dismissed O-2 Case: Film Production

U.S. Citizenship 
and Immigration 
Services 
In Re: 15465498 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : APR. 6, 2021 
Form 1-129, Petition for Nonimmigrant Worker (Extraordinary Ability- 0) 
The Petitioner, a film production business, seeks 0-2 nonimmigrant visa classification for the 
Beneficiary as an accompanying individual to .... l ______ ____.I a film director, whose petition for 
0-1 classification was filed concurrently. See Immigration and Nationality Act (the Act) 
section 101(a)(15)(O)(ii), 8 U.S.C. § 1 IOI(a)(15)(O)(ii). 
The Director of the California Service Center denied the petition based upon the denial of the 0- 1 
petition filed on behalf otj I 
The Petitioner subsequently appealed both denials. We dismissed the Petitioner's appeal of the 0-1 
petition denial. The matter is now before us on appeal. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 101(a)(15)(O)(ii) of the Act provides classification to a qualified alien who: 
(I) seeks to enter the United States temporarily and solely for the purpose of 
accompanying and assisting in the artistic or athletic performance by an alien who 
is admitted under clause (i) for a specific event or events; 
(11) is an integral part of such actual performance, 
(111) (a) has critical skills and experience with such alien which are not of a general 
nature and which cannot be performed by other individuals .. .. 
(IV) has a foreign residence which the alien has no intention of abandoning. 
The regulations at 8 C.F.R. § 214.2(0)(4) provide , in pertinent part, the following requirements for an 
0-2 accompanying alien: 
(i) General. An 0-2 accompanying alien provides essential support to an 0-1 artist 
or athlete. Such aliens may not accompany 0-1 aliens in the fields of science, 
business or education. Although the 0-2 alien must obtain his or her own 
classification, this classification does not entitle him or her to work separate and 
apart from the 0-1 alien to whom he or she provides support. An 0-2 alien must 
be petitioned for in conjunction with the services of the 0-1 alien. 
II. ANALYSIS 
As stated above, an 0-2 individual may enter the United States temporarily and solely for the purpose 
of accompanying and assisting in the artistic or athletic performance of the 0-1 individual, and must be 
petitioned for in conjunction with the services of the 0-1 individual. Section 101 (a)(15)(O)(ii)(I) of the 
Act; 8 C.F.R. § 214.2(o)(4)(i). 
Here, while the Beneficiary's services as an 0-2 accompanying individual were petitioned for in 
conjunction with the services of an 0-1 individual, the 0-1 petition was denied, and we dismissed the 
Petitioner's appeal of that denial. As there is no 0-1 individual for the Beneficiary to support, the 
statute and regulations prohibit the approval of this petition. 
ORDER: The appeal is dismissed. 
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