dismissed
O-1B
dismissed O-1B Case: Acting
Decision Summary
The appeal was dismissed because the underlying issue became moot. U.S. Citizenship and Immigration Services (USCIS) records indicated that the beneficiary had already adjusted their status to that of a U.S. permanent resident, making the nonimmigrant O-1 petition no longer necessary.
Criteria Discussed
Significant National Or International Awards Alternative Evidentiary Criteria (At Least Three Of Six) Specific Event Or Events
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(b)(6)
DATE: JUN 2 6 2013 Office: CALIFORNIA SERVICE CENTER
INRE: Petitioner:
Beneficiary:
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Administrative Appeals Office (AAO)
20 Massachusetts
Ave., N.W., MS
2090
Washington. DC 20529-2090
U.S. Citizenship
and Immigration
Services
FILE:
Petition: Petition for a Nonimmigrant Worker under Section 10l(a)(15)(0)(i) of the Immigration and
Nationality Act, 8 U.S.C. § 110l(a)(l5)(0)(i)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please 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 AAO inappropriately applied the law in reaching its decision, or you have additional
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in
accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The
specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion
directly with the AAO. Please be aware that 8 C.F.R. § l03.5(a)(l)(i) requires any motion to be filed within
30 days of the decision that the motion seeks to reconsider or reopen.
Thank you,
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Ron Rosenberg::
Acting Chief, Administrative Appeals Office
www.uscis.gov
(b)(6)
Page 2
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition and
certified the decision to the AAO. The AAO will dismiss the appeal.
The petitioner in this matter is self-described as a talent agency. It seeks to employ the beneficiary as an
actor. 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 achievement in the motion picture or television industry. The petitioner seeks
to employ the beneficiary as an actor for a period of approximately three years.
On January 6, 2010, the director denied the petition concluding that the petitioner failed to establish that
the beneficiary has a demonstrated record of extraordinary achievement in the motion picture and
television industry. In denying the petition, the director determined that the petitioner failed to establish
that the beneficiary has been nominated for or has been the recipient of a significant national or
international award, pursuant to 8 C.F.R. § 214.2(o)(3)(v)(A), or that she has met three of the six
evidentiary criteria set forth at 8 C.F.R. § 214.2(o)(3)(v)(B). In addition, the director determined that
the petitioner's explanation of the intended events for the beneficiary does not establish that she is
coming to the United States to provide services related to a specific event or events pursuant to 8 C.F .R.
§ 214.2(o)(2)(ii).
Also on January 6, 2010, the director issued a notice of certification advising the petitioner that the
matter has been certified to the AAO pursuant to 8 C.F.R. § 103.4(a)(2), and granting 30 days in
which to submit a brief or written statement. As of this date, the AAO has not received a brief or
statement from counsel or the petitioner, and the record will be considered complete.
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the
beneficiary in this matter is also the beneficiary of an approved first preference employment-based
immigrant petition and has adjusted status to that of a U.S. permanent resident as of June 23, 2011.
While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the
beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore,
the appeal is dismissed.
ORDER: The appeal is dismissed as moot. Avoid the mistakes that led to this denial
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