sustained O-1A Case: Coffee Industry

US. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals, MS 2090 
identifying data deleted to 
 Washington, DC 20529-2090 
prevent clearly unwmd 
hmiun of personal privay 
rnLK COPY: 
FILE: WAC 09 134 51026 Office: CALIFORNIA SERVICE CENTER Date: NOV 2 3 2009 
PETITION: 
 Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration and 
Nationality Act, 8 U.S.C. 9 1 10 1 (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. 
Vrry Iulew 
hief, Administrative Appeals Office 
WAC 09 134 51026 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition and the matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained and the petition 
will be approved. 
The petitioner filed this petition seeking to classify the beneficiary as an 0-1 nonimmigrant pursuant to section 
101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), as an alien with extraordinary ability in 
business. The petitioner, a coffee and tea manufacturer, wholesaler and retailer, seeks to employ the beneficiary 
in the position of director of education and training for a period of three years. 
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary has achieved 
the required national or international acclaim in his field. The director found that the submitted evidence did not 
establish that the beneficiary meets any of the evidentiary criteria set forth at 8 C.F.R. 5 214.2(0)(3)(iii)(B). 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded 
the appeal to the AAO for review. On appeal, the petitioner asserts that the director did not view the beneficiary's 
achievements or profession in the proper context and undervalued the significance of the beneficiary's awards. 
The petitioner contends that the beneficiary's "extraordinary ability and incredible achievements have been 
demonstrated and documented in his many awards, support letters, and the international acclaim he has received 
as a top barista." 
Section 10l(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 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 extraordinary ability 
provisions of this visa classification are intended to be highly restrictive. See 137 Cong. Rec. S18247 (daily ed., 
Nov. 16, 1991). In order to establish eligibility for 0-1 classification, the petitioner must establish that the 
beneficiary is "at the very top" of his field of endeavor. 8 C.F.R. tj 214.2(0)(3)(ii). 
The regulation at 8 C.F.R. 5 214.2(0)(3)(ii) defines, in pertinent part: 
Extraordinary ability in the fields of science, education, business, or athletics means a level of 
expertise indicating that the person is one of the small percentage who have arisen to the very top 
of the field of endeavor. 
The regulation at 8 C.F.R. 5 214.2(0)(3)(iii) states, in pertinent part: 
Evidentiary criteria for an 0-1 alien of extraordinary ability in the fields of science, education, 
business or athletics. An alien of extraordinary ability in the fields of science, education, 
business, or athletics must demonstrate sustained national or international acclaim and 
recognition for achievements in the field of expertise by providing evidence of 
(A) 
 Receipt of a major, internationally recognized award, such as the Nobel Prize; or 
WAC 09 134 51026 
Page 3 
(B) 
 At least three of the following forms of documentation: 
(I) 
 Documentation of the alien's receipt of nationally or internationally recognized 
prizes or awards for excellence in the field of endeavor; 
(2) 
 Documentation of the alien's membership in associations in the field for which 
classification is sought, which require outstanding achievements of their 
members, as judged by recognized or international experts in their disciplines or 
fields; 
(3) 
 Published material in professional or major trade publications or major media 
about the alien, relating to the alien's work in the field for which classification is 
sought, which shall include the title, date, and author of such published material, 
and any necessary translation; 
(4) 
 Evidence of the alien's participation on a panel, or individually as a judge of the 
work of others in the same or in an allied field of specialization to that for which 
classification is sought; 
(5) Evidence of the alien's original scientific, scholarly, or business-related 
contributions of major significance in the field; 
(6) 
 Evidence of the alien's authorship of scholarly articles in the field, in 
professional journals, or other major media; 
(7) 
 Evidence that the alien has been employed in a critical or essential capacity for 
organizations and establishments that have a distinguished reputation; 
(8) 
 Evidence that alien has either commanded a high salary or will command a high 
salary or other remuneration for services, evidenced by contracts or other 
reliable evidence. 
(c) 
 If the criteria in paragraph (0)(3)(iii) 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. 
Additionally, the regulation at 8 C.F.R. 5 2 14.2(0)(2)(iii) provides: 
The evidence submitted with an 0 petition shall conform to the following: 
(A) 
 Affidavits, contracts, awards, and similar documentation must reflect the nature of the 
alien's achievement and be executed by an officer or responsible person employed by the 
institution, firm, establishment, or organization where the work was performed. 
WAC 09 134 51026 
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(B) 
 Affidavits written by present or former employers or recognized experts certifying to the 
recognition and extraordinary ability . . . shall specifically describe the alien's recognition 
and ability or achievement in factual terms and set forth the expertise of the affiant and the 
manner in which the affiant acquired such information. 
The record consists of a petition with supporting documentation, a request for additional evidence (RFE) and the 
petitioner's reply, the director's decision, an appeal and an appellate brief. The beneficiary in this case is a native 
and citizen of Ireland and the 2008 winner of the World Barista Championship. The petitioner seeks to 
employ the beneficiary in the position of Director of Education and Training, a position which will entail 
further developing the petitioner's training program for baristas and wholesale customers through written 
training content, web based training tools, as well as one-to-one and group training and education sessions. 
