AAO research
EB-1A appeal timeliness — AAO decision DEC142005_01B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…
Decision summary: AAO decision DEC142005_01B2203: Appeal rejected as untimely filed. AAO says the appeal was untimely and the Director declined to treat it as a motion. Source is internally inconsistent: cover identifies an immigrant EB-1A petition, while discussion calls it a nonimmigrant visa petition.
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_but_held_for_source_internal_conflict. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | DEC142005_01B2203 |
|---|---|
Decision date as printed | December 14, 2005 |
Classification / field stated in source | Cover identifies an EB-1A immigrant I-140 under INA §203(b)(1)(A); page 2 describes a nonimmigrant visa petition |
Procedural posture | Vermont Service Center decision affirmed on motion; appeal was rejected as untimely. Counsel dated appeal January 24, 2005; CIS received it January 25, 2005, stated as 34 days after December 22, 2004 decision. Director declined to treat the late appeal as motion. |
Operative disposition | Appeal rejected as untimely filed. |
Final-merits status | Not reached |
What the AAO decision addressed
AAO says the appeal was untimely and the Director declined to treat it as a motion. Source is internally inconsistent: cover identifies an immigrant EB-1A petition, while discussion calls it a nonimmigrant visa petition.
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 |
Published material about the person | Not reached — source PDF |
Judging the work of others | Not reached |
Original contributions of major significance | Not reached |
Scholarly authorship | Not reached |
Artistic display or showcases | Not reached |
Leading or critical role | Not reached |
High salary or remuneration | Not reached |
Commercial success in the performing arts | Not reached |
Source holds and limits
evidence_pages: 1; 2; reason: Cover identifies an immigrant EB-1A petition under INA §203(b)(1)(A), whereas page 2 calls it a nonimmigrant visa petition. Do not publish pending source reconciliation.; status: hold
Specific caveats recorded by the reviewer
HOLD: cover states immigrant petition for alien worker under INA §203(b)(1)(A); page 2 states nonimmigrant visa petition.
Appeal deadline calculation is reported as printed, not independently validated.
Source-cited findings recorded in review
claim: The cover identifies the AAO decision date as December 14, 2005.; pages: 1
claim: The petition is identified as: Cover identifies an EB-1A immigrant I-140 under INA §203(b)(1)(A); page 2 describes a nonimmigrant visa petition.; pages: 2
claim: Vermont Service Center decision affirmed on motion; appeal was rejected as untimely. Counsel dated appeal January 24, 2005; CIS received it January 25, 2005, stated as 34 days after December 22, 2004 decision. Director declined to treat the late appeal as motion.; pages: 2
claim: AAO says the appeal was untimely and the Director declined to treat it as a motion. Source is internally inconsistent: cover identifies an immigrant EB-1A petition, while discussion calls it a nonimmigrant visa petition.; pages: 2
claim: Operative order: Appeal rejected as untimely filed.; pages: 2
How this record may be used in research
Comparison scope: hold
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
Membership research
Judging the work of others research
Original contributions of major significance research
Scholarly authorship research
Artistic display or showcases research
Leading or critical role research
High salary or remuneration research
Commercial success in the performing arts research
Untimely research
Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.