U.S. Citizenship and Immigration Services

MATTER OF NMBB-, LLC

APPEAL OF VERMONT SERVICE CENTER DECISION

Non-Precedent Decision of the Administrative Appeals Office

DATE: APR. 20,2018

PETITION: FORM I-129, PETIT!ON FOR A NONIMMIGRANT WORKER

The Petitioner, a bakery, seeks to temporarily employ the Beneticiary as a pastry chef. It seeks to classify him as an 0-1 nonimmigrant, a visa classilication available to foreign nationals who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in the lield through extensive documentation. See Immigration and Nationality Act (the Act) section !Ol(a)(l5)(0)(i), 8 U.S.C. ~ I!Ol(a)(l5)(0)(i).

The Director of the Vermont Service Center denied Form 1-129, 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.

' . ~ 2!4.2(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 I 0 I (a)(l5)(0)(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 tield 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 ticld 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 well­known in the tield of arts." 8 C.F.R. § 214.2(o)(3)(ii).

Next, DHS regulations set forth alternative initial evidentiary criteria for establishing a beneticiary's sustained ·acclaim and the recognition of achievements. A petitioner may submit evidence either of nomination for or receipt of "signilicant national or international awards or prizes·· such as "an

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Maner ofNMBB-. LLC

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. § 2 14.2(o)(iv)(C).

The submiss ion of documents satisfying the initial evidentiary cri teri a does not, in and of itselt: establish eligibility for 0-1 _c l a~sification. See 59 Fed. Reg. 41818, 41 820 (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 peti tioner provides qualifying evidence satisfying the initial evidentiary criteria, we will determine whether the totality of the record and the quality of the evidence shows ex trao rdinary abi lity in the arts. See section IOI (a)( l5)(o)(i) ofthc Act and 8 C.F.R. § 214.2(o)(3)( ii), (iv). 1

11. ANALYSIS

A. Significant National or International Award or Prize

As noted above, a petitioner may demonstrate that a benct-iciary qualifies as an ind ividual 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 § 21 4.2(o)(3)(iv)(A). The Petitioner claims eligibility under this provision based on the Beneficiary's receipt of a second place finish at the "201.0 National Championship of

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The record contains two screenshots from elcolombiano.com, a screenshot from eltiempo.com, and a partial. translation from an unidentified publication.3 The evidence relates to brief coverage announcing the upcoming 20 I 0 championship. The Petitioner did not submit, for example, evidence of significant media coverage of any of the winners or of the championship since 20 10. This evidence does not show that the awards from the championship attracted signiticant recognition. Moreover, while the Pet itioner presents the bylaws for the 2012 championship, the documentation does not demonstrate that the awards received from the championship are considered to be significant national or international awards or prizes consistent with this regulatory requirement . In fact, the Petitioner references the "remoteness of the competition and its relatively new existence with this competition only starting in 2010." Given its. fairly recent creation, as well as limited press coverage, the Petitioner has not establ ished that the · Beneficiary's award rises to the level of a significant national or international prize or award. Without evidence establishing that the Beneficiary's award has garnered national or international recognition similar to an Academy Award, an Emmy, a

1 See also A--latter ofChawathe, 25 I&N Dec. 369, 376 (AAO 20 I 0), in wh ich we held that, "truth is to be detennined not by the quantity of evidence alone but by its quality." 2 The Beneficiary also received · at the same competition. 3 Any document in a foreign language must be accompanied by a full English language .translation. 8 C.F.R. § 103.2(b)(3).

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Muller of'NMBB-. LLC

Grammy, or a Director's Guild Award, the Petitioner's exhibits do not satisfy the regulation at 8 C.F.R § 2 14.2(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 Beneficiary sati sfied the high salary cri terion at 8 C.F.R. § 214.2(o)(3)(iv)(B)(6). The Peti tioner maintains on appeal that the exhibits satisfy four additional criteria. For the reasons discussed below, we lind that the exhibits do not meet any other evidentiary categories.

Evidence that !he alien has pe1/ormed. and will pe1:form, services as a lead or starring panicipant in productions or events which have a distinguished reputation as evidenced hy critical reviews. advertisements, publicity releases .. publications contracts. or endorsements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(l).

The Petitioner provides a letter from continental director for the who stated the Beneficiary served as a pastry chef at

and as a pastry teacher at the however, did not present specific details establishing

how the Bene fi ciary's positions as a pastry chef an~ pastry teacher show that he performed services as a leading or starring participant in events for or In addition, the record does not reHect documentation from or confirming his ro le, or evidence of critical reviews, advertisements, publicity re leases, publications contracts, or endorsements, sho\:ving that the Beneticiary performed in leading or starring services in events.

Furthermore, in addition to his past positions, this criterion requires that the Beneficiary "will perform" services as a lead or starring participant in productions or events with a disti nguished reputation. On appeal, the Petitioner docs not argue that the Beneficiary wi ll be a leading or starring participant in events or productions. While the record includes a letter from the Petitioner stating that the Beneficiary will "head up our Pastry Department," the letter docs not list the responsibilities associated with the Beneficiary's position and does not identi fy specific upcoming events in which he wi ll participate. As the record does not docume11t future productions or events or demonstrate that they have a distinguished reputation as shown by critical reviews, advertisements, publicity releases, publications contracts, or endorsements, the Petitioner has no t establ ished that the Beneficiary satisfies the requirements of this evidentiary criterion.

