dismissed O-1B Case: Dance

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Room A3042 
Washington, DC 20529 
File: LIN 02 296 53935 Office: NEBRASKA SERVICE CENTER Date: 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(0)(i) of the Immigration 
and Nationality Act, U.S.C. 5 1 101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
' . INSTRUCTIONS: 
This is thedecision 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. 
- 
p~obert P. Wiemann, Director 
Administrative Appeals Office 
LIN 02 296 53935 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the nonirnrnigrant visa petition. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is a dance studio and is seeking 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), 8 U.S.C. 9 1101(a)(15)(0)(i), in order to employ him for three years as a dance instructor and performer 
at an annual salary of $30,000. 
The director denied the petition, finding that the petitioner had failed to establish that the beneficiary satisfies 
the standards for classification as an alien with extraordinary ability in the arts. 
On appeal, counsel for the petitioner submits a brief. 
Section 10 1 (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 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 beneficiary is a 35-year old citizen of Slovakia. 
At issue is whether the petitioner has established that the beneficiary qualifies as an alien with extraordinary 
ability in the arts within the meaning of this provision. It is noted that it may be more appropriate to apply the 
more stringent requirements for dthletes given that ballroom dance (or ~ance~~ort)' is under consideration to 
become an official Olympic event2 
The regulation at 8 C.F.R. 5 214.2(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 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. 8 214.2(0)(3)(iv) states that in order to qualify as an alien of extraordinary ability, 
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 Grammy, or a Director's Guild Award; or 
Dancesport id the term used for competitive ballroom dance. 
See news release in the record of proceeding at www.idsf.net/~ress02/idsf0213 as accessed on September 
12,2002. 
LIN 02 296 53935 
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(B) At least three of the following forms of documentation: 
(1) Evidence that the alien has performed, and will perform services as a lead or 
starring participant in productions or events that 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 the alien is engaged. Such testimonials must be in a form 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; or 
(C) If the criteria in 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 petitioner asserts that the beneficiary has been nominated for a significant national award in his field of 
endeavor, namely, his 2002 nomination to the Slovakia National SportDance Team. The petitioner failed to 
establish that nomination to the Slovakia National SportDance Team is a significant national award. The 
petitioner prdvided no objective corroborating evidence that would indicate that such a nomination is a 
significant national or international award. The beneficiary does not satisfy the criterion set forth at 8 C.F.R. 
5 214.2(0)(3)(iv)(A), so the petitioner must establish that the beneficiary satisfies at least three of the criteria 
set out at 8 C.E.R. 5 214.2(0)(3)(iii)(B). 
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, 
publicity releaes, publications, contracts, or endorsements. 
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The petitioner failed to provide evidence in the form of critical reviews, advertisements, publicity releases, 
publications, contracts or endorsements to demonstrate that the beneficiary will perform as a lead or starring 
participant in productions that have a distinguished reputation. The beneficiary does not satisfy this criterion. 
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. 
In relation to criterion number two, the petitioner provided evidence that the beneficiary has participated, 
placed or won certain dance competitions, but not in the form of critical reviews or other published materials. 
The petitioner submitted two untranslated articles. The petitioner failed to provide translations of the articles 
in accordance with 8 C.F.R. 8 103.2(b)(3), so they cannot be considered. The petitioner failed to submit any 
other published materials by or about the beneficiary that was published in major newspapers, trade journals, 
magazines or other publications. The beneficiary does not satisfy this 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. 
For criterion number three, the petitioner asserts that the beneficiary played a leading and critical role for the 
Slovak Dance Sports Federation (SDSF) and the Slovakia National Team. Counsel for the petitioner stated 
that "occupying 1" place . . . [the beneficiary] played the leading role in his country's competitive dance 
establishment." The assertions of counsel do not constitute evidence. Matter of Obaigbena, 19 I&N Dec. 
533,534 (BIA 1988); Matter ofRamirez-Sanchez, 17 I&N Dec. 503,506 (BIA 1980). 
Being a finalist is not equivalent to being a lead or starring participant. Even in instances when the 
beneficiary placed first in a certain category, it cannot be ascertained from the evidence on the record whether 
he played a lead, starring or critical role. 
The petitioner submitted tesiimonials as evidence to satisfy this criterion. - Dance 
Masters, stated that the beneficiary has "represented our Dance Club in manv national as well as international 
dance competitions." owner, Couture Body Movement, wrote that the beneficiary and his 
partner "through the y-proved themselves time and again to be worthy Champions of this 
Country on all major competitions abroad." professional dance coach, wrote that the 
beneficiary and his partner "are very successful in the national competitions and also competitions abroad." 
