dismissed O-1A

dismissed O-1A Case: Business

๐Ÿ“… Feb 22, 2011 ๐Ÿ‘ค Company ๐Ÿ“‚ Business

Decision Summary

The appeal was dismissed because the case was rendered moot. USCIS records indicated that the beneficiary had already adjusted his status to that of a U.S. permanent resident through a separate family-based petition, making the outcome of this nonimmigrant petition irrelevant.

Criteria Discussed

8 C.F.R. ยง 214.2(O)(3)(Iii)(A) 8 C.F.R. ยง 214.2(O)(3)(Iii)(B)

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identifying data deleted to 
prevent clearly unwarr~ted 
invasion of personal pnvacy 
P~LICCOPY 
U.S. Ikpurtmtnt of Homeland Security 
U.S. Citi7cn,hip and Immigratjon Service, 
Admini,lrativc Appeal, Office (1\;\0) 
20 \;la"<lchw.l'lls Ave., '1.\\/ .. rvlS 20')0 
Washill~l()n. DC 2052')<2(),)O 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 0912551453 Office: CALIFORNIA SERVICE CENTER Date:
FEB 2 2 2011 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 I (a)(IS)(O)(i) of the 
Immigration and Nationality Act, 8 U.S.C. ยง 110 I (a)(I5)(O)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed plea~e find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 c.F.R. ยง 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.S(a)(1 )(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonimmigrant petition seeking to classify the beneficiary pursuant to section 
101(a)(15)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1101(a)(15)(O)(i), as an alien 
of extraordinary ability in business. 
The director denied the petition on July 6, 2009 concluding that the petitioner failed to submit evidence to satisfy 
the regulatory criterion at 8 c.F.R. ยง 214.2(0)(3)(iii)(A) or (B), and therefore did not establish that the beneficiary 
qualifies as an alien with extraordinary ability. The petitioner filed a timely appeal on August 10,2009. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this 
petition was also the beneficiary of an approved family-based immigrant petition, and that he has adjusted status 
to that of a U.S. permanent resident on September 14, 2010. While the petitioner has not withdrawn the appeal 
in this proceeding, it would appear that the beneficiary is presently a lawful permanent resident and the issues 
in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed. 
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