dismissed
O-1B
dismissed O-1B Case: Arts
Decision Summary
The appeal was dismissed as moot. The AAO noted that a second O-1 nonimmigrant petition had been filed for the same beneficiary and was approved, meaning the beneficiary already held the requested classification, making further pursuit of the appeal unnecessary.
Criteria Discussed
8 C.F.R. ยง 214.2(O)(3)(Iv)(A) 8 C.F.R. ยง 214.2(O)(3)(Iv)(B)
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FILE: Office: CALIFORNIA SERVICE CENTER
IN RE Petitioner:
Beneficiary:
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u.s. Citizenship
and Immigration
Services
DatMAR 01 Z011
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)( 15)( 0)( i) of the
Immigration and Nationality Act. 8 USc. ยง 1101(a)( 15)(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 casc. PI case bc 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 rcquircments for filing such a request can be found at 8 C.F.R. ยง Im.5. All motions must bc
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion,
with a fee of $630. Please be aware that 8 c.F.R. ยง 103.5(a)(1)(i) requires that any motion must bc filed
within 30 days of the decision that the motion seeks to reconsider or reopen.
Thank you,
J Perry Rhew
(0 Chief. Administrative Appeals Office
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โข Page 2
DISCUSSION: The Director, Califomia Service Center, denied the nonimmigrant visa petition. The mailer is
now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismi" the appeal.
The petitioner filed this nonimmigrant petition seeking to classify the beneficiary pursuant to section
101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 USc. * 1101(a)(15)(0)(i), as an alicn
of extraordinary ability in the arts.
The director denied the petition on March 9, 20 I 0, concluding that the petitioner failed to submit evidence to
satisfy the regulatory criteria at 8 C.F.R. ยง 214.2(0)(3)(iv)(A) or (B), and thereforc did not establish that the
beneficiary qualifies as an alien with extraordinary ability. The petitioner filed a timely appeal.
A review of U.S. Citizenship and Immigration Services (USerS) records indicates that petitioner filed a second
0-1 nonimmigrant petition on behalf of the beneficiary, which was approved and is valid from December 28,
20 I 0 until September 12, 20 II. Because the beneficiary in the instant petition currently holds the requested
classification, [unher pursuit of the matter at hand is moot.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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