dismissed O-1B Case: Ballroom Dance

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: LIN 06 039 53131 Office: NEBRASKA SERVICE CENTER 
IN RE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(0)(i) of the Immigration and 
Nationality Act, 8 U.S.C. 9 1101(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. 
, Administrative Appeals Office 
i. 
LIN06039 53131 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Nebraska Service Center, and is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is a school which provides instruction in ballroom dance. The petitioner seeks 0-1 classification of 
the beneficiary as an alien with extraordinary ability in the arts under section 101(a)(15)(0)(i) of the Immigration 
and Nationality Act (the Act), in order to temporarily employ her in the United States as a "competitive dancer" for 
a period of approximately three years at an annual salary of $52,000. 
The director denied the petition, finding that the petitioner failed to establish that the beneficiary has "generated 
sustained acclaim for her performances or that she has [sic] achieved prominence in her field. Additionally, the 
director noted that at least part of the duties to be performed by the beneficiary include instruction and that the 
beneficiary's skills "lie in the area of competitive ballroom dancing, not in training or coachng ballroom dancers." 
On appeal, counsel for the petitioner submitted a brief with no additional documentation. Counsel asserts that the 
director erred in determining that the beneficiary was not prominent in her field, that the decision was contrary to 
established decisions, and that the director incorrectly applied the standard for aliens of extraordinary ability in 
athletics rather than the lesser standard for artists of distinction. We do not find any of counsel's arguments to be 
persuasive. 
Counsel's argument that the director applied an erroneous standard is based upon a single sentence contained in 
the director's decision in which the director stated that the beneficiary has "yet to gain the most coveted status 
available in the sport." The point of the director's statement was that while the beneficiary's prominence was "on 
the rise," she did not have sustained acclaim or distinction. While the director may have overreached in this one 
sentence, we find the director properly cited and applied the regulations pertinent to an alien of extraordinary 
ability in the arts. The director's conclusion was not based upon the above-cited sentence, rather, in concluding 
that the record was not sufficient to establish eligibility, the director analyzed the evidence in accordance with the 
criteria related to the arts and ultimately determined that the beneficiary has not "generated sustained acclaim for 
her performances or that she has yet acheved prominence in her field." Therefore, despite the single sentence 
noted above, the director's discussion and ultimate conclusion are not erroneous. 
Section 101(a)(l5)(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.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 abilip 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. 
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The regulation at 8 C.F.R. tj 214.2(0)(3)(iv) states that in order to qualify as an alien of extraordinary ability in the 
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 has been the recipient of, significant 
national or international awards or prizes in the particular field such as an Academy Award, 
an Emmy, a Grarnrny, or a Director's Guild Award; or 
(B) At least three of the following forms of documentation: 
(I) Evidence that the alien has performed, and will perform, services as a lead or 
stamng 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 performed, and will perform, 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, governmental agencies, or other recognized experts in the field 
in which the alien is engaged. Such testimonials must be in a form which clearly 
indicates the author's authority, expertise, and knowledge of the alien's 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. 
The beneficiary has neither been nominated for, nor has she been the recipient of any significant national or 
international awards or prizes in her field of endeavor. The majority of the awards received by the beneficiary 
consist of awards she received while competing in the "Rising Star" class of competition. While we 
acknowledge that many competitors compete in both the "Rising Star" and "Open Professional" class, by 
counsel's own admission, the "Rising Star" class is not as "important" as the "Open Professional Class" which 
contains the world's "best professional dancers." Further, as indicated by John Kimmons, the petitioner's 
expert in the field of competitive dance, "[m]ost of the major Rising Star winners then graduate purely to Open 
championships." Given the distinctions made between these two classes, we do not find the beneficiary's 
competition in or her receipt of awards while competing in the "Rising Star" class to be evidence of the 
beneficiary's receipt of a significant national or international awards or prizes in her field. Similarly, the 
LIN 06 039 53131 
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beneficiary's receipt of a $1000 scholarship from the Polish Century Club of Detroit and a choreography 
award from her community college are not considered to be national or international prizes or awards. It is 
also noted that as at least two of these competitions took place in 2006, after the filing of the instant petition, 
such evidence cannot be used in support of this petition. The petitioner must establish eligibility at the time of 
filing the nonimmigrant visa petition. A visa petition may not be approved at a future date after the petitioner 
or beneficiary becomes eligible under a new set of facts. Matter of Michelin Tire Corp., 17 I&N Dec. 248 
(Reg. Comm. 1978). 
