dismissed O-1B Case: Culinary Arts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF NMBB-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 20,2018 
PETITION: FORM I-129, PETIT!ON FOR A NONIMMIGRANT WORKER 
The Petitioner, a bakery, seeks to temporarily employ the Beneticiary as a pastry chef. It seeks to 
classify him as an 0-1 nonimmigrant, a visa classilication available to foreign nationals who can 
demonstrate their extraordinary ability through sustained national or international acclaim and whose 
achievements have been recognized in the lield through extensive documentation. See Immigration 
and Nationality Act (the Act) section !Ol(a)(l5)(0)(i), 8 U.S.C. ~ I!Ol(a)(l5)(0)(i). 
The Director of the Vermont Service Center denied Form 1-129, Petition for a Nonimmigrant 
Worker, concluding that the Petitioner did not satisfy, as required, the evidentiary criteria applicable 
to individuals of extraordinary ability in the arts: nomination for or receipt of a significant national 
or international or award. or at least three of six possible forms of documentation. 8 C.F.R. ' . 
~ 2!4.2(o)(3)(iv)(A)-(B). 
On appeal, the Petitioner asserts that the Director did not properly consider the record and maintains 
that the evidence satisfies the regulatory requirements. 
Upon de novo review, we will dismiss the appeal. 
I. LAW 
As· relevant here, section I 0 I (a)(l5)(0)(i) of the Act establishes 0-1 classification for an individual 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 tield through extensive documentation, and who seeks to enter the United States to continue work 
in the area of extraordinary ability. Department of Homeland Security (DHS) regulations define 
"extraordinary ability in the ticld of arts" as "distinction," and "distinction" as "a high level of 
achievement in the field of arts evidenced by a degree 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 tield of arts." 8 C.F.R. § 214.2(o)(3)(ii). 
Next, DHS regulations set forth alternative initial evidentiary criteria for establishing a beneticiary's 
sustained ·acclaim and the recognition of achievements. A petitioner may submit evidence either of 
nomination for or receipt of "signilicant national or international awards or prizes·· such as "an 
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Maner ofNMBB-. LLC 
Academy Award, an Emmy, a G rammy, or a Director's Guild Award," o r at least three of six listed 
categories of documents. 8 C.F.R. § 214.2(o)(3)(iv)(A)-(B). If the petitioner demonstrates that the· 
listed criteria do not readily apply to the beneficiary's occupation, it may submit comparable evidence 
to establish eligibility. 8 C.F.R. § 214.2(o)(iv)(C). 
The submission of documents satisfying the initial evidentiary criteria does not, in and of itselt: 
establish eligibility for 0-1 _c l a~s ification. See 59 Fed. Reg. 41818, 41 820 (Aug. 15, 1994)("The 
evidence submitted by the petitioner is not the standard for the classification, but merely the 
mechanism to establish whether the standard has been met."). Accordingly, where a petitioner 
provides qualifying evidence satisfying the initial evidentiary criteria, we will determine whether the 
totality of the record and the quality of the evidence shows extraordinary ability in the arts. See 
section IOI(a)( l5 )(o)(i) ofthc Act and 8 C.F.R. § 214.2(o)(3)(ii), (iv).
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11. ANALYSIS 
A. Significant National or International Award or Prize 
As noted above, a petitioner may demonstrate that a benct-iciary qualifies as an individual of 
extraordinary ability in the arts through evidence of his nomination for, or receipt of, a significant 
national or international award or prize like the Academy Award, an Emmy, a Grammy, or a Director's 
Guild Award. 8 C.F.R § 21 4.2(o)(3)(iv)(A). The Petitioner claims eligibility under this provision 
based on the Beneficiary's receipt of a second place finish at the "201.0 National Championship of 
, 2 
The record contains two screenshots from elcolombiano.com, a screenshot from eltiempo.com, and a 
partial. translation from an unidentified publication.3 The evidence relates to brief coverage 
announcing the upcoming 20 
I 0 championship. The Petitioner did not submit, for example, evidence 
of significant media coverage of any of the winners or of the championship since 20 10. This 
evidence does not show that the awards from the championship attracted signiticant recognition. 
Moreover, while the Petitioner presents the bylaws for the 2012 champ ionship, the documentation 
does not demons trate that the awards received from the championship are considered to be 
significant national or international awards or prizes consistent with this regulatory requirement. In 
fact, the Petitioner references the "remoteness of the competition and its relatively new existence 
with this competition only starting in 2010." Given its. fairly recent creation, as well as limited press 
coverage, the Petitioner has not establ ished that the · Beneficiary's award rises to the level of a 
significant national or international prize or award. Without evidence establishing that the Beneficiary's 
award has garnered national or international recognition similar to a n Academy Award, an Emmy, a 
1 See also A--latter ofChawathe, 25 I&N Dec. 369, 376 (AAO 20 I 0), in which we held that, "truth is to be detennine d not 
by the quantity of evidence alone but by its quality." 
