dismissed O-1B Case: Music

MATTER OF L-8-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 9, 2018 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a music agent, seeks to temporarily employ the Beneficiary as a jazz pianist. It seeks to 
classify her 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 10l(a)(l5)(O)(i), 8 U.S.C. § l l0l(a)(IS)(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 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 10l(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, OHS 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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Maller of L-B-
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 10l(a)(15)(o)(i) of the Act and 8 C.F.R. § 214.2(o)(3)(ii), (iv)} 
IL 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 Petitioner 
provided evidence relating to four criteria but did not satisfy any of them. The Petitioner maintains 
on appeal that she fulfills those four criteria . For the reasons discussed below, we find that the 
exhibits do not meet any evidentiary categories. 
Evidence that the alien has achieved national or international recognition 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 Petitioner provided a screenshot from goscon.co.kr reflecting an interview of the Beneficiary. 
The text in the screenshot summarizes the Beneficiary's musical career and asks questions relating to 
musical equcation. However, the screenshot does not demonstrate that the Beneficiary has been 
nationally or internationally recognized for her achievements. Moreover, the Petitioner did not 
submit supporting evidence establishing that qualifies as a major newspaper, trade 
journal, magazine, or other publication. Accordingly, the Petitioner did not show that the 
Beneficiary received national or international recognition for achievements evidenced by critical 
reviews or published material in major publications consistent with this regulatory criterion. 
Evidence that the alien has per.formed, and will perform, in a lead. starring, or critical 
role for organizations and establishments that have a distinguished reputation 
1 See also Matter o/Chawathe. 25 l&N Dec. 369, 376 (AAO 2010), in which we held that, "truth is to be detennined not 
by the quantity of evidence alone but by its quality ." 
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Maller <?f l-B-
evidenced by articles in newspapers, trade journals, publications, or testimonials. 
8 C.F .R. § 214.2(o)(3)(iv)(B)(J). 
The Petitioner asserts the Beneficiary's eligibility for this criterion based on assisting with other 
Korean musicians' album recordings , performing on Korean television programs, and playing with 
Korean musicians . The regulation at 8 C.F.R. § 214 .2(o)(3)(iv)(B)(3) requires a beneficiary's role 
"for organizations and establishments that have a distinguished reputation." Here, the Petitioner has 
not identified the organizations and establishments that she served through these projects. Further, 
although not claimed, we note that the Petitioner has not established that the Beneficiary performed 
in a lead, starring, or critical role for the organizations and establishments that produced the albums, 
television programs, and concerts . Moreover, while the Petitioner provided recommendation letters 
asserting that the Beneficiary performed in a critical role, they do not contain specific information 
reflecting such a role. For instance, CEO for , stated that the 
Beneficiary appeared on the television show, ' "to perform a live 
keyboard session in 2014 to the delight of her Korean fans." however, did not show how 
the Beneficiary's one-time app~arance on a television program was critical to the program or 
production company . 
In addition, the Petitioner argues that the Beneficiary performed in a critical role for 
Specifically, the Petitioner references a letter from CEO for 
who stated that the Beneficiary "has worked with and was part of the in 
some capacity from 2003 to 2012." Although the Petitioner submitted several screenshots dated 
between 2007 and 2011 that contained photographs of _ and listed the members, the 
Beneficiary is not listed as a member contrary to claim. While the record does contain 
one 2007 screenshot and album labels that list the Beneficiary as a member of the band, the 
Petitioner has not established the extent of her role, what contributions she made, and how her role 
was critical to Moreover, the Petitioner did not demonstrate how the Beneficiary's role 
as a member of "Heritage" was critical to overall. Further, although the 
aforementioned screenshots relate to the Petitioner did not show that 
Production enjoys a distinguished reputation. Accordingly, the Petitioner has not shown that the 
Beneficiary has performed in a lead, starring, or critical role for organizations and establishments that 
have a distinguished reputation 
Further, this regulatory criterion requires that the Beneficiary will prospectively perform in a lead, 
starring, or critical role for organizations and establishments that have a distinguished reputation. 
The Petitioner provided a letter from founder of the 
who stated that he has asked the Beneficiary to 
perform as a piano accompanist for two productions, 
and Although claims that 
the Petitioner will perform in a critical role, he does not provide specific details demonstrating the 
critical nature of her role foi the organization . In addition, the Petitioner presented screenshots from 
oscarmicheauxrep .tripod.com and newspaper articles relating to events at however, 
the evidence does not indicate that the theater program enjoys a. distinguished reputation. Even 
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though the Petitioner submitted additional evidence that 
Boston Foundation, it did not show that receiving funds 
establishes the distinguished reputation of 
received a grant from the 
from this philanthropic organization 
The Petitioner also submits a letter from minister of music at 
who stated that the Beneficiary "will serve as our instructor and 
performer at and "[h]er role will be critical to the success of 
Similar to the Petitioner 's previously discussed letters, does not support his 
claims with specific information demonstrating that the Beneficiary will perform in a critical role for 
or the church. Further, while the Petitioner presented floor plans of the 
academy , past concert pamphlets , and a screenshot from koreadaily .com regarding the expansion 
and remodeling of the sanctuary , the evidence does not show that the has a distinguished 
reputation . As the record does not document a future lead, starring, or critical role for organizations 
and establishments that have a distinguished reputation , the Petitioner has not demonstrated that the 
Beneficiary satisfies the requirements of this evidentiaiy 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 Petitioner argues that it provided evidence showing that the Beneficiary was selected to perform 
at the as well as expert opinion letters testifying that the festival 
"is considered to be a huge honor and achievement in the field of Jazz music." In order to meet this 
criterion, the Petitioner must demonstrate that the Beneficiary "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. " Here, the Petitioner did not 
establish that her performance at the is considered to be a major 
commercial or critically acclaimed success. Although the Petitioner submitted recommendation 
letters indicating that the Beneficiary "earn[ ed] a place among the at the 
held at the 
it did not offer evidence of her major commercial or critically acclaimed success such as box 
office receipts or occupational achievements reported in trade journals , major newspapers , or other 
publications consistent with this regulatory criterion . For these reasons, the Petitioner did not 
demonstrate that the Beneficiary satisfied this 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). 
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Matter (ll-8-
As evidence under this criterion, the Petitioner contends that it provided testimonial letters to show 
that the Beneficiary has received significant recognition for her achievements. While the letters 
summarized the Beneficiary's musical work and highlighted her personal accomplishments, they do 
not demonstrate that she has "received significant recognition." 2 For instance, professor 
at indicated that the Beneficiary performed at the 
and the however, did not 
explain that she received significant recognition for her performances at the festivals. Similarly, 
, jazz pianist, stated that the Beneficiary "has produced four CDs with her band, 
in Korea ." did not show what recognition the Beneficiary received from 
producing the CDs. Likewise, producer and composer at , listed several 
bands, concerts, and other events in which the Beneficiary participated without indicating whether 
she garnered significant attention for her performances. Here, the letters do not sufficiently explain 
how the Beneficiary has received significant recognition in the field for her work, nor has the 
Petitioner shown that the letters themselves constitute .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 eligibJe for the 0-1 visa classification as a foreign national 
with extraordinary ability in the arts. 
ORDER : The appeal is dismissed. 
Cite as Maller of L-B-, ID# 1363639 (AAO Aug. 9, 2018) 
2 Although we discuss a sampling of letters, we have reviewed and considered each one. 
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