AAO research
EB-1A motions to reconsider — AAO decision FEB072024_01B2203: Motion to reconsider dismissed for failure to establish an incorrect application of law or…
Decision summary: AAO decision FEB072024_01B2203: Motion to reconsider dismissed for failure to establish an incorrect application of law or policy or other basis under 8 C.F.R. § 103.5(a)(3). The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.
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: in_scope_procedural_eb1a_decision. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB072024_01B2203 |
|---|---|
Decision date as printed | 2024-02-07 |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: On the eighth motion, the petitioner sought reconsideration using a brief almost identical to the one submitted with the sixth motion. The AAO stated the brief did not identify evidence that was not considered or specify how the prior decision was erroneous, and general disagreement was insufficient. The motion to reconsider was dismissed.; citation_pages: 1; 2; classification: Motion to reconsider dismissed_for_failure_to_show_error; director_findings: The Nebraska Service Center denied the petition. The AAO dismissed the original appeal and seven subsequent motions; its June 5, 2023 decision on the seventh motion found the petitioner had not shown error in prior criterion determinations. |
Operative disposition | {'outcome': 'Motion to reconsider dismissed for failure to establish an incorrect application of law or policy or other basis under 8 C.F.R. § 103.5(a)(3).', 'basis': 'The brief repeated earlier arguments and did not show how the prior decision misapplied law or policy or what evidence had been overlooked.', 'citation_pages': [1, 2]} |
Final-merits status | Not reached |
What the AAO decision addressed
The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.
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 |
How this record may be used in research
Comparison scope: {'fit': 'motion_to_reconsider_failure_to_identify_error', 'aggregation_valid': True, 'use': 'May be grouped with reconsideration motions dismissed for merely repeating prior arguments; preserve this unusually long motion history and note the AAO incorporated its prior analysis. Not a fresh merits adjudication.', 'do_not_claim': ['Do not characterize a procedural rejection, dismissal, or remand as completed merits adjudication.', 'Do not infer individual criterion findings from aggregate threshold statements.', 'Do not treat remand as approval.', 'Do not treat a nonprecedent decision as binding authority.'], 'caveat': 'The current decision addresses the motion standard and incorporates prior findings; it does not re-adjudicate the criteria or final merits.'}
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.
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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