dismissed
O-1A
dismissed O-1A Case: Gymnastics
Decision Summary
The appeal was rejected on procedural grounds because it was improperly filed. The appeal was submitted by the beneficiary of the petition, but regulations state that only the petitioner or an entity with legal standing has the right to file an appeal.
Criteria Discussed
Not specified
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U.S. Department of Homeland Security 20 Mass, Rm. A3042,425 I Street, N.W. Washington, DC 20536 U. S. Citizenship and Immigration PETITION: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(l5)(0)(i) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(15)(0)(i) ON BEHALF OF PETITIONER: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. =7 Robert P. Wiemann, Director Administrative Appeals Office LIN 04 167 51 186 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Senlice Center, and is now before the Administrative Appeals Office on appeal. The appeal will be rejected. The petitioner is a gymnastics company, which seeks 0-1 classification of the beneficiary, under section lOl(a)(15)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1 101(aX 15)(O)(i), as an alien with extraordinary ability in gymnastics, in order to employ him in the United States for a period of three years at an annual salary of $24,000. 8 C.F.R. 5 103.3(a)(l)(iii) states that, for purposes of appeals, certifications, and reopening or reconsideration, afSectedparty (in addition to the Citizenship and Immigration Services) means the person or entity with legal standing in a proceeding. It does not include the beneficiary of a visa petition. 8 C.F.R. 5 103.3(a)(2)(v) states that an appeal filed by a person or entity not entitled to file it must be rejected as improperly filed. In such a case, any filing fee the Service has accepted will not be refunded. The appeal has not been filed by the petitioner, nor by any entity with legal standing in the proceeding, but rather by the beneficiary. 'Therefore, the appeal has not been properly filed, and must be rejected. ORDER: The appeal is rejected.
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