)(ii)(D). 
On the 0 and P Classification Supplement that accompanied the Form 1-129, the petitioner indicated that it 
obtained the required written consultation and attached it to the petition. The petitioner did not identify the name 
of the peer group or labor organization that provided the consultation. 
Upon review of the index of documents that accompanied the initial petition, the petitioner did not identify which 
exhibit contained the required consultation letter, but rather listed two exhibits containing "letters of reference." 
Furthermore, the petitioner did not provide a copy of any previous consultation letter submitted on behalf of the 
beneficiary or request a waiver of the consultation requirement pursuant to 8 C.F.R. § 214.2(0 )(5)(ii)(B). The 
beneficiary was previously granted 0-1 classification for employment with a different petitioner in 2006. The 
AAO notes that any previous consultation letter would likely have been more than two years old at the time the 
instant petition was filed on April 24, 2009. As such, it does not appear that the petitioner would have been 
eligible for a waiver of the requirement even if such a waiver had been requested. 
The petitioner indicated that it was submitting "information from the Professional Dancers Federation (PDF) 
indicating its policy of remaining neutral in ir' l1Il~~i<ln-re'lated 
message dated August 28, 2006 in that _ should not use his 
PDF title or letterhead if he writes a recommendation letter in support of an immigration petition. _ 
stated that "we should remain neutral with regard to immigration matters." 
_and_held the positions 
The petitioner provided evidence that 
reslpectiv,ely, within PDF. 
As noted above, the director issued an RFE on July 2, 2009. Counsel asserts on appeal that the director did not 
request a consultation from a peer group or labor organization. However, page three of the RFE includes the 
following instructions: 
Additional Evidence: 
WAC 0915452612 
Page 6 
An alien of extraordinary ability in the arts requires only one consultation from a labor 
organization. However, if an appropriate labor organization does not exist then a consultation 
from a peer group is sufficient. 
Events and itinerary: Provide an explanation of the nature of the events or activities and a copy 
of any itinerary for the events or activities and a written advisory opinion(s) from the appropriate 
consulting entity or entities. 
The petitioner did not submit a consultation from a labor organization or peer group in response to the RFE or 
otherwise acknowledge this portion of the RFE. 
Therefore, notwithstanding counsel's contentions to the contrary, the director provided ample notice that a 
consultation from a labor organization or peer group would be required in support of the petition, and 
specifically requested that the petitioner submit the required written consultation. Failure to submit requested 
evidence that precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. § 
103 .2(b )(14). 
On appeal, counsel asserts that "letters from mUltiple professionals were presented with the initial filing, 
which also serve as a peer review," 
The regulation at 8 C.F.R. § 214.2(0)(5)(ii)(A) provides that the required consultation may be provided by "a 
person or persons with expertise in the area of the alien's ability." The regulation states that "if the advisory 
opinion is favorable to the petitioner, it should describe the alien's ability and achievements in the field of 
endeavor, describe the nature of the duties to be performed, and state whether the position requires the 
services of an alien of extraordinary ability." Id. 
As noted above, while the record contains numerous letters of reference from ballroom dancers, the petitioner 
did not indicate prior to the denial that any specific letter or letters were being submitted to satisfy the 
evidentiary requirement at 8 C.F.R. § 214.2(0)(ii)(2). The petitioner did not refer to this requirement other 
than providing evidence that one organization, the Professional Dancers Federation, is unwilling to provide 
consultations in immigration matters. The petitioner did not establish that there is no appropriate peer group 
or labor organization with expertise in the beneficiary's field. 
While the submitted reference letters are highly complimentary to the beneficiary, and some of the letters 
mention some of the beneficiary's specific achievements in his field, none of the letters describe the nature of 
the duties to be performed or state whether the position requires the services of an alien of extraordinary 
ability. Such content is specifically required by 8 C.F.R. § 214.2(0)(5)(ii)(A). 
Based on the foregoing, the AAO concurs with the director's conclusion that the petitioner has not submitted 
the required written advisory opinion from an appropriate consulting entity. Accordingly, the appeal will be 
dismissed. 
WAC 0915452612 
Page 7 
The second issue addressed by the director is whether the petitioner adequately described the nature of the 
beneficiary's planned events or activities, the beginning and end dates for such activities, and provided an 
adequate itinerary for the events or activities. The director concluded that the evidence failed to identifY that 
the beneficiary would be performing at specific events. 
In denying the petition, the director cited to 8 C.F.R. § 214.2(0)(3)(ii) which defines the term "event" as 
follows: 
Event means an activity such as, but not limited to, a scientific project, conference, 
convention, lecture series, tour, exhibit, business project, academic year, or engagement. 