The remaining awards consist of the following: 
1" Place at the Holiday Dance Classic in Nevada and finalist in the Open 
Professional Championship 2004 
1 " Place Heritage Classic 2005 
5" Open Professional Championship 2005 
2nd Place at the Embassy Ball 
Among the top 24 couples in the 2000 Germany Open Championship 
2005 Blackpool competition 
P 22nd (out of 237) Professional Latin - Jive 
P 29" (out of 237) Professional Latin - Samba 
P 33"' (out of 237) Professional Latin - Cha Cha 
P 33rd (out of 237) Professional Latin - Rumba 
P 35" (out of 237) Professional Latin - Paso 
Counsel claims that the beneficiary's "consistent finish . . . in the top 15% of the world in five dances in the 
world's most prestigious and competitive dance competition surely meets" the statutory requirement that the 
beneficiary has received "distinction." We do not agree that such a claim establishes that the beneficiary is an 
alien of extraordinary ability. First, placing from 22"d to 35" place in an international dance competition is not 
indicative of extraordinary ability. Moreover, the statute requires "sustained national or international acclaim." 
[Emphasis added.] In this instance, all of the competitions listed by the petitioner, with the exception of the 2000 
Germany Open Championship, took place within one year of the filing of the petition. 
The beneficiary does not satisfy this criterion. 
Further, upon review of the record, we do not find the evidence establishes that the beneficiary has met at least 
three of the remaining regulatory criteria. 
Evidence that the alien has performed, and will perform, services as a lead or starring participant in 
productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, 
publicig releases, publications, contracts, or endorsements. 
No evidence was submitted in relation to criterion number one. 
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. 
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For criterion number two, the petitioner submits several articles and photographs. The majority of the articles and 
photographs come from a magazine called Dance Beat. Counsel asserts that ths magazine is "the only nationally 
circulated and distributed newspaper in the United States covering the field of ballroom dance competitions." 
However, without documentary evidence to support the claim, the assertions of counsel will not satisfy the 
petitioner's burden of proof. The unsupported assertions of counsel do not constitute evidence. Matter of 
Obaigbena, 19 I&N Dec. 533, 534 (BIA 1988); Matter of laureano, 19 I&N Dec. 1 (BIA 1983); Matter of 
Ramirez-Sanchez, 17 I&N Dec. 503, 506 (BIA 1980). Regardless, while the articles and photographs in Dance 
Beat may mention the beneficiary's name, she is presented as just one of many competitors. Accordingly, we do 
not consider any of the submitted materials to be about the beneficiary. 
Moreover, the criterion requires evidence that the beneficiary has achieved national or international recognition as 
evidenced by the published material. None of the submitted materials indicate that the petitioner has achieved 
national or international recognition. Instead, the articles make statements such as, the beneficiary "faces a bright 
future . . . .," and "will be . . . very effective." 
The record also contains an advertisement for the California Open, a dancesport championship competition. The 
advertisement contains an uncaptioned picture of the beneficiary among several other dancers. Such evidence is 
not considered to be about the beneficiary or to be published in a major newspaper, trade journal, magazine, or 
other publications. 
The remaining article, contained in the "Lifestyle" section of the Press and Guide,and entitled "Przybyl twins join 
the HFCC for 17" annual Dance Revue," can be considered to be about the beneficiary. Again, however, the 
petitioner has failed to establish that this is a major newspaper and that ths article is evidence that the beneficiary 
has achieved national or international recognition for achievements. 
The beneficiary does not satisfy ths criterion. 
Evidence that the alien has performed, and will perform, 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. 
No evidence was submitted in relation to criterion number three. 
Evidence that the alien has a record ofmajor commercial or critically acclaimed successes as evidenced by such 
indicators as title, rating, standing in thefield, box ofice receipts, motion picture or television ratings, and other 
occupational achievements reported in trade journals, major newspapers, or otherpublications. 
As evidence to satisfy this criterion, the petitioner submits several articles and photographs which, as indicated 
above, mention the beneficiary and her performance in competitions. While the articles do provide some 
general praise of the beneficiary's performances, the articles do not indicate that the beneficiary has a record of 
major commercial or critically acclaimed successes. Instead, the articles make statements such as that once the 
beneficiary's "foot alignments are improved she will be part of an effective team. A second article indicates 
that during the competition, the beneficiary suffered "a temporary set back" because she "kept looking at the 
floor." Such statements are not indicative of a person who has a record of success and is critically acclaimed. 
The beneficiary does not meet this criterion. 
LIN06 039 53131 
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Evidence that the alien has received signzficant recognition for achievemerzts from organizations, critics, 
governmental agencies, or other recognized experts in the jield in which the alien is engaged. Such 
testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the 
alien's achievements. 
Although the petitioner submits letters from prominent people in the field of competitive dance indicating their 
praise of the beneficiary, the letters do not indicate that the petitioner has received significant recognition for 
her achievements. 
The letter from 
 , President of the American Ballroom Co., Executive V.P. of 
International, and a member of several dancesport councils, indicates that the beneficiary 
as many of the couples in the top 24 British championship." 
