dismissed
O-1B
dismissed O-1B Case: Arts
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which deprived the appeal of any practical significance.
Criteria Discussed
8 C.F.R. § 214.2(O)(Iv)(A) 8 C.F.R. § 214.2(O)(Iv)(B)
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(b)(6)
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
Date: JUN 2 7 2013 Office: CALIFORNIA SERVICE CENTER FILE:
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(0)(i) of the Immigration and
Nationality Act, 8 U.S.C. § 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 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 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 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 request 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. § 103.5(a)(l)(i) requires that any motion must be filed
within 30 days of the decision that the motion seeks to reconsider or reopen.
Thank you,
{x .. . r
~~.- -- ).·
·· ,~ ' - ) Ron Rosenberg
- - ~.
Acting Chief, Administrative Appeals Office
www.uscis.gov
(b)(6)
Page 2
DISCUSSION: The nonimmigrant visa petition was denied by the Director, California Service
Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO
will neither affirm nor overturn the director's decision. Rather, the appeal will be dismissed as moot.
The petitioner filed this nonimmigrant pet1t10n seeking to classify the beneficiary as an 0-1
nonimmigrant as an alien with extraordinary ability in the arts, pursuant to section 101(a)(15)(0)(i) of
the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(0)(i). The director determined
that the petitioner had not established eligibility.
On appeal, the petitioner asserts that the beneficiary qualifies for the benefit sought under the
applicable regulatory criteria at 8 C.F.R. § 214.2( o )(iv)(A) and (B).
A review of U.S. Citizenship and Immigration Services records indicates that the beneficiary of this
petition has adjusted status to that of a permanent resident as of November 27, 2012. 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.
Accordingly, the AAO finds that the beneficiary's adjustment of status deprives this appeal of any
practical significance. Considerations of prudence warrant the dismissal of the appeal as moot. See
Matter of Luis, 22 I&N Dec. 747,753 (BIA 1999).
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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