AAO October 8, 2014
Case Information
USCIS Administrative Appeals Office (AAO)Date: October 8, 2014
Office: Vermont Service Center
Type: Non-Precedent
Petitioner: O2 Visa
Profession: Assistant Horse Trainer
Agent: No
Citation: AAO Oct082014_01D8101
Discussion
(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.
(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.
(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.
(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.
(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.
(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.
AAO Oct082014_01D8101