dismissed O-2 Case: Athletics

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
U.s. Department of Homeland Security 
U.S. Citizenship and Irrnnigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and ImmigratIon 
Services 
FILE: Office: CALIFORNIA SERVICE CENTER Date: MAR 1 0 2011 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker under Section 10 I (a)(l S)(O)(ii) ofthe Immigration and 
Nationality Act, 8 U.S.C. § I 101 (a)(1S)(O)(ii) 
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.S. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.S(a)(1)(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 
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 dismiss the appeal. 
The petitioner filed the nonimmigrant petition seeking to classifY the beneficiary under section IOI(a)(15)(0)(ii) 
of the Immigration and Nationality Act (the Act), 8 U.S.C. § lI01(a)(15)(0)(ii), as an accompanying alien to 
••••••• a gymnast, whose petition for 0-1 classification was filed concurrently. 
The director denied the petition on January 21, 2009, based on the denial ofthe 0-1 petition filed on behalf of 
Ms. on that date. The petitioner subsequently appealed both denials. The AAO dismissed the 
petitioner's appeal of the 0-1 petition denial on or about May 19, 2010. USCIS records reflect that Ms. 
is presently the beneficiary of an approved P-l classification petition filed by the petitioner. 
Section 101(a)(15)(0)(ii) ofthe Act provides classification to a qualified alien who: 
(I) seeks to enter the United States temporarily and solely for the purpose of accompanying 
and assisting in the artistic or athletic performance by an alien who is admitted under 
clause (i) for a specific event or events; 
(II) is an integral part of such actual performance, 
(III) (a) has critical skills and experience with such alien which are not of a general nature 
and which cannot be performed by other individuals .... 
(IV) has a foreign residence which the alien has no intention of abandoning. 
The regulations at 8 C.P.R. § 214.2(0)(4) provide the following requirements for an 0-2 accompanying alien: 
(i) General. An 0-2 accompanying alien provides essential support to an 0-1 artist or 
athlete. Such aliens may not accompany 0-1 aliens in the fields of science, business or 
education. Although the 0-2 alien must obtain his or her own classification, this 
classification does not entitle him or her to work separate and apart from the 0-1 alien to 
whom he or she provides support. An 0-2 alien must be petitioned for in conjunction 
with the services of the 0-1 alien. 
(ii) Evidentiary criteria for qualifYing as an 0-2 accompanying alien-
(A) Alien accompanying an 0-1 artist or athlete of extraordinary ability. To qualifY 
as an 0-2 accompanying alien, the alien must be coming to the United States to 
assist in the performance of the 0-1 alien, be an integral part of the actual 
performance, and have critical skills and experience with the 0-1 alien which 
are not of a general nature and which are not possessed by a U.S. worker. 
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(C) The evidence shall establish the current essentiality, critical skills, and 
experience of the 0-2 alien with the 0-1 alien and that the alien has substantial 
experience perfonning the critical skills and essential support services for the 
0-1 alien. 
Upon review, the AAO will affinn the denial of the petition and dismiss the appeal. Pursuant to section 
IOI(a)(l5)(0)(ii)(l) of the Act, an 0-2 alien may enter the United States temporarily and solely for the purpose 
of accompanying and assisting in the artistic or athletic perfonnance of an 0-1 alien. An 0-2 alien must be 
petitioned for in conjunction with the services of an 0-1 alien. 8 C.F.R. § 214.2(0)(4)(i). 
Here, while the beneficiary's services as an 0-2 accompanying alien were petitioned for in conjunction with 
the services of an 0-1 alien, the 0-1 petition was denied, and the petitioner' appeal of the denial was 
dismissed. The status of an 0-2 alien is contingent upon the status of the 0-1 alien. As there is no 0-1 alien for 
the beneficiary to support, the statute and regulations prohibit the approval of this petition. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
ORDER: The appeal is dismissed.