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In re _______ [The Case of the Extraordinary Ability in the Arts and Entertainment: Distinction]

Administrative Appeals Office

File No. WAC 02-196-59736, 26 Immig. Rptr. B2-23 (2002)

Facts

The petitioner (plaintiff) was a theatrical agency that sought to employ the beneficiary as a juggler for a six-month engagement at a Las Vegas hotel. The beneficiary was not a United States citizen. The beneficiary previously worked as a juggler and lead performer on a tour with Ringling Brothers Circus and received favorable newspaper reviews for his performance. The beneficiary also received an international, premier-juggler award at an annual competition of circus performers. The petitioner requested that the beneficiary receive a nonimmigrant visa as an O-1 nonimmigrant under the Immigration and Nationality Act (INA). In support, the petitioner obtained a favorable consultation statement from the American Guild of Variety Artists (AGVA) regarding the beneficiary’s performance as a juggler. The petition was denied by the director of the California Service Center. The petitioner appealed the holding.

Rule of Law

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Issue

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Holding and Reasoning

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