Such activity may include short vacations, promotional appearances, and stopovers which are 
incidental to and/or related to the event. A group ofrelated activities may also be considered 
to be an event. In the case of an 0-1 athlete, the event could be the alien's contract. 
In publishing the final 0 and P visa rule amending the regulations at 8 C.F.R. § 214.2 to reflect changes made 
by the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Public Law 102-
232 (December 12, 1991), the legacy Immigration and Naturalization Service made the following 
observations: 
Admission Periods for 0 Nonimmigrants---214.2( 0)(10) 
One commenter suggested that there be no regulatory limit on the length of admission for an 
o nonimmigrant alien. The suggestion cannot be adopted since the period of stay for an 0 
nonimmigrant is limited by the Act to the period of time required by the alien to complete the 
event or events described on the petition. An 0-1 classification may not be granted to an 
alien to enter the United States to freelance in the open market. An 0-1 alien must be coming 
to the United States for specific reasons. 
59 Fed. Reg. 41808-0 I, 41822. 1994 WL 422027, Rules and Regulations, Department ofJustice, Immigration 
and Naturalization Service, 8 C.F.R. Part 214, Temporary Alien Workers Seeking H-IB, 0 and P 
Classifications Under the Immigration and Nationality Act, Monday, August 15, 1994. 
The petitioner, an event company with six employees, indicated on Form 1-129 that it seeks to employ the 
beneficiary as a performer, event supervisor and professional ballroom instructor and will compensate him at 
an hourly rate of $25.00. On the 0 and P Classifications Supplement to Form 1-129, the petitioner, where 
asked to explain the nature of the event stated that the beneficiary will: 
Perform at shows and events, teach ballroom dance, and supervise at events when not 
performing. Competing in dance competition to enhace [sic] the individual as well as [the 
petitioner] 
The petitioner further described the beneficiary'S proposed duties as the following: 
WAC 0915452612 
Page 8 
Teach forms of dance at two specified dance studios; Prepare students for local, regional and 
national dance competition by choreographing various routines as required, coaching and 
leading. Perform at events with his partner. Compete at local, regional, national and 
international professional dance competitions. 
In a letter dated January 20, 2009, the petitioner explained that it has been referring the beneficiary's services 
for performances at weddings, parties and other celebrations for the past three years and now seeks to offer 
him employment. The petitioner further stated: 
Apart from performing at our events, [the petitioner] will place [the beneficiary and his 
partner] at two dance studios whereby their student base will grown [sic] as a result of that 
connection, (this has already been confirmed). Through [the petitioner], [the beneficiary] will 
work at these two studios teaching all forms of dance and preparing students for competition 
and showcasing. 
With [the petitioner] and its referrals, [the beneficiary] is currently: 
• Teaching all forms of dance for special events such as weddings, etc. 
• Performing at our special events with his partner 
Upcoming plans with [the petitioner] for [the beneficiary]: 
• Teaching all forms of dance at two specified dance studios 
• Preparing students for local, regional and national dance competition by 
choreographing various routines as required, coaching and leading 
• Choreographing, coaching and leading students in various routines for showcasing 
• Performing at events with his partner Ingrid 
• Demonstrations for charity events such as various semor centers, studio 
demonstrations and other organizations 
• Preparing Brides and Grooms and their families for the 1" Dance, etc. 
• Compete with his partner at local, regional and national professional dance 
competitions which serves to enhance the name recognition and prestige for both [the 
beneficiary], his partner Ingrid and [the petitioner]. 
• Various Television Performances 
• Supervision and management of events 
• Whatever may come 
The petitioner further states: 
Based on student instruction alone, I anticipate that [the beneficiary] will earn a salary of 
$40,000.00 to $60,000.00 annually; $50.00 per student, 50 minutes per class, with five to 
eight students per day. With the addition of competitions prize money, events and television, 
WAC 0915452612 
Page 9 
the potential earnings could be considerably higher. Not to mention that any event contracted 
by [the beneficiary] personally would allow him 100% of those earnings as he is allowed to 
work as an independent agent as well. ... We expect that there will come a day in the future 
when [the beneficiary] will have his own business, it is inevitable, his talent, charisma and 
professionalism will expect no less; we at [the petitioning organization] will encourage and 
support any future personal growth for business or otherwise as we continue our association, 
even if only in a referral capacity when that day comes. 
