dismissed
O-1B
dismissed O-1B Case: Motion Picture/Television
Decision Summary
The appeal was dismissed as moot. The Beneficiary had subsequently obtained U.S. permanent resident status after the appeal was filed, rendering the nonimmigrant O-1 petition unnecessary.
Criteria Discussed
Events Or Activities Mootness
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U.S. Citizenship and Immigration Services In Re: 19046538 Appeal of California Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : JAN. 18. 2022 Form 1-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) The Petitioner, a business management company, seeks to temporarily employ the Beneficiary as a writer, creator, and executive producer in the motion picture or television industry. To do so, the Petitioner seeks 0-1 nonimmigrant visa classification, available to foreign nationals who can demonstrate a record of extraordinary achievement , and whose achievements have been recognized in the field through extensive documentation . See Immigration and Nationality Act (the Act) section 101(a)(15)(O)(i), 8 U.S .C. ยง 110l(a)(l5)(O)(i) . The Director of the California Service Center denied the petition, concluding that the Petitioner did not provide an explanation of the Beneficiary's proposed events and activities in the United States as required at 8 C.F.R. ยง 214.2(o)(2)(ii)(C), and establish they meet the regulatory definition of"event" at 8 C.F.R. ยง 214.2(0)(3). The matter is now before us on appeal. U.S. Citizenship and Immigration Services (USCIS) records reflect that the Beneficiary in this matter is also the beneficiary of an approved Form 1-140, Immigrant Petition for Alien Worker , filed in September 2020. He also has an approved Form 1-485, Application to Register Permanent Residence or Adjust Status, and was granted U.S. permanent resident status on September 14, 2021, subsequent to filing the instant appeal. Because the Beneficiary has adjusted status, further pursuit of this matter would be moot. Accordingly, we will dismiss the appeal. ORDER: The appeal is dismissed.
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