dismissed
O-1A
dismissed O-1A Case: Museum And Exhibit Design
Decision Summary
The appeal was dismissed as moot. After the initial denial, the petitioner filed a new, separate petition for the same beneficiary, which was approved, granting the beneficiary O-1 status. Therefore, the AAO found that further pursuit of the original appeal was unnecessary.
Criteria Discussed
Sustained National Or International Acclaim
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U.S. Department of Homeland Security U.S. Citizenship and Immigration Services qffice of Administrative Appeals, MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services Petition: Petition for a Nonimmigrant Worker under Section 10 1 (a)(15)(0)(i) of the Immigration and Nationality Act, .8 U.S.C. 5 1 101 (a)(15)(0)(i) ON BEHALF OF PETITIONER: INSTRUCTIONS: 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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for the specific requirements. 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 $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). ne Perry Rhew Administrative Appeals Office LIN 06 095 52543 Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal as moot. The petitioner filed the instant petition seeking to classify the beneficiary as an 0-1 nonimmigrant pursuant to section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), as an alien of extraordinary ability in the sciences. The petitioner is self-described as a provider of museum planning, interior design and exhibit fabrication services. It seeks to employ the beneficiary as a project director. The director denied the petition, concluding that the petitioner failed to establish that the beneficiary has achieved the requisite level of sustained national or international acclaim in his field required for 0-1 classification. On appeal, counsel for the petitioner asserts that the director incorrectly applied the legal standard for 0-1 aliens of extraordinary ability and denied the petition based on the petitioner's failure to submit evidence that is not required by the regulations. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that subsequent to the denial of the instant petition, the petitioner submitted a new Form 1-129 on the beneficiary's behalf. USCIS records further indicate that this second petition was approved granting the beneficiary 0-1 status from October 20, 2009 until February 28, 201 1. Because the beneficiary in the instant petition has been approved for employment with the petitioner based upon the filing of another petition, further pursuit of the matter at hand is moot. ORDER. The appeal is dismissed.
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