In denying the petition, the director found that while the beneficiary has been shown to be a talented barista, 
the petitioner did not establish that the beneficiary possesses extraordinary ability as a director of education 
and training, or that he has achieved the requisite national or international acclaim and recognition in his field. 
The director determined that the petitioner's evidence failed to establish that the beneficiary meets any of the 
criteria for 0-1 classification as outlined at 8 C.F.R. 5 214.2(0)(3)(iii)(B). 
Upon review of the record of proceeding in its entirety, the AAO disagrees with the director's conclusion. The 
AAO finds that the petitioner has submitted probative evidence to establish that the beneficiary meets three of the 
eight criteria set forth at 8 C.F.R. 5 214,2(0)(3)(iii)(B). Accordingly, the director's decision will be withdrawn and 
the petition will be approved. 
If the petitioner establishes through the submission of documentary evidence that the beneficiary has received a 
major, internationally recognized award, such as the Nobel Prize, pursuant to 8 C.F.R. 5 214.2(0)(3)(iii)(A), then 
it will meet its burden of proof with respect to the beneficiary's eligibility for 0-1 classification. Here, it is not 
apparent that the beneficiary's field has an award that would be considered comparable to the Nobel Prize. 
As there is no evidence that the beneficiary has received a major, internationally recognized award, the petitioner 
must establish the beneficiary's eligibility under at least three of the eight criteria set forth at 8 C.F.R. 
5 2 14.2(0)(3)(iii)(B). 
In order to meet criterion number one, the petitioner must submit documentation of the alien's receipt of 
nationally or internationally recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. 5 
2 14.2(0)(3)(iii)(I). 
The beneficiary in this matter is the winner of the World Barista Championship held in Copenhagen, Denmark in 
June 2008. The director determined that there was insufficient evidence in the record to establish that this award 
is an internationally recognized prize or award for excellence in the beneficiary's field. The 
record contains multiple published articles regarding the competition, as well as a statement from 
Executive Director of the World Barista Championship. 
 indicates that the World Barista 
Championship was created jointly by the Specialty Coffee Association of America (SCAA) and the Specialty 
WAC 09 134 51026 
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Coffee Association of Europe (SCAE) and "serves as the premier global competition format for professional 
baristas." further explains that "the championship represents over 50 nations with a tiered competition 
that involves thousands of coffee professionals worldwide. There is only one national champion that emerges to 
represent their country in the world finals." -further states, and the evidence of record confirms, that, 
subsequent to winning his title, the beneficiary was invited by the national specialty coffee associations of several 
other countries to serve as an honored guest and special instructor in various educational events, and to serve as a 
judge at regional and national level competitions. 6 statement, considered in light of the significant 
publicity and recognition the beneficiary received as a result of winning the World Barista Championship, are 
sufficient to establish that the beneficiary's title of World Barista Champion is an internationally recognized prize 
or award for excellence in the beneficiary's field. 
The record further shows that the beneficiary has won nationally recognized titles, including the Irish Barista 
Championship (as a prerequisite for competing at the world championship level), the Irish Cup Tasters 
Championship, the Irish Latte Art Championship, and placed third in other world championship contests 
including the World Latte Art Championship and the World Coffee in Good Spirits Championships. 
The AAO finds that the petitioner has met the first criterion at 8 C.F.R. 5 214.2(0)(3)(iii)(l). 
To meet the third criterion, the petitioner must submit published material in professional or major trade 
publications or major media about the alien, relating to the alien's work in the field for which classification is 
sought, which shall include the title, date, and author of such published material, and any necessary translation. 8 
C.F.R. 5 214.2(0)(3)(iii)(B)(3). The AAO finds that the beneficiary has met this criterion. 
The petitioner submitted copies of the following publications featuring the beneficiary: 
' published in Fresh Cup Magazine; 
2008 issue of Hospitality Ireland; 
September 10,2008 issue of Theme magazine; 
published in the June 1, 2008 issue of the Sunday Tribune 
Magazine (Ireland); 
" 
 a," and 
" published in the July 15,2008 issue of the Irish Independent. 
I' champion" 
published in the November 28, 2008 issue of "Winter Mornings," a Media Planet supplement 
to The Evening Herald (Ireland). 
-. 
" published in the December 
2008 issue of Cafe' Europa (cover story); 
Cover feature, AugustISeptember 2008 issue of- 
* 
 Print advertisements for which include the beneficiary's endorsement of the 
brand, published in Food & Wine and other publications. 
The AAO notes that the majority of the articles appeared in professional publications dedicated to the 
specialty coffee or general restaurantthospitality industries. Given the beneficiary's area of claimed 
WAC 09 134 5 1026 
Page 6 
extraordinary ability, being featured in substantial articles in such publications as the "world's best barista" is 
indicative of his standing at the top of his field. Furthermore, the beneficiary has been featured in the Irish 
Independent, which is a major national daily newspaper in Ireland. While the director dismissed the 
significance of this publication because the petitioner indicated a circulation of approximately 160,000, the 
AAO finds this figure qualifies as "major media" in Ireland, given that country's relatively small population. 
