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AAO EB-1A decision APR122018_01B2203: Appeal timeliness

AAO EB-1A decision APR122018_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision APR122018_01B2203: Motion to reopen denied; motion to reconsider denied. Review source status, procedural posture…

Decision summary: AAO decision APR122018_01B2203: Motion to reopen denied; motion to reconsider denied. No criterion merits review. Issues concern filing characterization, untimeliness, and absence of new facts/legal authority (pp. 1–2).

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: In scope; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

APR122018_01B2203

Decision date as printed

April 12, 2018

Classification / field stated in source

EB-1A extraordinary ability in the arts; petitioner is a performing artist.

Procedural posture

AAO had dismissed the appeal in July 2017 and denied an untimely motion to reopen. Petitioner later filed a second Form I-290B as an appeal, which AAO rejected for lack of jurisdiction over an appeal of its own dismissed appeal. A later filing was treated as a motion to reopen and denied as untimely. Current combined motions assert typographical error and ask AAO to treat the second filing as a motion; AAO found it contained no new facts or reconsideration basis and was filed 77 days after service. Both motions denied.

Operative disposition

Motion to reopen denied; motion to reconsider denied.

Final-merits status

not reached

What the AAO decision addressed

No criterion merits review. Issues concern filing characterization, untimeliness, and absence of new facts/legal authority (pp. 1–2).

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 considered

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • No criterion merits review. Issues concern filing characterization, untimeliness, and absence of new facts/legal authority (pp. 1–2).

How this record may be used in research

Comparison scope: Preserve successive-motion history and distinguish from substantive EB-1A merits analysis.

Editorial use note: Eligible for carefully scoped, citation-rich procedural content only; preserve nonprecedent status and posture.

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

  • Awards research

  • Membership research

  • Published material about the person 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

  • Performance sector research

  • Untimely research

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Primary source

Official USCIS AAO decision PDF for APR122018_01B2203