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AAO EB-1A decision APR072006_05B2203: Appeal disposition

AAO EB-1A decision APR072006_05B2203: Appeal disposition

EB-1A appeal disposition — AAO decision APR072006_05B2203: Appeal rejected as improperly filed because beneficiary, rather than petitioner/entity with…

Decision summary: AAO decision APR072006_05B2203: Appeal rejected as improperly filed because beneficiary, rather than petitioner/entity with standing, filed it. Beneficiary said wrong paperwork was filed and submitted new self-petition seeking “other worker” classification. AAO said an alien cannot self-petition under the cited EB-3 classification, but chiefly rejected the appeal because the beneficiary lacked standing to file the petitioner’s appeal.

Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.

Scope classification from review: in_scope_EB1A_AAO_decision_no_precedent_status_asserted. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

APR072006_05B2203

Decision date as printed

April 7, 2006

Classification / field stated in source

Physical therapy assistant

Procedural posture

Nebraska Service Center EB-1A petition by physical therapy clinic; beneficiary appealed and attempted to submit a new EB-3 self-petition on appeal.

Operative disposition

Appeal rejected as improperly filed because beneficiary, rather than petitioner/entity with standing, filed it.

Final-merits status

Not reached

What the AAO decision addressed

Beneficiary said wrong paperwork was filed and submitted new self-petition seeking “other worker” classification. AAO said an alien cannot self-petition under the cited EB-3 classification, but chiefly rejected the appeal because the beneficiary lacked standing to file the petitioner’s appeal.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not reached — source PDF

Membership

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Original contributions of major significance

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Scholarly authorship

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Artistic display or showcases

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Leading or critical role

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

High salary or remuneration

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Commercial success in the performing arts

Not reached
The current AAO decision disposes of appeal/motion procedure or filing/jurisdiction issues; no EB-1A criterion was adjudicated in this decision. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

  • Do not conflate EB-1A case with EB-3 classification; no EB-1A merits analysis.

Source-cited findings recorded in review

  • claim: Cover date April 7, 2006; Nebraska Service Center; EB-1A Form I-140; self-represented petitioner.; pages: 1

  • claim: Petitioner is a physical therapy clinic seeking to classify a physical therapy assistant as extraordinary ability.; pages: 2

  • claim: Beneficiary said wrong paperwork was filed and attempted on appeal to self-petition for EB-3 “other worker” classification; AAO stated the cited classification must be employer-filed and requires qualifying labor certification documentation.; pages: 2

  • claim: AAO rejected appeal because it was filed by beneficiary, not petitioner or another entity with legal standing.; pages: 2

How this record may be used in research

Comparison scope: narrow_procedural_explainer_only

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Membership research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Medicine sector research

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Primary source

Official USCIS AAO decision PDF for APR072006_05B2203