dismissed O-1B Case: Culinary Arts

MATTER OF T-R-LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 6, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a restaurant, seeks to temporarily employ the Beneficiary as an executive chef. It seeks 
to classify him as an 0-1 nonimmigrant, a visa classification available to foreign nationals who can 
demonstrate their extraordinary ability through sustained national or international acclaim and whose 
achievements have been recognized in the field through extensive documentation. See Immigration 
and Nationality Act (the Act) section 101(a)(15)(O)(i), 8 U.S.C. § 1101(a)(l5)(O)(i). 
The Director of the California 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. 
§ 214.2(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 101(a)(15)(O)(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 field 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 field 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 field of arts." 8 C.F.R. § 214.2(o)(3)(ii). 
Next, DHS regulations set forth alternative initial evidentiary criteria for establishing a beneficiary's 
sustained acclaim and the recognition of achievements. A petitioner may submit evidence either of 
nomination for or receipt of "significant national or international awards or prizes" such as "an 
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Matter of T-R- LLC 
Academy Award, an Emmy, a Grammy, or a Director's Guild Award," or 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 itself, 
establish eligibility for 0-1 classification. See 59 Fed. Reg. 41818, 41820 (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 101(a)(l5)(o)(i) of the Act and 8 C.F.R. § 214.2(o)(3)(ii), (iv): 
II. ANALYSIS 
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 recognition of achievements through evidence corresponding to at least three of the six initial 
evidentiary criteria at 8 C.F.R § 214.2(o)(3)(iv)(B). The Director determined that the Beneficiary 
satisfied two: leading, starring, or critical role for organizations and establishments at 8 C.F.R. 
§ 214.2(o)(3)(iv)(B)(J) and high salary at 8 C.F.R. § 214.2(o)(3)(iv)(B)(6). We agree with the 
Director as the record reflects that the Petitioner provided sufficient evidence establishing that the 
Beneficiary fulfilled both criteria. The Petitioner maintains on appeal that the exhibits satisfy two 
additional criteria.2 For the reasons discussed below, we find that the documentation does not meet 
any other evidentiary categories. 
Evidence that the alien has performed, and will perform, services as a lead or 
starring participant in productions or events which have a distinguished reputation 
as evidenced by critical reviews, advertisements, publicity releases, publications 
contracts, or endorsements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(J). 
The Petitioner contends that it provided recommendation letters from food 
and beverage manager at the in the Ukraine, and from president of 
the Association of Head Chefs, to meet this criterion. The Petitioner argues that "nothing in the 
regulation itself excludes these letters from consideration" and "such letters may reasonably be 
1 See also Matter of Chawathe, 25 l&N Dec. 369, 376 (AAO 2010), in which we held that, "truth is to be determined not 
by the quantity of evidence alone but by its quality." 
2 The Petitioner also argues that the Director should have given weight to insufficiently translated evidence and "plans to 
supplement this brief with properly certified translations shortly and will forward them to the AAO soon." Any 
document in a foreign language must be accompanied by a full English language translation. 8 C.F.R. § 103.2(b)(3). 
The translator must certify that the English language translation is complete and accurate , and that the translator is 
competent to translate from the foreign language into English. Id As of the date of this decision, the Petitioner has not 
submitted the translations; therefore , we consider the record to be complete as it now stands. 
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Matter of T-R- LLC 
characterized as, or contain, critical reviews, publicity releases, publications, or endorsements." The 
plain language of the regulation at 8 C.F.R. § 214.2(o)(3)(iv)(B)(l) requires the Petitioner to 
demonstrate that the Beneficiary "has performed, and will perform, services as a lead or starring 
participant in productions or events which have a distinguished reputation as evidenced by critical 
reviews, advertisements, publicity releases, publications contracts, or endorsements." Here, the 
Petitioner has not established that the recommendation letters reflect "critical reviews, 
advertisements, publicity releases, publications contracts, or endorsements" as required by the 
regulation. Moreover, while the letters indicate that the Petitioner oversaw the food operations for 
company anniversary, as well as served guests for the hotel's "New Year's Eve Gala" 
in 2015 and 2016, they do not contain detailed information showing that he performed as a lead or 
starring participant for events with distinguished reputations. 
