dismissed
O-1B
dismissed O-1B Case: Horse Training
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Decision Summary
The appeal was dismissed because the AAO determined the petitioner misclassified the beneficiary's field. The petitioner sought an O-1B visa for extraordinary ability in the arts, but the AAO found the beneficiary's role as a horse trainer is in the field of athletics. Because the beneficiary was not engaged in a creative activity required for the 'arts' classification, the petition failed.
Criteria Discussed
Definition Of Arts Vs. Athletics 8 C.F.R. § 214.2(O)(3)(Iv)(A) (Awards Or Prizes) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(1) (Lead Or Starring Participant) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(2) (National/International Recognition) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(3) (Lead, Starring, Or Critical Role) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(4) (Commercial Or Critical Success) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(5) (Significant Recognition/Testimonials) 8 C.F.R. § 214.2(O)(3)(Iv)(B)(6) (High Salary) 8 C.F.R. § 214.2(O)(3)(Iv)(C) (Comparable Evidence)
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