The petitioner submitted a business plan, in which it indicated that it recently recommenced business 
activities in January 2009 after a two-year break from operations. The petitioner indicates that during the 
break, she "continued to receive many referrals for events" which she "passed on to [the beneficiary] 
whenever possible providing him with work as a performer for all types of special events." The business plan 
indicates the petitioner's intent to feature the beneficiary and his partner by providing opportunities for them 
to teach dance lessons, to encourage his participation in competitions, and to promote themselves on 
television and at personal appearances. 
The petitioner submitted a copy of its agreement with the beneficiary which states that he will be retained as a 
consultant "to provide Dance Classes at two specific dance studios as well as perform and supervise at special 
events contracted by [the petitioner] and compete professionally." The agreement indicates that the petitioner 
will compensate the beneficiary at a rate of at least $25.00 per hour and up to a maximum of $1500.00 "for 
those events requesting services of perform ing several dances for that event." The agreement further provides 
that the beneficiary is "free to peruse other business ventures while under agreement with [the petitioner]." 
Specifically, the agreement indicates that he may freely contract for shows and performances without any 
prior consent from the petitioner. 
With respect to the subm itted a letter dated 
January 28, 2009 from indicates that her studio, as 
well as a "partner dance studio, have partnered with the petitioner for Ballroom 
Dance instruction. Specifically, she states that the petitioner uses its studios for ballroom dance instruction, 
and plans ~e beneficiary and his partner as new teachers "as they use our studios for their 
business." _ states that the petitioner and the two dance studios operate independently of each 
other. 
The petitioner also submitted a letter dated January 22, 2009 from _ She states that she owns and 
operates a dance studio in Reseda, California and that her "teaching staff is composed of some ten instructors 
including [the beneficiary] for the past year." _ further stated that she presents an annual dance 
spectacular at the Kavili Theatre at which the beneficiary and his spouse were recently the prime attraction. 
As noted above, in the RFE issued on July 2, 2009, the director requested an explanation of the nature of the 
events or activities requiring the beneficiary's services. The director also requested a complete itinerary for all 
events, the exact periods for each service, and the names and addresses of the locations/employers. 
WAC0915452612 
Page 10 
In response, the petitioner indicated that the beneficiary will appear monthly at the Valencia Hyatt Hotel in 
Valencia, California in a program called "An Evening of Ballroom Dance" hosted by the petitioning 
organization, beginning August 22, 2009. The petitioner listed "other future events and plans" as the 
following: 
[The beneficiary 1 as the Featured Dancer with for event on 
August 8th, Private Senior Resort, The Belcaro, Valencia, CA 91355 
[The beneficiary 1 will be the featured instructor to hundreds of students teaching Latin 
Rhythm. In Palm Springs, for a Ballroom Dance Camp, the weekend of August 29th through 
August 31 ", 2009 
There are many future opportunities pending. A television appearance at Teletica Channel 7, 
Costarican Television Network for a new Dance program called "Studio 7" [the beneficiary 1 
and his partner Ingrid Blanco Rojas have been approached to make a guest appearance and 
perform. 
Perform at private events, Choreograph and Teach 
Future Competitions: 
Holiday Dance Classics Championships, Las Vegas, Nevada 
December 9'\ through 13'h 2009 
Vegas Showdown, Las Vegas, Nevada 
March 5'h and 6th 2010 , 
Emerald Ball Dancesport Championships, Los Angeles, Airport Hilton Hotel 
April 28 through May 2, 2010 
San Diego Dancesport Championships, Westin Horton Plaza, San Diego, CA 
June 10th through 13th 2010 
Embassy Ball Dancesport Championships, Inc. Hyatt Regency Hotel, Jamboree Rd., Irvine, 
CA 
September 20d through 5th 2010 
California Star Ball Championships, Radisson Hotel, LAX Airport, Los Angeles, CA 
November 26
th 
through 28'h 20 I 0 
The petitioner submitted a flyer for the beneficiary's upcoming performance at The Valencia Hyatt Hotel on 
August 22, 2009. The flyer describes the program as "An Evening of Ballroom Dancing with Willy & Ingrid 
of D'Wilfri Dance Art and Entertainment," and indicates that it is presented by the petitioner. The petitioner 
WAC 0915452612 
Page II 
also submitted a number of invoices evidencing the beneficiary's receipt of payments for previous 
performances occurring in 2007 and 2008. This evidence shows that the beneficiary and his partner have 
been billing clients directly for their performances at events using the names "Willy & Ingrid Entertainment" 
and, more recently, "O'Wilfri Oanceart & Entertainment." 
The director denied the petition on August 20, 2009. Referring to the varied list of proposed duties listed in 
the petitioner's initial letter, the director concluded that the petitioner did not indicate that the beneficiary 
would be participating in "the type of specific event contemplated for the temporary employment of an alien 
with extraordinary ability in the arts," and did not establish that the beneficiary would be continuing 
employment in the area of extraordinary ability. 
