dismissed O-1B Case: Fashion Modeling

(b)(6)
U.S. DepartmentofHomeland Security 
U.S. Citizenship and Immi grat ion Ser v i ce ~ 
Ad ministralive Appe als Office (AAO) 
20 Massac husetts Ave ., N.W., MS 2090 
Washi ngton. DC 20529 -2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUN 2 8 2013 Office: CALIFORNIA SERVICE CENTER FILE: 
INRE: 
PETITION: 
Petitioner : 
Beneficiary: 
Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. § 110l(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. 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition and 
certified the decision to the 
Administrative Appeals Office (AAO) for review. The AAO will dismiss 
the appeal. 
The petitioner, a model management firm, seeks the services of the beneficiary as a professional fashion 
model. Accordingly, the petitioner filed this 0-1 nonimmigrant visa petition requesting classification of 
the beneficiary as an 0-1 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)(2006). The petitioner 
seeks to temporarily employ the beneficiary in the position of a professional fashion model for a 
period of three years. 
On November 25, 2009, the director denied the petition. The director found that the petitioner is an 
agent representing both the beneficiary and multiple employers , but failed to submit a complete 
itinerary of events and the contracts between the beneficiary and her ultimate employers. The petitioner 
responded that the regulations do not require a detailed itinerary , because it is an agent performing the 
function of an employer. Noting that the petition involves complex issues of law and fact, the director 
certified the decision to the AAO for review. See 8 C.F.R. § 103.4(a)(5) (2012). The certification 
advised the petitioner that the matter has been certified to the AAO pursuant to 8 C .F.R . 
§ 103.4(a)(2) , and granted 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 
of this petition has since been the beneficiary of two approved I -129 nonimmigrant petitions granting 
the beneficiary 0-1 status from February 15, 2010 until February 14, 2014. Because the beneficiary in 
the instant petition currently holds the requested classification, further pursuit of the matter at hand is 
moot. 
ORDER: The appeal is dismissed.