dismissed O-1B Case: Music

identifying data deietedl ~o 
prevent deady unwarrianted 
invasion ·nf personai privacy 
\ u.s. Department of Homeland Security 
U.S. Citizenship and Innnigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington. DC 20529-2090 
U. S:Citizenshi p 
and Immigration 
Services 
DATE: DEC 12 2011 Office: CALIFORNIA SERVICE CENTER FILE: 
INRE: Petitioner: 
~eneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 1 01(a)(l5)(O)(i) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(l5)(O)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
I 
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 believ.e 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. § 103.5. All motions must be 
submitted to the office that originally decided your case byfIling a Form I-290B, Notice of Appeal or Motion, 
withia fee of $630. 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, 
Perry Rhew 
Chief, Administrative Appeals Office 
. wwW.uscis.gov 
i 
( ~ 1 
Page 2 
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, a music production and consulting company, filed this nonimmigrant petition seeking to 
classify the beneficiary pursuant to section 101(a)(l5)(0)(i) of the Immigration and Nationality Act (the Act), 
8 U.S.C. § 1l01(a)(15)(0)(i), as an alien of extraordinary ability in the arts. The petitioner requested an 
extension of the beneficiary's 0-1 status so that he could continue to work as a musician/producer for three 
additional years. 
The director denied the petition on May 25, 2010, concluding that the petitioner failed to submit evidence to 
satisfy the regulatory criteria at 8 c.F.R. § 214.2(0)(3)(iv)(A) or (B), and therefore did not establish that the 
beneficiary qualifies as an alien with extraordinary ability in the arts. The petitioner filed a timely appeal. 
A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the 
beneficiary of an approved employment-based immigrant visa petition. The beneficiary adjusted status to that of 
a U.S. permanent resident as of November 18, 2011. While the petitioner has not withdrawn the appeal in 
this proceeding, it would appear that the beneficiary is presently a lawful permanent resident and the issues in 
this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed.