dismissed O-1A

dismissed O-1A Case: Gymnastics

📅 Date unknown 👤 Company 📂 Gymnastics

Decision Summary

The appeal was dismissed on procedural grounds because it was not filed by a party with legal standing. The beneficiary filed the appeal, but regulations state that the beneficiary of a visa petition is not an 'affected party' and therefore is not entitled to file an appeal.

Criteria Discussed

Legal Standing To Appeal Improperly Filed Appeal

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View Full Decision Text
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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