AAO research
EB-1A judging the work of others — AAO decision FEB092022_01B2203: Combined motions dismissed; prior AAO decision remains in effect. Review source status…
Decision summary: AAO decision FEB092022_01B2203: Combined motions dismissed; prior AAO decision remains in effect. Original Director found four criteria but denied at final merits; on appeal AAO found only judging and scholarly articles met and withdrew original-contributions and leading-role findings; fewer than three criteria. Current third motion was untimely (357 and 364 days after decision) and improperly filed/identified; petitioner showed neither legal error nor new evidence to reopen.
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; verified in source review. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB092022_01B2203 |
|---|---|
Decision date as printed | February 9, 2022 |
Classification / field stated in source | EB-1A extraordinary ability; field: plant pathology researcher. |
Procedural posture | Third motion to reopen/reconsider after original appeal and two motions; motion relates to filing of combined motions on Director decision rather than AAO appellate decision. |
Operative disposition | Combined motions dismissed; prior AAO decision remains in effect. |
Final-merits status | Prior Director reached adverse final merits, but AAO appeal found fewer than three criteria and did not reach final merits; current motion does not reopen merits. |
What the AAO decision addressed
Original Director found four criteria but denied at final merits; on appeal AAO found only judging and scholarly articles met and withdrew original-contributions and leading-role findings; fewer than three criteria. Current third motion was untimely (357 and 364 days after decision) and improperly filed/identified; petitioner showed neither legal error nor new evidence to reopen.
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 | met — source PDF |
Original contributions of major significance | not met — source PDF |
Scholarly authorship | met — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | not met — source PDF |
High salary or remuneration | Not coded — source PDF |
Commercial success in the performing arts | Not coded — source PDF |
Source holds and limits
"Do not attribute the Director’s adverse final merits to the AAO appeal; AAO found the threshold criteria unmet and did not reach a fresh final-merits determination."
Source-cited findings recorded in review
PDF p. 1: Cover identifies Feb. 9, 2022, motion on AAO decision, EB-1A plant pathology researcher; this is a third motion.
PDF p. 2: Prior Director findings and AAO appeal result summarized; only judging and scholarly articles remained met; prior motions filed after 357/364 days; AAO addresses Form I-290B identification and lack of legal error/new facts.
PDF p. 3: Third combined motion to reconsider/reopen dismissed; prior appellate decision affirmed.
How this record may be used in research
Comparison scope: Procedural-only comparison for motion timeliness, correct decision identification, and distinguishing underlying final-merits reasoning from later motion posture.
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
Judging the work of others research
Original contributions of major significance research
Scholarly authorship research
Leading or critical role research
Medicine sector research
Final Merits research
Untimely research
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