dismissed O-2 Case: Music

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-B-E- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 6, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a music entertainment business, seeks 0-2 nonimmigrant visa classification for the 
Beneficiaries as accompanying individuals to a singer whose petition for 0-1 
classification was filed concurrently. See Immigration and Nationality Act (the Act) 
section 10l(a)(l5)(O)(ii), 8U.S.C.§110l(a)(l5)(0)(ii). 
The Director of the California Service Center approved the 0-1 petition, but denied the Petitioner's 
request to extend the Beneficiaries' 0-2 status for three years.1 The Director determined that the 
Petitioner did not submit copies of any contracts or summaries of any oral employment agreements 
with the Beneficiaries, as required by 8 C.F.R. § 214.2(o)(2)(ii)(B). 
On appeal, the Petitioner submits copies of its contracts with the Beneficiaries, and asserts that the 
evidence satisfies the regulatory requirements and thus they are eligible for 0-2 classification. 
Upon de novo 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; 
(II) is an integral part of such actual performance , 
(III) (a) has critical skills and experience with such alien which are not of a general 
nature and which cannot be performed by other individuals .... 
1 Pursuant to 8 C.F.R. § 214.2(0 )( I 2)(ii), an extension of stay may be authorized in increments of up to one year for an 
0-2 beneficiary to continue or complete the same activity for which he or she was admitted plus an additional IO days to 
allow the beneficiary to get his or her personal affairs in order. 
Matter of R-B-E- Inc. 
(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. 
In addition, the regulations at 8 C.F.R. § 214.2( o )(2)(ii) provide that petitions for O foreign nationals 
shall be accompanied by the following evidence: 
(A) The evidence specified in the particular section for the classification: 
(B) Copies of any written contracts between the petitioner and the alien beneficiary or, 
if there is no written contract, a summary of the terms of the oral agreement under 
which the alien will be employed; 
(C) An explanation of the nature of the events, or activities, the beginning and ending 
dates for the events or activities, and a copy of any itinerary for the events or 
activities; and 
(D) A written advisory opinion(s) from the appropriate consulting entity or entities. 
II. ANALYSIS 
As stated above, the regulations at 8 C.F.R. § 214.2(o)(2)(ii)(B) require that the Petitioner must submit 
copies of any written contracts for the Beneficiaries or summaries of any oral agreement under which 
they will be employed. The Director determined that the Petitioner did not submit any such evidence on 
behalf of the Beneficiaries prior to the adjudication of the petition, and had therefore not satisfied these 
evidentiary requirements. A review of the record reveals that the Petitioner's initial submission and 
response to the Director's Request for Evidence did not contain copies of any written contracts for the 
Beneficiaries, or summaries of any oral agreement under which they will be employed. 
On appeal, the Petitioner states that "the original petition did have their contracts but must have been 
mishandled by the Postal Service when packing the document." It now submits copies of written 
contracts for the Beneficiaries dated May 4, 2018, but it does not indicate that they had executed the 
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Matter of R-B-E- Inc. 
employment contract as of the date the petition was filed on April 24, 2018.2 Nor does the Petitioner 
indicate that its written contracts with the Beneficiaries represent the terms of a pre-existing oral 
agreement it had with them. The Petitioner must establish that all eligibility requirements for the 
immigration benefit have been satisfied at the time of filing and continuing through adjudication. 
8 C.F.R. § 103.2(b)(l). 
Based on the foregoing, we agree with the Director's determination that the Petitioner did not satisfy 
the evidentiary requirements set forth in the regulations at 8 C.F.R. § 214.2(o)(ii)(B). Consequently. 
the Beneficiaries are ineligible for classification as 0-2 nonimmigrants under section 101 ( a)(l 5)(O)(ii) 
of the Act.3 
ORDER: The appeal is dismissed. 
Cite as Matter qf R-B-E-Inc., ID# 1891870 (AAO Dec. 6, 2018) 
2 We note that the Petitioner states that it has "included the contract again" on appeal. To the extent that the Petitioner 
indicates that the contract provided on appeal was submitted at the time of filing the petition. the execution date of the 
contract does not support this assertion. 
3 A review of U.S. Citizenship and Immigration Services records indicates that the Beneficiaries are currently the 
beneficiaries of an approved 1-129 nonimmigrant petition filed by the Petitioner, granting them P-3 status from 
December I, 2018 until November 30. 2019. 
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