The letter fro - Chairman of the international Dance Board fo 
owner and organizer of the Ohio Star Ball attests that the beneficiary "posses [sic] extraordinary ability" and 
that the "knowledge she has obtained as a 
 sic] over the years without a doubt will benefit the 
American dancers greatly." The letter from 
 a former competitive dancer and current teacher and 
lecturer lists the competitions that the beneficiary has placed in and states that he has judged the beneficiary 
and her partner for "over a two year period com etin here in the US." and "witnessed their tremendous 
improvement as dancers and  competitor^.'^ Mi.w concludes that "as a judge and over 20 years of 
experience in our dance business, [the beneficiary as proven herself over the last two years to be a strong 
ability and with a real and great potential of becoming future professional World 
Champion.' 
 owner of the Champion Ballroom Academy and national dance judge, states that 
high level International Latin Ballroom Dancer" and indicates that the 
beneficiary is "an exceptional dancer with exquisite technique." Other letters indicate that the beneficiary 
"would be a great benefit," that her "contribution could be tremendous," and that she and her partner "are 
likely to be contenders for the U.S. national championship in a very short time." While these writers indicate 
that they are "impressed" with the beneficiary and her "discipline, hard work and.. .great passion," such letters 
are not indicative of the beneficiary's receipt of significant recognition for her achievements. 
The beneficiary does not establish this criterion. 
Evidence that the alien has either commanded a high salay or will command a high salary or other substantial 
remuneration for services in relation to others in thefield, as evidenced by contracts or other reliable evidence. 
While the petitioner has offered to pay the beneficiary a yearly salary of between $52,000 and $57,000, the 
petitioner has provided no evidence to establish that this salary is a high salary compared to other similarly 
employed dancers. In the absence of such information, the AAO is unable to evaluate whether the proffered wage 
may be considered high in relation to others in the beneficiary's field of endeavor. The petitioner's assertion that 
ths is a high salary is not sufficient to establish that the beneficiary meets this criterion. Going on record without 
supporting documentary evidence is not sufficient for purposes of meeting the burden of proof in these 
proceedings. Matter of Sofjici, 22 I&N Dec. 158, 165 (Cornrn. 1998) (citing Matter of Treasure Craft of 
California, 14 I&N Dec. 190 (Reg. Comm. 1972)). 
Based upon the above discussion, we concur with the finding of the director that the petitioner has failed to 
demonstrate that the beneficiary has won significant national or international awards or prizes or that she meets 
at least three of the regulatory criteria. 
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In addition to finding that the beneficiary did not meet any of the regulatory criteria, the director further noted that 
from the evidence in the record, it appeared that although the beneficiary "may have garnered favorable notices for 
her performances as a ballroom dancer," the position offered to the beneficiary appeared to be "at least partly a 
teaching or coaching position." 8 C.F.R. § 214.2(o)(l)(ii)(l) requires the beneficiary to "continue work in the 
area of extraordinary ability." In this instance, we concur with the director that the beneficiary's job 
description appears to require skills of both a competitive dancer as well as an instructor or coach. While a 
competitive dancer and instructor share knowledge of dance, the two rely on very different sets of basic skills. 
Thus, competitive dancing and coaching or instructing are not the same area of expertise. This interpretation 
has been upheld in Federal Court. In Lee v. I.N.S., 237 F. Supp. 2d 914 (N.D. 111. 2002), the court stated: 
It is reasonable to interpret continuing to work in one's "area of extraordinary ability" as 
working in the same profession in which one has extraordinary ability, not necessarily in any 
profession in that field. For example, Lee's extraordinary ability as a baseball player does not 
imply that he also has extraordinary ability in all positions or professions in the baseball 
industry such as a manager, umpire or coach. 
Id. at 918. 
Despite the consistent history noted by the Court on this issue, we recognize that there exists a nexus between 
participating in a particular skill and coaching or instructing that skill. To make a determination on the issue, 
we have found the following balance to be appropriate; in a case where an alien has clearly achieved national 
or international acclaim as an athlete or in a particular skill such as competitive dancing and has sustained that 
acclaim in the field of coaching or instructing at a national level, we can consider the totality of the evidence as 
establishing an overall pattern of sustained acclaim and extraordinary ability such that we can conclude that 
instructing or coaching is within the petitioner's area of expertise. An instructor who has an established 
successful history of instructing dancers who compete regularly at the national level has a credible claim; an 
instructor of novices does not. In this instance, the record contains no evidence that the petitioner has 
demonstrated her extraordinary ability as a competitive dancer, much less as an instructor or coach. 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. In visa petition proceedings, the burden of proving elig~bility for the benefit sought 
remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. tj 1361. Here, that burden has not been 
met. 
ORDER: The appeal is dismissed.