dismissed O-1B Case: Music

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-C-S-O-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 10, 2018 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a symphony orchestra, seeks to temporarily employ the Beneficiary as a pianist. 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)(15)(O)(i). 
The Director of the Vermont Service Center denied Form I-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 submits additional documentation. 
Upon de nova 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 
Academy Award, an Emmy, a Grammy, or a Director's Guild Award," or at least three of six listed 
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Matter of L-C-S-O-
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 )(15)( o )(i) of the Act and 8 C.F.R. § 214.2( o )(3)(ii), (iv).' 
II. ANALYSIS 
A. Significant National or International Award or Prize 
As noted above, a petitioner may demonstrate that a beneficiary 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 § 214.2(o)(3)(iv)(A). The Petitioner submits a certificate for the 
from the 
and a from the The Petitioner, 
however, did not present any supporting evidence, such as substantial media coverage, showing the 
national or international significance of the awards or prizes. Without evidence establishing that the 
Beneficiary's awards or prizes have garnered national or international recognition similar to an 
Academy Award, an Emmy, a Grammy , or a Director's Guild Award , the Petitioner's exhibits do not 
satisfy the regulation at 8 C.F.R § 214.2(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 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 Petitioner 
provided evidence relating to four but did not satisfy any of them. Although the Petitioner provides 
additional documentation on appeal, it does not specify how the evidence relates and to which 
criteria it pertains. Therefore, we have considered the evidence submitted under the criterion that we 
find to be most applicable. For the reasons discussed below, we find that the exhibits do not meet any 
evidentiary categories. 
1 See also Matter of Chawathe, 25 l&N Dec. 369, 376 (AAO 2010), in which we held that, "truth is to be determin ed not 
by the quantity of evidence alone but by its quality." 
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Matter of L-C-S-O-
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 Director found that the Petitioner's submission of screenshots discussing the Beneficiary and his 
music did not demonstrate that he has performed as a leading or starring participant in productions or 
events that have distinguished reputations. 2 Furthermore, the Director determined that the 
Petitioner's contract with the Beneficiary reflecting that he will be a guest artist did not establish that 
he will perform as a lead or as a starring participant. In addition, the Director concluded that the 
Petitioner did not show that its productions or events have a distinguished reputation. 
On appeal, the Petitioner does not contest the Director's findings , and the record supports her 
determination. The Petitioner submits flyers for the Beneficiary's past concerts, such as 
Although the 
evidence advertised the Beneficiary as the featured performer, the Petitioner did not provide any 
supporting evidence showing that the productions or events have distinguished reputations. 
In addition, the Petitioner presents a 2015 letter inviting the Beneficiary "to perform for our special 
2014-2015 Concert on March 5, 2015." The letter, however, does not establish 
that the Beneficiary's performance will be in a leading or starring capacity at a future production or 
event. Moreover, the Petitioner does not offer documentation showing that its inaugural concert 
enjoys a distinguished reputation. Similarly, the Petitioner submits a contract between 
and the Beneficiary reflecting "professional management services" for 
him. The contract 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 as shown by critical reviews, advertisements, publicity 
releases, publications contracts, or endorsements, the Petitioner has not demonstrated that the 
Beneficiary satisfies the requirements of this evidentiary criterion. 
Evidence that the alien has achieved national or international recogmtwn for 
achievements evidenced by critical reviews or other published materials by or about the 
individual in major newspapers, trade journals, magazines, or other publications. 
8 C.F.R. § 214.2(o)(3)(iv)(B)(2). 
The Director determined that the Petitioner submitted screenshots that mentioned the Beneficiary 
and his music but did not show that he has achieved national or international recognition for 
achievements evidenced by published materials in major newspapers, trade journals, magazines, or 
2 The Director also indicated that the Petitioner provided foreign language documents without English language 
translations. 8 C.F.R. § 103.2(b )(3). 
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Matter of L-C-S-O-
other publications. On appeal, the Petitioner does not contest the Director's conclusion, and the 
record supports her findings. The Petitioner provides two articles from Corriere Adriatico AP. The 
first article does not mention the Beneficiary, and the second article indicates that the Beneficiary 
will be performing at a concert and will meet and speak to the public about his artistic experience. 
The Petitioner , however, does not provide supporting evidence showing that Corriere Adriatico AP 
is a major newspaper. Accordingly, the Petitioner did not demonstrate that the Beneficiary received 
national or international recognition for achievements evidenced by published material in a major 
newspaper consistent with the regulation at 8 C.F.R. § 214.2( o )(3)(iv )(8)(2). 
Evidence that the alien has performed, and will perform, in a lead, starring, or critical 
role for organizations and establishments that have a distinguished reputation 
evidenced by articles in newspapers, trade journals, publicatiom~ or testimonials. 
8 C.F.R. § 214.2(o)(3)(iv)(B)(3). 
Similar to the first criterion discussed above, the Director concluded that screenshots discussing the 
Beneficiary and his music did not establish that he has performed in a leading, starring, or critical 
role for organizations and establishments that have a distinguished reputation. In addition, the 
Director determined that the Petitioner's contract with the Beneficiary reflecting that he will be a 
guest artist did not show that he will perform as a leading, starring, or critical participant. Moreover, 
the Director found that the Petitioner did not demonstrate that it has a distinguished reputation. 
On appeal, the Petitioner does not contest the Director's determination, and we agree with her 
conclusion. The Petitioner does not offer evidence reflecting his past performances in a leading, 
starring, or critical role for organizations and establishments that have a distinguished reputation, as 
evidenced by articles in newspapers, trade journals, publications, or testimonials. Further, the 
Petitioner's letter does not indicate that the Beneficiary will perform in a leading, starring, or critical 
role for its organization. In addition, the Petitioner does not provide sufficient supporting evidence 
regarding its reputation. Moreover, the contract does not show that the Beneficiary will perform in a 
leading, starring, or critical role for or for any other organizations and establishments that 
have distinguished reputations, as shown by articles in newspapers, trade journals, publications, or 
testimonials. Accordingly, the Petitioner did not demonstrate that the Beneficiary meets this 
criterion. 
Evidence that the alien has a record of major commercial or critically acclaimed 
successes as evidenced by such indicators as title, rating, standing in the field, box 
office receipts, motion pictures or television ratings, and other occupational 
achievements reported in trade journals, major newspapers, or other publications. 
8 C.F.R. § 214.2(o)(3)(iv)(B)(4). 
The Director determined that the Petitioner's submission of documentation reflecting that the 
Beneficiary's music is available for sale on. and reviews of his music did not 
establish his record of major commercial or critically acclaimed successes. On appeal, the Petitioner 
does not contest the Director's decision and does not provide indicators such as title, rating, standing 
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Matter of L-C-S-O-
in the field, box office receipts, motion pictures or television ratings, and other occupational 
achievements reported in trade journals, major newspapers, or other publications. For these reasons, 
we agree with the Director's decision, and the Petitioner did not demonstrate that the Beneficiary 
satisfies this criterion. 
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 of L-C-S-O-, ID# 1500932 (AAO July 10, 2018) 
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