AAO research
EB-1A withdrawal and mootness — AAO decision AUG232024_02B2203: Director decision withdrawn and matter remanded. Review source status, procedural posture…
Decision summary: AAO decision AUG232024_02B2203: Director decision withdrawn and matter Remanded. AAO agrees judging and scholarly authorship are met and finds published material met based on press coverage of the petitioner’s corporate work, including Wall Street Journal coverage, while noting his fiction-writing career was not shown to be the field of extraordinary ability. Three criteria are met; AAO remands for a Director final-merits determination and expresses no opinion on ultimate resolution.
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 | AUG232024_02B2203 |
|---|---|
Decision date as printed | August 23, 2024 |
Classification / field stated in source | EB-1A extraordinary ability; field: Entrepreneur seeking to continue business activities in the United States. |
Procedural posture | Appeal from denial; AAO conducts de novo review. |
Operative disposition | Director decision withdrawn and matter Remanded.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 agrees judging and scholarly authorship are met and finds published material met based on press coverage of the petitioner’s corporate work, including Wall Street Journal coverage, while noting his fiction-writing career was not shown to be the field of extraordinary ability. Three criteria are met; AAO remands for a Director final-merits determination and expresses no opinion on ultimate resolution.
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: Cover identifies entrepreneur in business, appeal, and date.
PDF p. 2: Director’s findings on judging/authorship and denial of published material/contributions.
PDF p. 3: AAO finds company-work press coverage sufficient for published-material criterion; reaches three criteria and remands for final merits.
PDF p. 4: Operative remand order; AAO expresses no view on ultimate outcome.
How this record may be used in research
Comparison scope: Potential comparison for entrepreneurs where independent press covers company work; preserve caveat that writing career was not established as the field. 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 — Cover identifies entrepreneur in business, appeal, and date.
PDF page 4 — Operative remand order; AAO expresses no view on ultimate outcome.
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.
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