AAO research

AAO EB-1A decision DEC032009_05B2203: Motions to reconsider

AAO EB-1A decision DEC032009_05B2203: Motions to reconsider

EB-1A motions to reconsider — AAO decision DEC032009_05B2203: Motion dismissed; March 31, 2009 AAO decision affirmed and petition remains denied. Review…

Decision summary: AAO decision DEC032009_05B2203: Motion dismissed; March 31, 2009 AAO decision affirmed and petition remains denied. Motion was filed 58 days after the prior decision, beyond the 30-day deadline, and did not identify factual findings or legal/policy error in the prior decision; it also lacked the required judicial-proceeding statement.

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: EB-1A in-scope; current decision is procedural or remand-stage as stated above.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

DEC032009_05B2203

Decision date as printed

December 3, 2009

Classification / field stated in source

EB-1A I-140 motion to reconsider.

Procedural posture

AAO dismissed appeal on March 31, 2009; petitioner filed motion to reconsider.

Operative disposition

Motion dismissed; March 31, 2009 AAO decision affirmed and petition remains denied.

Final-merits status

No criterion findings; motion addresses timeliness and reconsideration requirements.

What the AAO decision addressed

Motion was filed 58 days after the prior decision, beyond the 30-day deadline, and did not identify factual findings or legal/policy error in the prior decision; it also lacked the required judicial-proceeding statement.

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 — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached — source PDF

Original contributions of major significance

Not reached — source PDF

Scholarly authorship

Not reached — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not reached — source PDF

High salary or remuneration

Not reached — source PDF

Commercial success in the performing arts

Not reached — source PDF

Source-cited findings recorded in review

  • claim: Cover identifies EB-1A I-140 and date December 3, 2009.; pages: 1

  • claim: Prior appeal was dismissed March 31, 2009; current filing is a motion to reconsider.; pages: 2

  • claim: Motion filed May 28, 2009, 58 days after decision, was untimely; petitioner discussed personal history and activities without specifying error or supporting reconsideration.; pages: 2; 3

  • claim: AAO dismissed motion and affirmed prior decision; petition remains denied.; pages: 3

How this record may be used in research

Comparison scope: Procedural-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

  • Published material about the person research

  • Leading or critical role research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for DEC032009_05B2203