remanded
O-1B
remanded O-1B Case: Circus Arts
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Decision Summary
The director's decision was withdrawn and the petition was remanded because the director applied the incorrect evidentiary standard. The director evaluated the beneficiary, a circus arts coach, under the criteria for extraordinary ability in athletics, whereas the correct standard was for extraordinary ability in the arts, as circus arts are a form of performing arts.
Criteria Discussed
8 C.F.R. § 214.2(O)(3)(Iii) (Athletics Criteria) 8 C.F.R. § 214.2(O)(3)(Iv) (Arts Criteria) 8 C.F.R. § 214.2(O)(3)(Ii) (Definition Of Arts) 8 C.F.R. § 214.2(O)(2)(Ii)(B) (Written Contract Requirement) 8 C.F.R. § 214.2(O)(2)(Ii)(D) (Advisory Opinion Requirement)
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