dismissed O-1B Case: Music

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
DATEjUL 1 7 2012 Office: VERMONT SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
u.s. Department of Homeland Security 
u.s, Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washing!,on, DC 205~9-2090 
U.S. Litizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(15)(O)(i) of the Immigration and 
Nationality Act, 8 U.S.C. § 1101(a)(15)(O)(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. The 
specific requirements for filing such a request can be found at8 C.F.R. § 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 $585. Please be aware that 8 C.F.R. § 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 reopen. 
Thanls you; , 
.. ' 
PerryRh~ , 
Chief, Adininistrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO will reject the appeal as untimely 
filed. 
The petitioner states that it is an industry leader in music, fashion, art, TV and pop culture vinyl skins. It filed the 
instant petition seeking to classity the beneficiary as an 0-1 nonimmigrant pursuant to section 101(a)(IS)(0)(i) of 
the Immigration and Nationality Act (the Act), as an alien of extraordinary ability. The petitioner seeks to 
temporarily employ the beneficiary as an artist/entertainer for a period of five months. 
The director denied the petition on August 26,2011, concluding that the evidence submitted does not support a 
claim of extraordinary achievement in the music industry, as defined by the statute and regulations. The director 
noted that the petitioner indicated that the beneficiary was coming to the United States as a starring artist on a 
promotional tour and that the record does not indicate that he would be performing. The director determined that 
the petitioner failed to submit evidence to satisty the evidentiary criterion at 8 C.F.R. § 214.2(oX3)(iv)(A), or at 
least three ofthe six evidentiary criteria set forth at 8 C.F.R. § 214.2(0 )(3)(ivXB). Specifically, the director noted 
that the petitioner indicated that the beneficiary would be coming to the United States to participate in a 
promotional tour where he would meet and greet fans in the petitioner's promotion tent to build fan interest so 
that he can perform on tour next year. The director noted that the petitioner's description of the beneficiary's 
duties and itinerary did not include the beneficiary's performance this year, and therefore, the petitioner has not 
established the beneficiary's eligibility. 
Counsel for the petitioner filed the Form 1-129, Petition for a Nonimmigrant Worker, August 2, 2011, but did not 
subsequently submit the required initial evidence in support of the petition. On August 18, 20 II the director 
issued a request for evidence, granting the petitioner 12 weeks to provide documentary evidence demonstrating 
that the beneficiary meets the statutory and regulatory criteria as an alien of extraordinary ability in the arts. The 
petitioner submitted evidence that the beneficiary meets two of the six evidentiary criteria set forth at 8 C.F .R. § 
214.2(0)(3)(ivXB). On August 26, 2011, the director denied the petition based on insufficient evidence of 
eligibility for the a-I classification. 
On September 30, 2011, counsel for the petitioner filed a Form 1-290B, Notice of Appeal or Motion, indicating 
that he would submit a brief and/or additional evidence within 30 days.' An affected party filing from within the 
United States has 30 days from the date of an adverse decision to file an appeal. An appeal received after the 
30-day period has tolled will not be accepted. The 30-day period for submitting an appeal begins 3 days after 
the Notice of Decision is mailed. 8 C.F.R. § 24Sa.20(b)(1). 
The record reflects that the director sent his decision of August 26, 20 II to the petitioner and counsel at their 
addresses of record. United States Citizenship and Immigration Services (USClS) received the appeal 35 days 
later on September 30, 20 II. Therefore, the appeal was untimely filed. 
ORDER: The appeal is rejected as untimely filed. 
, The petitioner's counsel failed to submit a brief and/or additional evidence.