AAO research
EB-1A judging the work of others — AAO decision DEC132023_01B2203: Director decision withdrawn; matter remanded for new revocation decision. Review source…
Decision summary: The AAO director decision withdrawn; matter Remanded for new revocation decision. AAO found NOIR and revocation did not identify alleged fraudulent documents or specific facts/evidence adequately, did not analyze three-criterion eligibility, and did not address petitioner’s rebuttal. Remand requires specific factual grounds and evidence.
Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.
Scope classification from review: in_scope_EB1A. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | DEC132023_01B2203 |
|---|---|
Decision date as printed | December 13, 2023 |
Classification / field stated in source | EB-1A extraordinary ability petition / AAO decision |
Procedural posture | Appeal of revocation of previously approved EB-1A petition after State Department/NVC return and fraud allegation; de novo review. |
Operative disposition | Director decision withdrawn; matter Remanded for new revocation decision. |
Final-merits status | Not reached_AAO_remand |
What the AAO decision addressed
AAO found NOIR and revocation did not identify alleged fraudulent documents or specific facts/evidence adequately, did not analyze three-criterion eligibility, and did not address petitioner’s rebuttal. Remand requires specific factual grounds and evidence.
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 | unclear |
Original contributions of major significance | |
Scholarly authorship | |
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 holds and limits
"Sensitive, unresolved fraud allegation; do not describe petitioner as having committed fraud. Subsequent remand decision not included."
Source-cited findings recorded in review
claim: Petition initially approved in Jan. 2016; petitioner became permanent resident in April 2016; case returned in 2020; NOIR issued in 2023 alleging fraudulent documents.; pages: 2; 3
claim: Petitioner contested lack of specificity and submitted work-history rebuttal plus additional evidence, including 453 citations, patents, peer review/editorial evidence.; pages: 3; 4
claim: AAO held notices lacked adequate factual support and specific document identification, and final revocation did not address rebuttal/criteria; Remanded.; pages: 4; 5
How this record may be used in research
Comparison scope: eligible_procedural_context_only
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
PDF page 2 — Revocation rules, field/work background, prior approval.
PDF page 3 — Criteria initially claimed and history of State Department return/NOIR.
PDF page 4 — Response evidence and Director revocation summary.
PDF page 5 — AAO notice/reasoning deficiencies, remand directions and order.
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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