dismissed O-1B

dismissed O-1B Case: Arts

๐Ÿ“… Mar 01, 2011 ๐Ÿ‘ค Organization ๐Ÿ“‚ 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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โ€ข identifying data deleted to 
prevent clearly unwarranted 
invasion ofpercona\ pnvac), 
t'UBLlC copy 
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 
W\\"w.uscis.gn\, 
โ€ข 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. 
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