In review, the testimonials do not establish that the beneficiary played a leading or critical role as a performer 
for organizations with a distinguished reputation. The testimonials' authors provided scant information about 
the stature of the competitions, or how the beneficiary could be characterized as playing a lead or starring role 
in the competitions. The beneficiary does not satisfy this criterion. 
For criterion number three, the petitioner asserted that the beneficiary satisfies this criterion as a coach 
because he coached pupils who have performed as a lead or starring participants in productions or events with 
a distinguished reputation. 
vice President of the Slovak Dancesport Federaton, wrote a lette; stating that four of the 
beneficiary's students became champions in the juvenile category in 2001 and vice-champions in the SDS 
Championships, juvenile category, in 2002. b 
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Capt. Military Cultural Club Manager of the Dancesport club "Aknelay' in Slovakia, 
"has acted for us as an external dance trainer since 1998. With [the beneficiary's 
help] we have succeeded to train several dance couples in the highest international performance category S." 
Lt. ~olhead of the Cultural and Methodical Centre in Trencen, Slovakia, wrote that the 
beneficiary has acted as an assistant trainer since 1998 and that he "helped us to train up the dance sport 
champions . . . in the junior, youth and amateur categories." 
The testimonials quoted above are vague. All but one testimonial fails to state the names of the beneficiary's 
pupils. They also fail to state the frequency with which the beneficiary worked with these pupils. The 
beneficiary does not satisfy this criterion. 
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 Peld, box ofice receipts, motion picture or television ratings, 
and other occupational achievements reported in trade journals, major newspapers, or other publications. 
The petitioner provided no evidence in relationship to this criterion. 
Evidence that the alien has received signzjicant recognition for achievements from organizations, critics, 
government agencies, or other recognized experts in the field in which the alien is engaged. Such 
testimonials wust be in a form which clearly indicates the author's authority, expertise, and knowledge of the 
alien's achievements. 
For criterion number five, the petitioner submitted numerous testimonials. 
Owner, DeLiz DanceSport Studio wrote, "my opinion of [the beneficiary] is based upon the 
in Attachment B." Attachment B was not included in the record of proceedings. 
dance masters, Paska Dancing School wrote that the beneficiary is a multiple champion 
c and that he achieved his position in the highest "S" category in the Latin American 
and Standard divisions. 
owner of Couture Body Movement, wrote that the beneficiary and his partner are ''top 
quabity Latin American [dance] champions in their country." 
championship adjudicator, wrote in an undated letter that the beneficiary and his partner "will 
be a tremendous asset." 
dance coach, wrote that the beneficiary and his partner "are very successfil in the national 
competitions and also competitions abroad." 
While the testimonials' authors all speak highly of the beneficiary's talent and career, the evidence falls short 
of establishing that the beneficiary has received significant recognition for his achievements from 
organizations, critics, government agencies, or other recognized experts in his field. The testimonials are 
vague as to bodh the beneficiary's acclaim and achievements. 
The petitioner also asserts that the beneficiary has received recognition for his achievements in the field of 
dance instruction. ~r.wice President of SDSF wrote that the beneficiary and his partner "represent a 
LIN 02 296 53935 
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\ 
significant contribution for the entire Slovak Dance sport.'wner of a dance studio, wrote 
that "only the very best Dance Sport instructors produce students who achieve the 'S' or 'International' level, 
as [the beneficiary] has." 
Mr. -ailed to explain how the beneficiary and his dance partner have made a significant contribution to 
Slovak DanceSport or why winning competitions is tantamount to making a significant contribution. The 
testimonials fail to establish that the beneficiary has received significant recognition for his achievements as a 
coach. The beneficiary does not satisfy this criterion. 
Evidence that the alien has either commanded a high salary or will command a high salary or other 
substantial remuneration for sewices in relation to others in the field, as evidenced by contracts or other 
reliable evidence. 
For criterion number six, the petitioner submitted a letter from a dance studio owner that states that "a starting 
salary of $30,000 per year plus benefits is very unusual and virtually unheard of in the Detroit metropolitan 
area." In his decision, the director noted that the Department of Labor's Occupational Outlook Handbook, 
2002-2003 edition, indicates that in the year 2000, median annual earnings of dancers were $22,470 and the 
highest 10 percent earned more than $55,220. On appeal, counsel for the petitioner asserts that the offered 
salary of $30,000 is 33.5% above the median annual earnings and the director should consider the value of 
medical benefits in addition to the salary. 
To evaluate whether the salary is high, AAO needs to compare it to the median and highest wages offered a 
nationwide to dancers. $30,000 is not high in relation to the wage earned by the top 10 percent. The 
beneficiary does not satisfy this criterion. 
After a careful review of the entire record, it is concluded that the petitioner has not shown that the 
beneficiary is a person of extraordinary ability in DanceSport. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. 5 
13 6 1. Here, the petitioner has not met that burden. 
ORDER: The appeal is dismissed.