AAO research
EB-1A appeal disposition — AAO decision FEB032006_09B2203: Appeal summarily dismissed for failure to identify specifically an error of law or fact. Review…
Decision summary: AAO decision FEB032006_09B2203: Appeal summarily dismissed for failure to identify specifically an error of law or fact. Director found petitioner had not established continuing ability to pay proffered wage from priority date April 30, 2001. Counsel asserted bank statements and tax return showed assets but did not address the Director’s finding that bank balances were routinely below the proffered wage and did not remain above it for a sustained period.
Scope note: The source review classified this record as outside EB-1A merits scope. It is retained for corpus provenance and must not be used as an EB-1A criterion or eligibility example.
Scope classification from review: out_of_scope_EB3_hold. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB032006_09B2203 |
|---|---|
Decision date as printed | February 3, 2006 |
Classification / field stated in source | Skilled worker/professional; restaurant petitioner sought to employ cook specializing in foreign food |
Procedural posture | Vermont Service Center Form I-140 under INA §203(b)(3), EB-3 skilled worker/professional; appeal by counsel. |
Operative disposition | Appeal summarily dismissed for failure to identify specifically an error of law or fact. |
Final-merits status | Not reached |
What the AAO decision addressed
Director found petitioner had not established continuing ability to pay proffered wage from priority date April 30, 2001. Counsel asserted bank statements and tax return showed assets but did not address the Director’s finding that bank balances were routinely below the proffered wage and did not remain above it for a sustained period.
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
details: Source is a section 203(b)(3) skilled worker/professional EB-3 decision, not EB-1A; retain as held/out-of-scope.; status: out_of_scope_classification_mismatch
Specific caveats recorded by the reviewer
Source is an EB-3 case despite its folder/assignment placement. Explicitly held out of EB-1A corpus.
Source-cited findings recorded in review
claim: Cover date February 3, 2006; petition is explicitly for a skilled worker or professional under INA §203(b), not extraordinary ability.; pages: 1
claim: The decision identifies the petitioner as a restaurant seeking a cook, specialty foreign food; Director found ability to pay proffered wage from priority date April 30, 2001 was not established.; pages: 2
claim: Counsel asserted bank statements and tax return showed assets but did not specifically identify an error in the Director’s stated balance analysis.; pages: 2
claim: AAO summarily dismissed the appeal for failure to identify a specific erroneous conclusion of law or fact.; pages: 2
How this record may be used in research
Comparison scope: exclude_out_of_scope_EB3_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
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