dismissed O-1B Case: Music

U.S. Citizenship 
and Immigration 
Services 
In Re: 22935724 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 22, 2022 
Form I-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) 
The Petitioner, a live music entertainment promoter, seeks to classify the Beneficiary, a musical artist, 
as a noncitizenof extraordinary ability. To do so, the Petitioner pursues 0-1 nonimmigrant classification, 
available to individuals 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. § 
11 o 1 (aX15)(O)(i). 
The Director of the California Service Center denied the petition, concluding that the record did not 
establish that the Beneficiary satisfied the initial evidentiary criteria applicable to individuals of 
extraordinary ability in the arts: nomination for or receipt of a significant national or international 
award, or at least three of six possible forms of documentation . 8 C.F.R. § 214.2(0 )(3)(iv)(A)-(B). 
In these proceedings, it is the petitioner's burden to establish eligibility for the requested benefit 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
As relevant here, section 101 (a)(l 5)(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." See 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 
categories of documents. See 8 C.F.R. § 214.2(o)(3)(iv)(A)-(B) . 
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 
IO I (a)(l 5)( o )(i) of the Act and 8 C.F.R. § 214.2( o )(3)(ii), (iv).1 
II. ANALYSIS 
Because the Petitioner has not indicated or established that the Beneficiary has been nominated for, or 
is the recipient of, significant national or international awards or prizes in his field , it must satisfy at 
least three of the six regulatory criteria set forth at 8 C.F.R. § 214.2(o)(3)(iv)(B). The Director 
determined that the Petitioner established that the Beneficiary fulfilled only one of the initial 
evidentiary criteria , high salary at 8 C .F.R. § 214 .2(o)(3)(iv)(B)(6). We do not agree with the 
Director 's finding relating to the high salary criterion, discussed later. On appeal, the Petitioner 
maintains that the Beneficiary satisfies five additional criteria, and provides additional evidence and 
evidence previously submitted into the record. After reviewing all the evidence in the record , we 
conclude that the Petitioner does not demonstrate that the Beneficiary meets at least three of the 
evidentiary categories . 
Evidence that the alien has p erformed, and will p erform, services as a lead or starring 
participant in p roduction s or events which have a distinguished reputation as 
evidenced by critical reviews, advertis ements, publicity releas es, publications 
contracts, or endors ements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(l). 
The record indicates that the Beneficiary is a popular music sin er and son 
since the 1990s on his own roductions including the albums 
and and the singles ________ __ 
andl I The submitted documentation included 
press releases , album covers , promotional posters , and photographs. On appeal , the Petitioner submits 
additional posters for the Beneficiary's past performances. The promotional posters specifically 
mention the Beneficiary by name, either as the solo artist or as one of several artists at events at which 
the Beneficiary has performed in Colombia. A 2018 press release on the website www .colombia.com for 
the Beneficiary's singlel I indicates the Beneficiary is currently promoting it and asserts it "has 
been very well received by the public and the media."2 In addition, online printouts show that the 
Beneficiary's albums and singles are available on digital streaming services such as Spotify, Apple 
Music, Tidal, Deezer, and iHeartRadio. 
1 See also Ma tterof Chawathe, 25 I&NDec. 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 We note that the translator 's certification that accompanies the press relea se does not include the translator's statement 
that she is competent to translate from the foreign language into English , as required by under 8 C.F.R . § 103 .2(b )(3). 
Accordingly , this translation has diminished probative value . 
2 
Upon review, although we find that the evidence establishes that the Beneficiary has performed in a 
lead or starring role for productions or events, the Petitioner has not submitted critical reviews, 
advertisements, publicity releases, publications, or other evidence to establish that the events 
themselves have a distinguished reputation, as required pursuantto the plain language of this criterion. 
As described above, the press release and posters regarding events at which the Beneficiary has 
performed do not establish that the productions have distinguished reputations in the Beneficiary's 
genre of music. The Petitioner did not document the reach of the website www.colombia.com such 
that a promotion on the website is indicative of the distinguished reputation of the event. In addition, 
while the Petitioner submitted evidence that the Beneficiary's music is available on digital streaming 
services, the Petitioner has not demonstrated how this evidence demonstrates that those productions 
have a distinguished reputation. The Petitioner has not established that publication on online 
streaming services is evidence of the distinguished reputation in the field of musical works posted on 
those sites. 
