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In re _______ [The Case of the Extraordinary Ability in Business: Rising to the Very Top of Your Field]

2008 Immig. Rptr. LEXIS 15976 (2008)

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In re _______ [The Case of the Extraordinary Ability in Business: Rising to the Very Top of Your Field]

Administrative Appeals Office
2008 Immig. Rptr. LEXIS 15976 (2008)

Facts

The petitioner (plaintiff) was a skin-care products and services company that sought to employ the beneficiary as vice president of marketing and sales for Russia and the Ukraine. The beneficiary was not a United States citizen. The beneficiary had experience as a Ukrainian bilingual educational assistant and a Ukrainian translator for bilingual Ukrainian children but did not otherwise have skills or training beyond those of a Ukrainian speaker. The beneficiary also was crowned Miss Hawaiian Tropic. The petitioner submitted newspaper and tabloid articles about the beneficiary’s appearance on the ABC Television Network’s program The Bachelor and on A-Channel. The petitioner also submitted letters from the beneficiary’s former employers. The petitioner requested that the beneficiary receive a nonimmigrant visa as an O-1 nonimmigrant under the Immigration and Nationality Act (INA). The petition was denied by the director of the California Service Center. The petitioner appealed the holding.

Rule of Law

Issue

Holding and Reasoning ()

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Immigration Law