2 The Beneficiary also received · at the same competition. 
3 Any document in a foreign language must be accompanied by a full English language .translation. 8 C.F.R. 
§ 103.2(b)(3). 
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Muller of'NMB B-. LLC 
Grammy, or a Director's Guild Award, the Petitioner's exhibits do not satisfy the regulation at 8 C.F.R 
§ 2 14.2(o)(3)(iv)(A). 
B. Evidentiary Criteria 
Absent evidence the Beneficiary has been nominated for, or received, a significant national or 
international award or prize, the Petitioner seeks to demonstrate the Beneficiary's sustained acclaim 
and recognitio n of achievements through evidence corresponding to at least three of the six initial 
evidentiary c riteria at 8 C.F.R § 214.2(o)(3)(iv)(B). The Director determined that the Beneficiary 
satisfied the high salary criterion at 8 C.F.R. § 214.2(o)(3)(iv)(B)(6). The Petitioner maintains on 
appeal that the exhibits satisfy four additional criteria. For the reasons discussed below, we lind that 
the exhibits do not meet any other evidentiary categories. 
Evidence that !he alien has pe1/or med. and will pe1:form, services as a lead or 
starrin g panicipant in production s or events which have a 
distinguished reputation 
as evidenced hy critical reviews. advertis ements, pub licity releases .. publicati ons 
contract s. or endorsemen ts. 8 C.F.R. § 214.2(o)(3)( iv)(B)(l). 
The Petitioner provides a letter from continental director for t he 
who stated the Beneficiary served as a pastry chef at 
and as a pastry teacher at the 
however, did not present specific details establishing 
how the Benefi ciary's positions as a pastry chef an~ pastry teacher show that he performed services 
as a leading or starring participant in events for or In addition, the record does not 
reHect documentation from or confirming his role, or evidence of critical reviews, 
advertisements, publicity releases, publications contracts, or endorsements, sho\:ving that the 
Beneticiary performed in leading or starring services in events. 
Furthermore, in addition to his past positions, this criterion requires that the Beneficiary "will 
perform" services as a lead or starring participant in productions or events with a distinguished 
reputation. On appeal, the Petitioner docs not argue that the Beneficiary will be a leading or starring 
participant in events o r productions. While the record includes a letter from the Petitioner stating 
that the Beneficiary will "head up our Pastry Department," the letter docs not list the responsibilities 
associated with the Beneficiary's position and does not identify specific upcoming events in which 
he will participate. As the record does not docume11t future productions or events or demonstrate 
that they have a distinguished reputation as shown by critical reviews, advertisements, publicity 
releases, publications contracts, or endorsements, the Petitioner has not established that t he 
Beneficiary satis fies the requirements of this evidentiary criterion. 
Evidence that the alien has achieved national or inlernational recogmtwn for 
achievem ents evidenced by critical reviews or other puhlished materials by or abo ut the 
individual in major newspapers. trade jo urnals, magazines. or other publications. 
8 C.F.R. § 214.2(o)(3)(iv)( B)(2). 
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Mall er of NMIJIJ-. LLC 
The Petitioner contends that the Beneficiary meets this criterion based on his second p lace finish at 
the "20 I 0 National Championship of first place at the " 
' and authoring and publication of a cookboo k. As discussed above, the record does not 
contain evidence of press coverage regarding winners from the "20 I 0 National Championship of 
including the Beneficiary's second place finish. Further, the Petitioner 
did not support the record showing that the Beneficiary won the · let alone 
critical reviews or published materials by or about the Beneficiary. Moreover, the Petitioner 
previously submitted his cookbook, along with screenshots from 
and .com showing the advertisement of his cookbook r~ther 
than critical reviews or other published materials by or about the Beneficiary. 
In addition, the Petitioner presented an article about him published in and 
.com. In response to the Director's request for evidence, the Petitioner claimed 
that and "publishes approximately 30,000,00 units ... in 
Florida' s Spanish-speaking community" and "a special edition for the Spanish-speaking community 
in Greater which averages I 0,000.00 units of each of its print editions." The Petitioner, 
however, did not support the record with circulation statistics for the publication. Regardless, the 
Petitioner did not den1onstrate that 40,000 units is representative of achieving national or 
international recognition for achievements evidenced in a major magazine consistent with the 
regulation at 8 C. F. R. § 2 I 4.2( o )(3 )(iv )(B )(2). For these reasons, the Petitioner did not' establish the 
Beneficiary's eligibility for this criterion. 