Evidence that the alien has achieved national or inlernational recogmtwn for achievements evidenced by critical reviews or other puhlished 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).

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Maller of NMIJIJ-. LLC

The Petitioner contends that the Beneficiary meets this criterion based on his second place finish at the "20 I 0 National Championship of first place at the "

' and authoring and publication of a cookbook. As discussed above, the record does not contain evidence of press coverage regarding winners from the "20 I 0 National Championship of

including the Beneficiary's second place fi nish. Further, the Petitioner did not support the record showing that the Beneficiary won the · let alone critical reviews or published materials by or about the Beneficiary. Moreover, the Petitioner previously submitted his cookbook, along with screenshots from

and .com showing the advertisement of his cookbook r~ther than critical reviews or other published materials by or about the Benefic iary.

In addition, the Petitioner presented an article about him publ ished in and .com. In response to the Director's request for evidence, the Petitioner claimed

that and "publishes approximately 30,000,00 units ... in Florida's Spanish-speaking community" and "a special edition for the Spanish-speaking community in Greater which averages I 0,000.00 units of each of its print editions." The Petitioner, however, did not support the record with circulation stati stics for the publication. Regard less, the Petitioner did not den1onstrate that 40,000 units is representative o f achieving national or international recognition for achievements evidenced in a major magazine consistent with the regulation at 8 C. F. R. § 2 I 4.2( o )(3 )( iv )(B )(2). For these reasons, the Petitioner did not' establish the Beneficiary's el igibility for th is criterion.

Evidence that the alien has jJel_/imned. and will pe1jorm, in a lead. starring, or critical role for organizalions and eslablishmen!s that have a distinguished reputation e1:idenced hy ar!icles in newspapers. lrade journals. publications. or testimonials. 8 C.F.R. ~ 214.2(o)(3)(iv)(B)(J).

On appeal, the Petitioner states that it "has satisfied the Third Criterion in which the Beneti ciary must demonstrate his performance in a critical role for organizations and establ ishments that have a di stinguished reputation as evidence by articles in newspapers in newspapers, trade journals, publications or testimonials." The Petitioner does not argue how the Director erred in her decision for this criterion, submit new evidence, or identify how the Beneficiary performed, and will perform, in a leading, starring, or critical role for organizat ions and establishments that have a distinguished reputa.tion. As noted above in our discussion of the criterion at 8 C.F.R. § 214.2(o)(3)(iv)(B)(I), the Peti tioner has discussed the Beneficiary's respective positions as a head pastry chef and pastry teacher at and but has not provided evidence from either organization to confirm his role or its significance.4 Moreover, the Petitioner does not reference any articles in newspapers, trade journals, publications, or testimonials. Accordingly, the Petitioner did not demonstrate that the Beneficiary meets this criterion.

J Further. although the Petitioner offered evidence establishing that enjoys a distinguished reputation. the record docs not contain documentation regarding reputation or standing.

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Aifaller (~fNM/313-. LLC

Evidence !hal the alien has received sign[ficanl recognition .fi>r achievements .fi'om organizotions. 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 <?f the alien's achievements. 8 C.F.R. § 214.2(o)(3)(iv)(B)(5).

As evidence under this criterion, the Petitioner argues that its letter from discussed above, satisfies this criterion. In particular, claimed that the Beneficiary "received recognition substantially above and beyond that reserved for his peers" and cites to the Beneficiary competing at the "20 I 0 National Championship of serving as a pastry chef at and teaching at Although provides her opinion, she does not explain or provide examples of how the noted competition or positions reflect significant recognition in the field , nor does she supp011 her assertion that the recognition he received is "substantially above and beyond" his peers. The record also contains a letter from dean of

School , who indicated that the Beneficiary participated in the 20 I 0 _championship, had hi s own company called and taught at three pastry schools. Again, does not show that the Beneficiary's achievements have garnered signilicant recognition IJ·om the field.

While the aforementioned references discuss the Beneficiary's professional experience, they do not sufficiently explain how he has received significant recognition in the field for his pastry \vork, nor has the Peti tioner shown that the letters themselves constitute such recognition. The issue fo r this regulatory criterion is whether the Beneficiary has received significant recognition for ac hievements 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.

Evidence thai the alien has either commanded a high saiCII)' or will command a high salw~v or other subslantial remuneration/or services in relalion 10 others in the .field. as evidenced hy con/racts or other reliable evidence. 8 C.F.R. § 2 14.2(o)(3)(iv)(B)(6).

The Director detem1ined that the Beneficiary met this criterion. The record contains evidence showing that the Beneficiary earned a high salary in relation to other pastry chefs in Colombia. Accordingly, we agree with the Director's tinding, and the Petitioner established that the Beneticiary satisfies this criterion.

III. CONCLUSION

·The record does not contain evidence of the Beneficiary's nomination tor 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.

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Matter ojNMBB-. LLC

ORDER: The appeal is dismissed.

Cite as Malter of'NMBB-. LLC, ID# 1156265 (AAO Apr. 20, 20 18)

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