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EB-1A appeal timeliness — AAO decision FEB132024_03B2203: The combined motions to reopen and reconsider are dismissed as untimely; classification identity…
Decision summary: AAO decision FEB132024_03B2203: The combined motions to reopen and reconsider are dismissed as untimely; classification identity is held due to conflicting NIW heading and EB-1A discussion. The combined motion to reopen and motion to reconsider were dismissed as untimely, but hold the record from EB-1A publication/aggregation because the decision heading and body conflict on classification.
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: hold_source_identity_classification_conflict. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | FEB132024_03B2203 |
|---|---|
Decision date as printed | February 13, 2024 |
Classification / field stated in source | Conflicting source descriptions: NIW form heading vs EB-1A body. |
Procedural posture | Non-Precedent decision on combined motion to reopen and reconsider after denial/dismissal. The heading identifies Form I-140 National Interest Waiver, while the body says the petitioner sought extraordinary ability, discusses the EB-1A three-of-ten threshold, and refers to the original appeal. The source is internally inconsistent as to classification. Body states prior appeal dismissed May 24, 2023 and motion received August 22, 2023, 90 days later; untimeliness not excused. |
Operative disposition | The combined motions to reopen and reconsider are dismissed as untimely; classification identity is held due to conflicting NIW heading and EB-1A discussion. |
Final-merits status | not reached |
What the AAO decision addressed
The combined motion to reopen and motion to reconsider were dismissed as untimely, but hold the record from EB-1A publication/aggregation because the decision heading and body conflict on classification.
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 |
Membership | not reached |
Published material about the person | not reached |
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
Heading says Form I-140 National Interest Waiver; body identifies extraordinary ability, EB-1A criteria and prior EB-1A appeal. Confirm source identity/classification before EB-1A use.
Specific caveats recorded by the reviewer
The Director’s background conclusions and petitioner/counsel assertions are not AAO criterion holdings.
Every criterion and final merits are not reached in this procedural disposition.
Source-cited findings recorded in review
p. 1, decision date, office/file heading and classification/posture as printed.
p. 1, title/form heading versus body classification and motion disposition.
How this record may be used in research
Comparison scope: Do not aggregate identity-held documents. Other verified records may be grouped in a procedural index only by exact mechanism (summary dismissal, late appeal rejection, standing rejection), with dates, posture, and citations; preserve separate fact patterns.
Editorial use note: Hold from EB-1A publication until authoritative identity/classification reconciliation.
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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