AAO research

AAO EB-1A decision DEC052011_01B2203: Appeal timeliness

AAO EB-1A decision DEC052011_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision DEC052011_01B2203: Appeal rejected. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision DEC052011_01B2203: Appeal rejected. AAO lacks appellate jurisdiction over its own decisions. Filing did not state intent to file a motion; alternatively it was untimely and did not satisfy motion requirements. Employer commendation letter and interview evidence were not shown to be new and relevant to filing-date 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: EB-1A in-scope classification; procedural jurisdiction/filing decision.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

DEC052011_01B2203

Decision date as printed

December 5, 2011

Classification / field stated in source

EB-1A subsequent appeal rejected; filing was not a proper appeal or motion.

Procedural posture

After AAO dismissed first appeal and later motion to reopen, petitioner filed a further appeal directly to AAO.

Operative disposition

Appeal rejected.

Final-merits status

No criterion or final-merits adjudication.

What the AAO decision addressed

AAO lacks appellate jurisdiction over its own decisions. Filing did not state intent to file a motion; alternatively it was untimely and did not satisfy motion requirements. Employer commendation letter and interview evidence were not shown to be new and relevant to filing-date 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 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 petition and December 5, 2011 date.; pages: 1

  • claim: Prior AAO decision on first appeal was October 19, 2009; motion to reopen was dismissed May 21, 2010; current filing was lodged June 21, 2011.; pages: 2

  • claim: AAO does not exercise appellate jurisdiction over its own decisions; the filing did not indicate a motion and was untimely.; pages: 2

  • claim: Employer letter and interview postdating the petition were not shown to be new facts relevant to eligibility as of filing; appeal rejected.; 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

  • Untimely research

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

Primary source

Official USCIS AAO decision PDF for DEC052011_01B2203