dismissed E-2 Case: Culinary Arts

U.S. Citizenship 
and Immigration 
Services 
In Re: 25610092 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 16, 2023 
Form 1-129, Application for Change of Status (E-2 Treaty Investor) 
The Applicant seeks to employ the noncitizen in the United States as its chef under the E-2 
nonimmigrant classification for treaty investors . See section 101 (a)( 15)(E)( ii) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(E)(ii); 8 C.F.R. § 214.2(e). In accordance with the 
regulations, the application for a change of status was filed on Form 1-129, Petition for a Nonimmigrant 
Worker. See 8 C.F .R. §§ 214.l(c)(l) , 214.2(e)(20) and (21) . 
The Director of the California Service Center denied the application. The Applicant appealed the 
decision to the Administrative Appeals Office (AAO). We will reject the appeal based on our lack of 
jurisdiction . 
The Beneficiary was admitted to the United States as a nonimmigrant visitor under the Visa Waiver 
Pilot Program (VWPP) . Section 217 of the Act, 8 U.S . C. § 1187. Non citizens who are admitted to 
the United States under the provisions of the VWPP are not eligible to change status. Section 248(a)(4) 
of the Act, 8 U.S.C. § 1258(a)(4); 8 C.F.R . § 248.2(a)(6). The Director denied the application for this 
reason , and there is no appeal from the denial of a change of status application . 8 C.F.R. § 248 .3(g). 
Thus , the appeal will be rejected. 
Further, although an application for E-2 Treaty Investor status is made on Form 1-129 and E 
Supplement , there is no petition requirement and no petition determination that may be appealed. 
When it published the Final Rule governing the nonimmigrant classification, the Immigration and 
Naturalization Service (now U.S. Citizenship and Immigration Services) noted: 
[U]nder section 103 of the Act, the service has exclusive jurisdiction to adjudicate 
applications for admission to this country , as well as applications for change of 
nonimmigrant status to, or extensions of stay in, E nonimmigrant classification. In this 
regard, it should be noted that, unlike other employment-driven classification s, E 
nonimmigrant visa classification is not conferred by means of a petition, but instead by 
an application. 
62 Fed. Reg. 48138 (Sept. 12, 1997) (emphasis added) . 
While the AAO has appellate jurisdiction over most employment-based nonimmigrant visa petitions 
filed on Form I-129, the application for E nonimmigrant classification is an exception. Our appellate 
jurisdiction over the E nonimmigrant classification is limited to applications filed under 8 C.F.R. 
§ 214.2( e )(23 ), which provides for special procedures for classifying foreign investors in the 
Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrant treaty investors. The 
regulation specifically authorizes these employers to appeal denied E-2 CNMI applications to the 
AAO. See 8 C.F.R. § 214.2(e)(23)(ix). 
With respect to all other decisions in Form I-129 or I-539 extension proceedings, the regulation at 
8 C.F.R. § 214.l(c)(S) states: 'There is no appeal from the denial of an application for extension of 
stay filed on Form I-129 or I-539." See also 8 C.F.R. § 248.3(g) (providing no appeal for denied 
change of status applications). 
Accordingly, the appeal will be rejected. 
ORDER: The appeal is rejected. 
2