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AAO EB-1A decision FEB112009_01B2203: Appeal disposition

AAO EB-1A decision FEB112009_01B2203: Appeal disposition

EB-1A appeal disposition — AAO decision FEB112009_01B2203: Appeal dismissed. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision FEB112009_01B2203: Appeal dismissed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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_or_non_merits_procedural_record. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB112009_01B2203

Decision date as printed

2009-05-11

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: Appeal of Nebraska Service Center denial of a Form I-140; the petitioner requested a change in classification to outstanding researcher on appeal, which AAO did not permit.; citation_pages: 1; 2; 3; 4; 5; classification: Appeal of Nebraska Service Center denial of a Form I-140; the petitioner requested a change in classification to outstanding researcher on appeal, which AAO did not permit.; director_findings: As distinguished in source-specific disposition and basis.

Operative disposition

{'outcome': 'Appeal dismissed.', 'basis': 'The decision explains that the filed petition requested extraordinary-ability classification, while the petitioner sought to change it to outstanding researcher on appeal. AAO found the request could not be treated as the requested classification within the existing petition and dismissed; it did not resolve a full EB-1A evidentiary merits case.', 'citation_pages': [1, 2, 3, 4, 5]}

Final-merits status

The decision explains that the filed petition requested extraordinary-ability classification, while the petitioner sought to change it to outstanding researcher on appeal. AAO found the request could not be treated as the requested classification within the existing petition and dismissed; it did not resolve a full EB-1A evidentiary merits case.

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 considered — source PDF

Membership

Not considered — source PDF

Published material about the person

Not considered — source PDF

Judging the work of others

Not considered — source PDF

Original contributions of major significance

Not considered — source PDF

Scholarly authorship

Not considered — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not considered — source PDF

High salary or remuneration

Not considered — source PDF

Commercial success in the performing arts

Not considered — source PDF

How this record may be used in research

Comparison scope: {'eligible_for_narrow_comparison': False, 'fit': 'Not eligible for substantive EB-1A criterion aggregation. Could support a narrow procedural explainer about classification requested on Form I-140 and limits on changing it on appeal.', 'caveats': 'Classification posture differs from a standard EB-1A merits appeal. Exclude from EB-1A success-rate/criterion aggregates and label as procedural only.'}

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.

Related corpus research

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Primary source

Official USCIS AAO decision PDF for FEB112009_01B2203