dismissed
O-1B
dismissed O-1B Case: Motion Picture Or Television
Decision Summary
The appeal was dismissed as moot. USCIS records showed that the beneficiary had already been granted O-1 status through a separate, approved I-129 petition, making the current appeal unnecessary.
Criteria Discussed
8 C.F.R. ยง 214.2(O)(3)(V)(A) 8 C.F.R. ยง 214.2(O)(3)(V)(B)
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u.s. Citizenship
and Immigration
Services
FILE: Office: CALIFORNIA SERVICE CENTER DatMAR 01 lOll
IN RE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 I (a)( 15 )(0)( i) of the
Immigration and Nationality Act, 8 U.s.c. ยง 1101(a)(15)(0)(i)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Encloscd please find the decision of the Administrative Appeals Officc 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. The
specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be
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)(I)(i) requires that any motion must be filed
within 30 days of the decision that the motion seeks to reconsider or reopcn.
Thank you,
lerr y Rhew
(J{hiCf, Administrative Appeals Office
WVfw.uscis.g()''''
โข
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is
now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal.
The petitioner filed this nonimmigrant petition seeking to classify the beneficiary pursuant to section
IOI(a)(IS)(O)(i) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1101(a)(IS)(0)(i), as an alien
of extraordinary achievement in the motion picture or television industry.
The director denied the petition on August 6, 2009 concluding that the petitioner t;1iled to submit evidence 10
satisfy the regulatory criteria at 8 c.F.R. ยง 214.2(0)(3)(v)(A) or (B), and therefore did not establish thaI the
beneficiary qualifies as an alien with extraordinary achievement. The petitioner filed a timely appeal.
A review of U.S. Citizenship and Immigration Services (USerS) records indicates that the beneficiary of this
petition is the beneficiary of an approved 1-129 nonimmigrant petition granting him 0-1 status from February 14.
2011 through February 13, 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. Avoid the mistakes that led to this denial
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