dismissed O-2 Case: Horse Training

(b)(6)
DATEOCT 0 8 2014 Office: VERMONT SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(ii) of the Immigration and 
Nationality Act, 8 U.S.C. § 1101(a)(15)(0)(ii) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.P.R.§ 103.5. Do not file a motion directly with the AAO. 
Thanky%-
~se~t 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Acting Director, Vermont Service Center, denied the nonimmigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. We will 
dismiss the appeal. 
The petitioner filed the nonimmigrant petition seeking to classify the beneficiary under section 
101(a)(15)(0)(ii) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(0)(ii), as 
an accompanying alien to an assistant horse trainer. 
The acting director denied the petition on March 6, 2014, based on the fact that the 0-1 petition filed 
on behalf of Mr. was denied. The petitioner subsequently appealed both denials. We 
dismissed the petitioner's appeal of the 0-1 petition denial. 
Section 101(a)(15)(0)(ii) of the 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.F.R. § 214.2(o)(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. 
* * * 
(b)(6)
Page 3 
NON-PRECEDENT DECISION 
(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 performing the critical skills and essential support 
services for the 0-1 alien. 
Upon review, we will dismiss the appeal. Pursuant to section 101(a)(15)(0)(ii)(I) of the Act, an 0-2 
alien may enter the United States temporarily and solely for the purpose ofaccompanying and assisting 
in the artistic or athletic performance 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(o)(4)(i). 
Here, while the petitioner petitioned for the beneficiary's services as an 0-2 accompanying alien in 
conjunction with the services of an 0-1 alien, the director denied the 0-1 petition, and we dismissed 
the petitioner' appeal. 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, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 128 
(BIA 2013). Here, that burden has not been met. 
ORDER: The appeal is dismissed.