Evidenc e that the alien has jJel_/imned. and will pe1jorm, in a lead. starring, or critica l 
role for organizali ons and eslablishm en!s that have a distinguished reputation 
e1:idence d hy ar!icles in newspapers. lrade journals . publi cations. or testimonials. 
8 C.F.R. ~ 214.2(o)(3)(i v)(B)(J). 
On appeal, the Petitioner states that it "has satisfied the Third Criterion in which the Beneticiary 
must demonstrate his performance in a critical role for organizations and establishments that have a 
distingui shed reputation as ev ide nce by articl es in newspape rs in newspa pers, trade journa ls, 
publications o r testimonials." The Petitioner does not argue how the Director erred in her decision 
for this criterion, submit new evidence, or identify how the Beneficiary performed, and will perform, 
in a leading, starring, or critical role for organizations and establishments that have a distinguished 
reputa.tion. As noted above in our discussion of the criterion at 8 C.F.R. § 214.2(o)(3)(iv)(B)(I), the 
Petitioner has discussed the Beneficiary's respective positions as a head pastry chef and pastry 
teacher at and but has not provided evidence from either organization to confirm his 
role or its significance.4 Moreover, the Petitioner does not reference any articles in newspapers, 
trade journ als, publications, or testimonials. Accordingly, the Petitioner did 
not demonst rate that the 
Beneficiary meets this criterion. 
J Further. although the Petitioner offered evidence establishing that enjoys a distinguished reputation. the record 
docs not contain documentation regarding reputation or standing. 
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Aifaller (~fNM/313-. LLC 
Evidence !hal the alien has received sign[ficanl recognition .fi>r achievements .fi'om 
organizotions. critics. government agencies , or other recogniz ed experts in the field 
in which the alien is engaged Such testimonial s must be in a for m which clearly 
indicates the author's authority. expertise. and knowledge <?f the alien's 
achievements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(5). 
As evidence under this criterion , the Petitione r arg ues that its letter from discussed 
above, satisfies this criterion. In particular, claimed that the Beneficiary "received 
recognition substanti ally above and beyond that reserved for his peers" and cites to the Beneficiary 
competing at the "2 0 I 0 National Championship of serving as a pastry 
chef at and teaching at Although prov ides her opinion , she doe s not 
explain or provide examples of how the noted competition or positions reflect significant recognition 
in the field , nor does she supp011 her assertion that the recogniti on he received is "sub stantially 
above and beyond" his peer s. The record also contains a letter from dean of 
School , who indicat ed that the Beneficiary participated in the 20 I 0 
_championship , had his own company called and taught at three pastry 
schools. Again , does not show that the Bene ficia ry's achievement s have garnered 
signilicant recognition IJ·om the field. 
While the aforementioned references discuss the Beneficiary's professional experience , they do not 
sufficiently explain how he has received significant recognition in the field for his past ry \vork, nor 
has the Peti tioner show n that the letters them selves const itute such recog nition. The issue for t his 
regulatory criterion is whether the Beneficiary has received significant recognition for achievements 
from organizations, critics , government agencie s, · or other reco gnized experts in the field. The 
record lacks documentary evidence showing that the Beneficiary has received such recognition. 
Evidence thai the alien has either commanded a high saiCII)' or will command a high 
salw ~v or other subslantial remuneration/or services in relalion 10 others in the .field. as 
evidence d hy con/racts or other reliable evidence. 8 C.F.R. § 2 14.2(o)(3)(iv)(B)(6). 
The Director detem1ined that the Beneficiary met this criterion. The reco rd contains evidence showing 
that the Beneficiary earned a high salary in relation to other pastry chefs in Colombia. Accordingly, we 
agree with the Director's tinding , and the Petitioner established that the Beneticiary sat isfies this 
criterion. 
III. CONCLUSION 
·The record does not contain evidence of the Beneficiary's nom ination tor or receipt of a significant 
national or international award or prize, at least three of six listed categories of documents, or 
comparable evide nce of his eligibility. 8 C.F.R. § 214.2(o)(3)(iv)(A)-(C). Accordingly , the Petitioner 
. has not established that the Beneficiary is eligible for the 0-1 visa classification as a foreign national 
with extraordinary abilit y in the arts. 
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Matter ojNMBB-. LLC 
ORDER: The appeal is dismissed. 
Cite as Malter of'NMBB-. LLC, ID# 1156265 (AAO Apr. 20, 20 18) 
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