Based on the foregoing, the Petitioner has not submitted evidence that the Beneficiary has served as a 
lead or starring participant in productions or events that have a distinguished reputation and, therefore, 
does not satisfy this criterion, which requires evidence of both past and upcoming lead or starring 
participation in distinguished productions. Nonetheless, the Director also considered whether the 
Beneficiary will perform services as a lead or starring participant in events or productions with a 
distinguished reputation upon approval of the petition. The record indicates that if the requested 
classification is granted the Beneficiary, as a singer, will perform at a ballroom in Massachusetts and 
a theater and an American Legion post in New Jersey. The Petitioner has not submitted critical 
reviews, advertisements, publicity releases, publications, or other evidence to establish that the 
productions on the Beneficiary's proposed itinerary have a distinguished reputation . In sum, the 
Petitioner has neither identified nor documented, through submission of the evidence prescribed by 
regulation, the Beneficiary's previous or forthcoming lead or starring role in events with a 
distinguished reputation. Based on the above, the Petitioner has not established that the Beneficiary 
satisfies the requirements of this regulatory criterion. 
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 Director determined that the Petitioner did not satisfy this criterion. An article from the website 
www.caucaextremo.com indicates an u coming performance by the Beneficiary andl I I I at a concert in Colombia. An additional article from the website 
www.eje21.com.co dated 2022 provides that the Beneficiary,! 
I and loerformed at thel I Fair at the ____ in 
I I Colombia. 3 The Petitioner has not demonstrated how these two brief mentions of the 
3 We note that the record lacks the original untranslated document corresponding to the article fromwww.eje2l.com.co. 
Regarding the submission of foreign language documents, the regulation provides that the Petitioner shall submit such 
documents accompanied by a full English language translation. See 8 C.F.R. § 103 .2(b)(3). It does not indicate that 
English language translations maybe provided in lieu of foreign language documents. As the record does not include the 
foreign language document, we are unable confirm the authenticity of the English translation. In addition , neitherofthe 
3 
Beneficiary provide evidence ofhis national or international recognition for achievements in the music 
arts. 
Further, the record contains the above 2018 press release from the website www.colombia.com for his 
single I I which asserts that the Beneficiary is a popular music singer with "more than 16 
record productions in his 2 7 years of artistic life" who "stood out nationally and internationally," and 
provides a list of singles. A screenshot submitted from the Beneficiary's website, 
I I contains nearly identical language. The fact that these two items provide 
a list of singles does not establish that the achievements are nationally or internationally recognized in 
the Beneficiary's field. Further, the Petitioner did not offer any evidence to establish that 
www.caucaextremo,www.eje21.com.co, www.colombia.com, or the Beneficiary's website represents 
a major medium. 
Based on the above, the Petitioner has not established that the Beneficiary satisfies the eligibility 
requirements of this regulatory 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 provided two letters. 4 The Director considered the 
letters and concluded that, although they mentioned the Beneficiary's skills, they were insufficient to 
establish that the Beneficiary has received significant recognition for achievements in the field. This 
evidence includes letters from I I manager of 
who states that the Beneficiary "is an original, versatile and unique artist at the 
national level and his musical style is currently taken into account by other Colombian artists." 
director of the Colombian radio stationl I states that 
the Beneficiary is a singer "of national trajectory" and "an artist of great recognition and success in 
our country." 
The regulation at 8 C.F.R. § 214.2(o)(2)(iii)(B) provides that "[a]ffidavits written by present or former 
employers or recognized experts certifying to the recognition and extraordinary ability ... shall 
specifically describe the alien's recognition and ability or achievement in factual terms and set forth the 
expertise of the affiant and the manner in which the affiant acquired such information." Upon review of 
the letters, we agree with the Director's detennination that the Petitioner has not established that the 
Beneficiary has received significant recognition for achievements from organizations, critics, 
government agencies, or other recognized experts in the field. Although the aforementioned letters 
from I and I I praise the Beneficiary's originality and versatility 
and generally assert his national recognition they do not describe in factual terms the Beneficiary's 
aforementioned articles is accompanied by the translator's certification that she is competent to translate from the foreign 
language into English, as required byunder8 C.F.R. § I 03.2(b)(3). 
4 We note that the recommendation letters are in the Spanish language and are not accompanied by the translator's 
certification that she is competent to translate from the foreign language into English, as required by under 8 C.F.R. 
§ 103 .2(b )(3). Accordingly, these translations have diminished probative value 
4 
achievements in the popular music field. Further, the record contains no evidence of their authors' 
specific credentials as recognized experts. The Petitioner has, therefore, not established that the 
Beneficiary satisfies this evidentiary criterion. 
Evidence that the alien has either commanded a high salary or will command a high 
salary or other substantial remuneration for services in relation to others in the field, as 
evidenced by contracts or other reliable evidence. 8 C.F.R. § 214.2(o)(3)(iv)(B)( 6). 
As discussed earlier, the Director found that the Petitioner satisfied this criterion. For the reasons outlined 
below, the record does not reflect that the Petitioner submitted sufficient documentary evidence 
demonstrating that the Beneficiary meets this criterion, and we will withdraw the Director's 
determination on this issue. 
