dismissed O-1B Case: Music

identim c?abi dela(rd i6 , 
prevent clearly unwarranted 
invasioo of privaqy 
PUBLIC COPY 
U.S. Department of Homehnd Security 
20 Mass. Ave., NW, Rm. 3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: SRC 05 002 52102 Office: TEXAS SERVICE CENTER Date: 
 MAR 2 4 
PETITION: 
 Petition for Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
1 
U 
Robert P. Wiemann, Director 
Administrative Appeals Office 
SRC 05 002 52 102 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Texas Service Center, and is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner is a music management group. It seeks 0-1 classification of the beneficiary as an alien with 
extraordinary ability in the arts under section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 
U.S.C. 1101(a)(15)(0)(i) to employ him as singer, producer and composer for a period of three years at an 
annual salary of $36,000. 
The acting director denied the petition, finding that the petitioner had failed to establish that the beneficiary 
satisfies the standards for classification as an alien with extraordinary ability in the arts. 
The regulation at 8 C.F.R. 9 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of aflected party. For purposes of this section and $4 103.4 and 103.5 of this 
part, aflectedparty (in addition to the Service) means the person or entity with legal standing 
in a proceeding. It does not include the beneficiary of a visa petition. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v) states : 
Improperly fled appeal - (A) Appeal JiEed by person or entity not entitled to file it - (I) 
Rejection without refund offiling fee. An appeal filed by a person or entity not entitled to file 
it must be rejected as improperly filed. In such a case, any filing fee the Service has accepted 
will not be refunded. 
Only an affected party, a person or entity with legal standing, may file an appeal of an unfavorable decision. 
Counsel for the beneficiary signed the appeal. The appeal, therefore, has not been filed by the petitioner or by any 
entity with legal standing in the proceeding. As the appeal has not been properly filed, it must be rejected. 
ORDER: The appeal is rejected.