Finally, the AAO finds that the petitioner has established that the beneficiary has participated on a panel as a 
judge of the work of others in the same field of specialization in which classification is sought. 8 C.F.R. § 
2 14.2(0)(3>(iii)(iv). 
The petitioner submitted evidence that the beneficiary was certified in December 2008 by the World Barista 
Championship as a 2009 WBC Certified Sensory Judge, and certified by the Specialty Coffee Association of 
America as a 2009 Judge for the Northwest Regional Barista Competition. The petitioner also submitted 
evidence that the beneficiary served as a judge for the Salvadoran Contest of Coffee Preparers held in San 
Salvador, El Salvador in October 2008. 
In addition, the petitioner provided a letter from of the Brazilian Coffee and 
Barista Association, an organization devoted to specialty coffee in Brazil which offers a national certification 
educational program for ~aristas. indicates that the beneficiary was invited to attend the 
association's 2009 Coffee Conference, where he "was a key element for judging competitors and selecting the 
competitor that represented Brazil at the World Barista Championship." 
The AAO finds this evidence sufficient to establish that the beneficiary has served on judging panels for 
major competitions within his field of specialization, and therefore the petitioner has established that the 
beneficiary meets a third criterion for this visa classification. 
The AAO has also taken into account the extensive testimonial evidence in the record from experts in the 
field familiar with the beneficiary's achievements, abilities and recognition. The testimonial evidence in the 
record demonstrates that the beneficiary' expertise in the specialty coffee field extends from training and 
educating other baristas who have competed in national and world-level competitions, to traveling throughout 
North America, South America and Europe as an international ambassador for the industry during his reign as 
world champion, to serving as a consultant to a leadin Italian es resso machine manufacture to assist in the 
development of new brewing technologies. of the Specialty Coffee Association of 
Europe, states that "there are few people in the world that have the experience and insight that [the 
beneficiary] has gained through his career and achievements, and no one of this caliber and rank in the United 
States." - indicates that the beneficiary's "talents are extremely rare," and that he "is 
certainly among the best coffee specialists in the world." t of the Specialty Coffee 
Association of America also counts the beneficiary as "one of the best [professional baristas] in the world." 
Finally, the petitioner emphasizes that the USCIS must distinguish between a "professional barista" and a 
barista who works at a coffee or restaurant chain, noting that "the professional barista is equivalent to a 
skilled, acclaimed chef, or a talented bakerlpastry chef except that slhe practices his or her craft with coffee.'' 
Counsel asserts that to win the World Barista Competition, one must be "the best in the world at this 
WAC 09 134 51026 
Page 7 
particular coffee discipline," and possess deep knowledge of every aspect of coffee. The petitioner further 
states: 
Upon winning the World Barista Championship, the champion is expected to become a 
leading ambassador of the global Specialty Coffee industry and travel the world making 
public appearances and leading training seminars and workshops. Since winning the World 
Barista Championship, [the beneficiary] commands a daily rate of $2,000 for his services and 
has given intensive seminars and workshops in the following countries around the world: 
Brazil, Argentina, Columbia, German, Denmark, Italy, Greece, United Kingdom, Taiwan, El 
Salvador, Guatemala, Nicaragua, Columbia, Ireland, Canada and all over the United States. 
While the director found that the beneficiary is a "talented" barista, he was not persuaded that the 
beneficiary's proposed position as director of education and training was in the area of the beneficiary's 
claimed extraordinary ability. The AAO finds that the beneficiary has in fact been recognized as one of the 
small percentage who has risen to the very top of his field as a professional barista, and that his proposed role as a 
director of education and training for the petitioner's barista training program is within his area of extraordinary 
ability. In reaching this conclusion, the AAO notes the petitioner's statements that the beneficiary has trained and 
coached U.S., Brazilian and United Kingdom national champions, and served on the coaching team of the 2007 
World Barista Champion. The beneficiary's experience in training professional baristas competing at the highest 
levels is also referenced in several of the published articles and testimonial letters submitted. Therefore, the 
petitioner has established that training and educating other baristas is within the beneficiary's area of expertise, 
and that the beneficiary seeks to enter the United States to continue work in his area of extraordinary ability. 
The extraordinary ability provisions of this visa classification are intended to be highly restrictive. 
 137 Cong. 
Rec. S18247 (daily ed., Nov. 16, 1991). In order to establish eligibility for extraordinary ability, the statute 
requires evidence of "national or international acclaim" and evidence that the alien's achievements have been 
recognized in the field of endeavor through "extensive documentation." The petitioner has established that the 
beneficiary's abilities have been so recognized. The petitioner has demonstrated that he meets at least three of the 
criteria set forth in 8 C.F.R. 5 214.2(0)(3)(iii), and as such may be considered to be an individual with 
extraordinary ability as a professional barista. Therefore, the appeal will be sustained. 
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 been met. 
ORDER: The director's decision dated June 3,2009 is withdrawn. The petition is approved.