dismissed E-2 Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration SeJVices 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave. N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: AUG 0 6 2013 OFFICE: CALIFORNIA SERVICE CENTER FILE: 
INRE: 
APPLICATION: 
Applicant: 
Beneficiary: 
Application for Extension of Stay as an E-2 Nonimmigrant Treaty Investor 
Pursuant to 8 C.F.R. § 214.2( e )(20) 
IN BEHALF OF APPLICANT: SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a 
non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. 
Thank you, 
~ (II Acting Chief, Administrative Appeals Office 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The applicant filed an application for an extension of stay as an E-2 Treaty Investor, 
pursuant to 8 C.F.R. § 214.2( e )(20). In accordance with the regulations, the application for extension of stay 
was filed on Fonn 1-129. See 8 C.F.R. § 214.l(c)(l ). The application was denied by the Director, California 
Service Center. The applicant then filed an appeal, which is now before the Administrative Appeals Office 
(AAO). The AAO will reject the appeal as improperly filed. 
The Immigration and Nationality Act ("the Act") does not 
require a visa petition to confer status as an E-1 
treaty trader or an E-2 treaty investor. See section 214( c)( I) of the Act (requiring a "petition of the importing 
employer" for nonimmigrant aliens under subparagraphs (H), (L), (0), and (P)(i) of section 101(a)(l5) ofthe 
Act); see also 8 C.F.R. § 214.2(r)(17) (providing an appeal for R-1 nonimmigrants by regulation). 
Accordingly, there is no petition determination that may be appealed. See section 214( c )(7) of the Act. 
When it published the Final Rule governing the nonimmigrant classification, the Immigration and 
Naturalization Service (fonner INS, now USCIS) noted: 
[U]nder section 1 03 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 classifications, E 
nonimmigrant visa classification is not conferred by means of a petition, but instead by an 
application. 
62 Fed. Reg. 48138 (Sept. 12, 1997). 
Although the extension of stay is filed on Forn1 1-129, there is no appeal from the denial of an application for 
an extension of status of an E-1 or E-2 treaty trader or treaty investor. The regulation at 8 C.F.R. 
§ 214.1 ( c )(5) states: 
Decision in Form 1-129 or I-539 extension proceedings. Where an applicant or petitioner 
demonstrates eligibility for a requested ext-;;nsion, it may be granted at the discretion of 
the Service. There is no appeal from the denial of an application for extension of stay 
filed on Form I-129 or I-539. 
(Emphasis added.) Since this application is for an extension of stay, its denial cannot be appealed. The 
appeal must be rejected pursuant to 8 C.F.R. § 103.3(a)(2)(v). 
ORDER: The appeal is rejected.