The record reflects that the Petitioner claimed eli ibility for this criterion based on evidence the 
Beneficiary earned royalties from the ________________________ 
I 5 As evidence of the Beneficiary's past earnings the Petitioner included a letter dated 
February 2022 from I of ___ _.Jstating that the Beneficiary earned royalties of COL 
$74,618 in 2020, COL $78,003 in 2021, and COL $45,786 in 2022. 6 However, the Petitioner did not 
provide appropriate salary and wage data for comparison purposes. The plain language of this regulatory 
criterion requires evidence of a high salary "in relation to others in the field." The Petitioner did not 
provide data regarding the salaries of others working in the Beneficiary's occupation and geographic area 
in Colombia, and thus did not provide a basis of comparison to allow a determination that his past salary 
is high. 7 
Finally, regarding the Beneficiary's prospective salary, assuming that the Beneficiary's compensation 
will be $72,000peryearas stated in the contract, thePetitionerhasnotestablishedthis salaryis considered 
high in relation to others in the field. The Petitioner does not offer salary statistics or other documentation 
as bases for comparison showing that the Beneficiary will command a high salary relative to others 
working in the Beneficiary's occupation. Without corroborated, reliable evidence, such as statistical 
documentation reflecting the salaries of others wmking in the Beneficiary's occupation, the Petitioner did 
not demonstrate that the Beneficiary will command a high salary. 
5 We note that in response to the Director's request for evidence (RFE), the Petitioner also asserted that the evidence 
offered in support if this criterion demonstrated the Beneficiary's "Memberships in Associations." The Petitioner 
referenced regulatory language applicable to individuals of extraordina1y ability in the field of science, education, business, 
orathletics-8 C.F.R. § 214.2(o)(3)(iii)(B)(2), a separate anddistinctnonimmigrantclassification. TheDirectorultimately 
considered the evidence as it related to 8 C.F.R. § 214.2(0 )(3)(iv)(B)(6). Because this proceeding is based on the Petitioner 
seeking non immigrant classification for the Beneficiary as an individual o fextraordinary ability in the arts under 8 C .F.R. 
§ 214.2(o)(3)(iv), we will only consider those applicable arguments and decline to reach determinations on inelevant 
eligibility claims. 
6 We note that lletteris in the Spanish language and is not accompanied by the translator's certification that 
she is competent to translate from the foreign language into English, as required by under 8 C.F.R. § I 03.2(b )(3). 
Accordingly, this translation has diminished probative value. 
7 Although the Petitioner also provided an invoice for COL$ 70,000 addressed t for the 
Beneficiary's December 2021 performance, the record does not contain evidence that the Beneficiary received payment 
for the invoice. 
5 
The Petitioner has not submitted any additional evidence or arguments on appeal. For the reasons 
discussed above, the Petitioner did not establish that the Beneficiary commanded a high salary or will 
command a high salary or other substantial remuneration for services in relation to others in his field. 
Accordingly, we withdraw the decision of the Director for this criterion. 
III. CONCLUSION 
The Petitioner did not establish that the Beneficiary meets the criteria at 8 C.F.R. 
§ 214.2( o )(3)(iv)(B)( 1), (2), (5), and ( 6). Although the Petitioner claims the Beneficiary's eligibility 
for two additional criteria on appeal, relating to lead, starring, or critical role for organizations and 
establishments at 8 C.F.R. § 214.2(o)(3)(iv)(B)(3) and record of major commercial or critically 
acclaimed successes at 8 C.F.R. § 214.2( o)(3)(iv)(B)( 4), we need not reach these grounds because the 
Petitioner cannot fulfill the initial evidentiary requirement of three criteria under 8 C.F.R. 
§ 214.2(o)(3)(iv)(B). We also need not provide a totality determination to establish whether the 
Beneficiary has sustained national or international acclaim and has achieved distinction in the field of 
arts. See section 10l(a)(l5)(O)(i)oftheActand8 C.F.R. § 214.2(o)(3)(ii)and(iv). 8 Accordingly, 
we reserve these issues. 9 Consequently, the Petitioner has not demonstrated the Beneficiary's 
eligibility for the 0-1 visa classification as an individual of extraordinary ability. The appeal will be 
dismissed for the above stated reasons, with each considered as an independent and alternate basis for 
the decision. 
ORDER: The appeal is dismissed. 
8 See also 2 USC IS Policy Manual, M .4(D), https://www.uscis.gov/policymanual. 
9 See INS v. Bagamasbad, 429 U.S. 24, 25-26 (1976) (stating that, like courts, federal agencies are not generally required 
to make findings and decisions unnecessary to the results they reach); see also Matter ofL-A-C-, 26 I&N Dec. 516, n.7 
(declining to reach alternative issues on appeal where an applicant is otherwise ineligible). 
6