## Facts

- A theatrical agency filed a Form I-129 seeking O-1 nonimmigrant classification for a non-U.S. citizen juggler as an individual of extraordinary ability in the arts.
- The agency sought to employ the beneficiary for a six-month live entertainment engagement at a Las Vegas hotel.
- The beneficiary was described as a lead performer who toured with Ringling Brothers Circus.
- The filing included favorable newspaper reviews of the beneficiary’s performances.
- The filing also included an international “premier-juggler” award received at an annual competition of circus performers.
- The petitioner submitted a favorable consultation from the American Guild of Variety Artists (AGVA).
- The USCIS California Service Center director denied the petition, and the petitioner appealed to the Administrative Appeals Office (AAO).

## Issues

1. Whether the beneficiary satisfied the O-1 “arts” standard of extraordinary ability by showing “distinction” in the field of performing arts/variety entertainment.
2. Whether the submitted evidence (lead performer work for a well-known circus, international award, press reviews, and AGVA consultation) met the regulatory evidentiary requirements for O-1 classification.
3. What weight, if any, a favorable labor-organization consultation must be given when USCIS otherwise finds the record insufficient.

## Decision

- The AAO issued a decision in an administrative appeal from the California Service Center’s denial of the O-1 petition.
- The available record does not reliably disclose whether the AAO sustained or dismissed the appeal, or the specific rationale used.

## Legal Principles

- O-1 classification for individuals of extraordinary ability in the arts requires proof of “distinction,” meaning a high level of achievement and recognition substantially above that ordinarily encountered, such that the person is prominent, renowned, leading, or well-known.
- O-1 arts petitions are evaluated under the INA’s O classification provisions and implementing regulations at 8 C.F.R. § 214.2(o), including specified evidentiary criteria (such as lead/starring roles for distinguished organizations, major recognition, critical reviews, and comparable remuneration).
- A labor-organization or peer-group consultation is generally required for O-1 petitions in the arts, but it is not, by itself, determinative of eligibility; adjudicators may assess the consultation alongside the full evidentiary record.

## Conclusion

This administrative appeal involved whether a juggler’s documented performances, recognition, and a favorable AGVA consultation established the “distinction” required for O-1 classification in the arts; however, the final disposition and detailed reasoning cannot be stated from the accessible case information.


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