AAO research
EB-1A withdrawal and mootness — AAO decision APR292010_03B2203: Director decision withdrawn and matter remanded. Review source status, procedural posture…
Decision summary: The AAO director decision withdrawn and matter Remanded. AAO concludes the automatic revocation process was defective: the stated statutory grounds did not apply as used, the notice failed to specify the alleged misrepresentation adequately, and petitioner lacked an opportunity to respond. It withdraws the Director’s decision and remands for a new decision and, if adverse, certification for AAO review. It does not adjudicate EB-1A criterion eligibility.
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 | APR292010_03B2203 |
|---|---|
Decision date as printed | April 29, 2010 |
Classification / field stated in source | EB-1A extraordinary ability; field: EB-1A extraordinary-ability petition; field/occupation not identified in the decision text reviewed. |
Procedural posture | Appeal from notice of automatic revocation of an initially approved petition. |
Operative disposition | Director decision withdrawn and matter Remanded. |
Final-merits status | See criterion_and_final_merits_status; the source decision’s separate final-merits posture is described there. |
What the AAO decision addressed
AAO concludes the automatic revocation process was defective: the stated statutory grounds did not apply as used, the notice failed to specify the alleged misrepresentation adequately, and petitioner lacked an opportunity to respond. It withdraws the Director’s decision and remands for a new decision and, if adverse, certification for AAO review. It does not adjudicate EB-1A criterion eligibility.
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 coded — source PDF |
Membership | Not coded — source PDF |
Published material about the person | Not coded — source PDF |
Judging the work of others | Not coded — source PDF |
Original contributions of major significance | Not coded — source PDF |
Scholarly authorship | Not coded — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not coded — source PDF |
High salary or remuneration | Not coded — source PDF |
Commercial success in the performing arts | Not coded — source PDF |
Source-cited findings recorded in review
PDF p. 1: Public-copy cover gives appeal posture and Apr. 29, 2010 date.
PDF p. 2: Petition was initially approved, then automatically revoked after alleged misrepresentation; AAO sets out appeal contention and legal framework.
PDF p. 3: Reviews statutory automatic-revocation grounds.
PDF p. 4: Finds grounds inapplicable and notice/opportunity deficient; remands for further action.
PDF p. 5: Operative order withdraws Director decision and remands; adverse new decision to be certified to AAO.
How this record may be used in research
Comparison scope: Strong procedural comparator on revocation notice and opportunity to rebut; not an EB-1A merits example. Eligible for source-grounded individual decision page only with explicit procedural posture, criterion-specific findings, final-merits status, and page citations; do not imply approval where AAO Remanded or confuse prior motion findings with current adjudication.
Editorial use note: Eligible for source-grounded individual decision page only with explicit procedural posture, criterion-specific findings, final-merits status, and page citations; do not imply approval where AAO Remanded or confuse prior motion findings with current adjudication.
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
PDF page 1 — Public-copy cover gives appeal posture and Apr. 29, 2010 date.
PDF page 3 — Reviews statutory automatic-revocation grounds.
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
Remand research
Revocation research
Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.