## Facts

- A U.S. skin-care products and services company filed a Form I-129 seeking to classify a foreign national as an O-1 nonimmigrant of extraordinary ability in business.
- The petitioner proposed to employ the beneficiary as Vice President of Marketing and Sales for Russia and Ukraine.
- The beneficiary’s prior work experience included employment as a Ukrainian bilingual educational assistant and as a Ukrainian translator working with bilingual Ukrainian children.
- The evidentiary record included a beauty-pageant title (Miss Hawaiian Tropic) and entertainment-related media exposure.
- The petitioner submitted newspaper and tabloid articles referencing the beneficiary’s media appearances, including ABC’s “The Bachelor” and a program on A-Channel.
- The petitioner also submitted letters from former employers supporting the beneficiary’s abilities.
- The California Service Center Director denied the petition, and the petitioner appealed to the USCIS Administrative Appeals Office (AAO).

## Issues

1. Whether the petitioner established that the beneficiary qualified for O-1 classification as an individual of extraordinary ability in business, requiring sustained national or international acclaim and proof the beneficiary is among the small percentage at the very top of the field.
2. Whether entertainment-focused publicity, a beauty-pageant title, and supportive letters—without documented, field-specific business achievements—satisfied the O-1 evidentiary criteria for extraordinary ability in business (marketing and sales).

## Decision

- The AAO dismissed the appeal and left the denial in place.
- The AAO concluded the record did not show sustained national or international acclaim in business or that the beneficiary had risen to the very top of the business field.
- The AAO found that the submitted publicity primarily reflected entertainment notoriety and did not establish extraordinary ability in business marketing and sales.
- The AAO determined that letters of support, without objective documentation showing top-of-field recognition in business, were insufficient to meet the O-1 standard.

## Legal Principles

- O-1 classification for extraordinary ability in business requires evidence of sustained national or international acclaim and proof the beneficiary is among the small percentage who have risen to the very top of the field of endeavor. (INA § 101(a)(15)(O)(i); 8 C.F.R. § 214.2(o).)
- Evidence must be tied to the claimed field. Publicity or achievements in entertainment or modeling carry limited weight when the petitioned work is in business, unless the record connects that recognition to extraordinary business accomplishments.
- Published material is persuasive only when it credibly documents recognition for the beneficiary’s work in the relevant field and reflects more than general celebrity or human-interest coverage.
- Support letters must provide specific, verifiable details and should be backed by independent documentation showing recognized standing in the field; conclusory praise alone generally does not establish eligibility.
- A senior proposed title (such as vice president) does not, by itself, prove extraordinary ability; eligibility depends on the beneficiary’s demonstrated record meeting the regulatory standard.

## Conclusion

In re [Name Redacted] held that an O-1 business petition was properly denied where the record relied heavily on a beauty-pageant title, reality-TV and tabloid publicity, and employer letters, but did not document sustained national or international acclaim or top-of-field standing in business marketing and sales.


In re [Name Redacted], 2008 Immig. Rptr. LEXIS 15976 (AAO 2008) (non-precedent)