Dismissed
O-1B
O-1B Dismissed โ Horse Training (2015): the appeal was dismissed primarily because the petitioner
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Decision Summary
The appeal was dismissed primarily because the petitioner filed under the wrong visa category. The petitioner sought an O-1B for extraordinary ability in the arts for a beneficiary engaged in training horses for 'cutting,' a competitive sport. The AAO determined that this activity falls under athletics, not arts, as it is not considered a 'creative activity or endeavor' as required for the O-1B classification.
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Definition Of 'Arts' Under 8 C.F.R. ยง 214.2(O)(3)(Ii) One-Time Achievement/Major Award Under 8 C.F.R. ยง 214.2(O)(3)(Iv)(A) Evidentiary Criteria Under 8 C.F.R. ยง 214.2(O)(3)(Iv)(B) Comparable Evidence
๐ Original decision (USCIS PDF)
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