Similarly, the Petitioner argues that a letter from director of education at the 
fulfills the criterion. Again, the Petitioner did not show that a reference letter 
meets the plain language of this regulatory criterion that requires evidence of "critical reviews, 
advertisements, publicity releases, publications contracts, or endorsements." In addition, 
does not indicate that the Beneficiary has performed as a lead or in a starring role for "productions or 
events which have a distinguished reputation." Rather, generally opines that the 
Beneficiary "is an extraordinary chef who has set himself apart from his peers" without identifying 
any productions or events that he performed services in a leading or starring role. 
Likewise, the Petitioner contends that the Beneficiary performed in a lead for 
in the United Kingdom. Specifically, the Petitioner references a recommendation 
letter from Paul Bancroft, general operations manager, who stated that the Beneficiary "was pivotal 
in the turnaround of the successes ... with his food presentation" including the pub being recognized 
with a five-star review in the and named one of the country's top 25 pubs in the 
newspaper. Although the documentation relates to the pub, the evidence makes no 
mention of the Beneficiary's performance for "productions or events which have a distinguished 
reputation as evidenced by critical reviews, advertisements, publicity releases, publications 
contracts, or endorsements" consistent with this regulatory criterion. 
In addition, the Petitioner argues that the Beneficiary satisfies this criterion based on his 
participation on a panel of 100 judges for the in 2015. Although 
the Petitioner presented emails thanking the Beneficiary for his participation and extending an 
invitation to judge for the 2016 awards, the documentation does not establish that he performed as a 
lead or starring participant "as evidenced by critical reviews, publicity releases, publications, or 
endorsements." Furthermore, the Petitioner did not show, for example, how his role or performance 
differentiated from the other judges on the panel to reflect a leading or starring role. Moreover, 
while the Petitioner submits screenshots from saltawards.com regarding background and history of 
the awards, it does not demonstrate that the ~---------- have a distinguished 
reputation. 
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Matter of T-R- LLC 
Finally, this regulatory criterion requires that the Beneficiary will prospectively perform for services 
as a lead or starring participant in productions or events which have a distinguished reputation as 
evidenced by critical reviews, advertisements , publicity releases , publications contracts , or 
endorsements. While the Petitioner presented an employment contract, it does not identify specific 
productions or events, let alone indicate whether the Beneficiary will perform as a leading or starring 
participant in productions or events that have a distinguished reputation. As the record does not 
document future productions or events or evince that they have a distinguished reputation, the 
Petitioner has not demonstrated that the Beneficiary satisfies the requirements of this evidentiary 
criterion. 
Evidence that the alien has received significant recognition for achievements from 
organizations, critics, government agencies, or other recognized experts in the field 
in which the alien is engaged. Such testimonials must be in a form which clearly 
indicates the author's authority, expertise, and knowledge of the alien 's 
achievements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(5). 
As evidence under this criterion, the Petitioner argues that its letter from discussed 
above, satisfies this criterion. In particular, claimed that the Beneficiary's "education 
and years of work experience, documents and verifies his vast background and in depth experience 
in vital roles in the culinary industry." Although provides her opinion, she does not 
explain or provide examples of how the Beneficiary "received significant recognition for 
achievements" in the field. While generally references the Beneficiary's professional 
education and experience, she does not sufficiently explain how he has received significant 
recognition in the field for his work, nor has the Petitioner shown that the letter itself constitutes 
such recognition. The issue for this regulatory criterion is whether the Beneficiary has received 
significant recognition for achievements from organizations, critics, government agencies, or other 
recognized experts in the field. The record lacks documentary evidence showing that the 
Beneficiary has received such recognition. 
III. CONCLUSION 
The record does not contain evidence of the Beneficiary's nomination for or receipt of a significant 
national or international award or prize, at least three of six listed categories of documents, or 
comparable evidence 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 ability in the arts. 
ORDER: The appeal is dismissed. 
Cite as Matter ofT-R- LLC, ID# 1577773 (AAO Aug. 6, 2018) 
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