AAO research
EB-1A motions to reopen — AAO decision DEC222021_01B2203: Motion to reopen dismissed; motion to reconsider dismissed. Review source status, procedural…
Decision summary: AAO decision DEC222021_01B2203: Motion to reopen dismissed; motion to reconsider dismissed. The COVID leadership guidance extended response deadlines for agency requests but did not alter the 60-day period for Form I-290B motions. The August supplement was not properly incorporated; no reasonable-delay basis, new facts, or error concerning the prior procedural decision was shown.
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 procedural motion; no criteria merits review.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | DEC222021_01B2203 |
|---|---|
Decision date as printed | December 22, 2021 |
Classification / field stated in source | Combined motion to reopen and motion to reconsider; dismissed |
Procedural posture | Director denied EB-1A petition; AAO dismissed appeal in April 2020. A later motion filed July 30, 2020 was dismissed as 93 days after the April 28 decision; a purported August supplement and later combined-motion request followed. |
Operative disposition | Motion to reopen dismissed; motion to reconsider dismissed. |
Final-merits status | No final-merits determination in the present procedural motion. |
What the AAO decision addressed
The COVID leadership guidance extended response deadlines for agency requests but did not alter the 60-day period for Form I-290B motions. The August supplement was not properly incorporated; no reasonable-delay basis, new facts, or error concerning the prior procedural decision was shown.
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: Decision dated December 22, 2021 identifies petitioner as chef and denies a combined motion to reopen and reconsider.; pages: 1
claim: Prior appeal was dismissed April 28, 2020; July 30, 2020 Form I-290B arrived 93 days after decision and was dismissed as untimely on June 2, 2021.; pages: 1; 2
claim: AAO distinguished response-time flexibility for RFEs/notices from the separate 60-day motion filing period, measured from the decision date.; pages: 2; 3
claim: August supplement was not incorporated into the initial motion; no new facts or proper cause justified reopening, and underlying merits arguments could not reopen the procedural appeal ruling.; pages: 3
How this record may be used in research
Comparison scope: Procedural only; exclude from criterion and merits aggregation.
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.
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