On appeal, counsel for the petitioner states: 
The decision mysteriously finds that the itenerary [sic] as described does not contain descrete 
[sic] events. However, in response to the RFE, the petitioner outlined multiple and numerous 
descrete [sic] events, some repetative [sic] and some not. The position of the Service Center 
director is incomprehensible and does not include a substantive review of the evidence. 
Upon review, and for the reasons discussed below, the AAO concurs with the director's determination. Upon 
review of the totality of the evidence, it appears that the beneficiary will be in large part freelancing on the 
open market rather than performing services specifically for the petitioner. As noted above, an 0-1 
classification may not be granted to an alien to enter the United States to freelance in the open market. 
Although the petitioner states that the beneficiary will be working "through the petitioner" in teaching dance 
lessons, the petitioner has not submitted any details regarding the terms of this arrangement. The petitioner's 
letter suggests that the beneficiary will actually retain all monies earned in providing dance instruction, rather 
than being paid by the petitioner to provide this service for its event planning organization. Specifically, the 
petitioner stated that "based on student instruction, I anticipate that [the beneficiary] will earn a salary of 
$40,000.00 to $60,000.00 annually; $50.00 per student, 50 minutes per class, with five to eight students per 
day." This information appears to be at odds with the petitioner's statement that it intends to pay the 
beneficiary $25.00 per hour for his services. Ms. Patka, the owner of one of the studios at which the 
petitioner claims it will employ the beneficiary, already counts the beneficiary as one of her regular 
instructors and she makes no mention of hiring the beneficiary through the petitioning company. While the 
AAO does not doubt that the beneficiary will spend some portion of his time providing services as a dance 
instructor, there is ample reason to question whether he will do so as an employee or contractor of the 
petitioner. 
In addition, the petitioner clearly indicates that the beneficiary intends to personally contract his own 
activities and events independently of the petitioner, and does not claim to be serving as his agent pursuant to 
8 C.F.R. § 214.2(0)(2)(iv)(E). The petitioner indicates that it expects that "there will come a day in a future 
when [the beneficiary] will have his own business," but the record shows that the beneficiary and his partner 
are already doing business as "O'Wilfri Oanceart & Entertainment," and have been freelancing their services 
WAC 0915452612 
Page 12 
under this and a previous name since early 2007. The beneficiary will be providing services to the petitioner, 
but the petitioner will clearly not be his only employer and it appears that he will continue to work for 
multiple employers on a short-term basis as he independently secures additional performance opportunities. 
The only discrete future event at which the beneficiary would appear on behalf of the petitioning company is 
the "Evening of Ballroom" dance at the Valencia Hyatt Hotel. The petitioner indicates that this event will 
occur monthly, but did not provide a copy of its contract with the hotel confirming this. Although the 
petitioner listed a number of competitions at which the beneficiary expects to compete through November 
20 I 0, it did not indicate that he will do so on behalf of the petitioner. The petitioner indicates that the 
beneficiary will keep all prize monies he receives at dance competitions and the petitioner does not appear to 
be acting as the beneficiary's manager or agent for the purposes of such competitions. 
Upon review, the record remains nearly devoid of documentation to support the petitioners' claim that the 
beneficiary will be engaged in qualifying "events" on behalf of the petitioner. If the beneficiary is in fact 
"representing" the petitioner in dance competitions, then it is reasonable to expect the petitioner to be able to 
produce some documentary evidence in support of its claims. The petitioner has not provided evidence that it 
intends to compensate the beneficiary in any way for his competitive dancing, nor does the petitioner claim to 
receive anything in return. 
Based on the evidence of record, it appears that the beneficiary, at most, may be working part-time as a dance 
instructor for the petitioner, occasionally performing at the petitioner's events, independently performing at 
live and televised events that he personally arranges under the fictitious name of "O'Wifri Oanceart & 
Entertainment," and independently entering dance competitions. Given the largely freelance nature of the 
beneficiary's work, the AAO concurs with the director's conclusion that the beneficiary's proposed activities 
are not the types of specific events contemplated for an alien with extraordinary ability in the arts. The 
petitioner has not supported its claim that it intends to utilize the beneficiary's full-time services over a period 
of three years for a discrete event or events, or that the employment arrangement described in the record, in 
which the beneficiary is encouraged to arrange his own work, is acceptable for an a-I alien of extraordinary 
ability. Accordingly, the appeal will be dismissed. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 V.S.c. § 1361. Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed.