AAO research

AAO EB-1A decision FEB162023_03B2203: Withdrawal and mootness

AAO EB-1A decision FEB162023_03B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision FEB162023_03B2203: Director decision withdrawn; matter remanded for a new decision. Review source status…

Decision summary: The AAO director decision withdrawn; matter Remanded for a new decision. No criterion state determined. The missing record prevents review of the Director’s evaluation; petitioner’s claimed award/criteria in the brief are reported, not findings. Final merits not reached (pp. 1–2).

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; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB162023_03B2203

Decision date as printed

February 16, 2023

Classification / field stated in source

EB-1A extraordinary ability in the arts; industrial designer.

Procedural posture

Director revoked approval, concluding the record did not establish a major internationally recognized award. On de novo appeal, AAO stated it could not address merits because the record lacked complete copies of the 13-page brief and several supporting documents submitted with the petition; it could not determine whether the Director reviewed all relevant evidence or whether the record at revocation warranted denial. It withdrew the decision and Remanded for record reconstruction and a new decision. Footnote notes the appeal brief asserts the petitioner qualified through a one-time achievement and at least three criteria, but those assertions are not adjudicated.

Operative disposition

Director decision withdrawn; matter Remanded for a new decision.

Final-merits status

not reached

What the AAO decision addressed

No criterion state determined. The missing record prevents review of the Director’s evaluation; petitioner’s claimed award/criteria in the brief are reported, not findings. Final merits not reached (pp. 1–2).

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

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • No criterion state determined. The missing record prevents review of the Director’s evaluation; petitioner’s claimed award/criteria in the brief are reported, not findings. Final merits not reached (pp. 1–2).

How this record may be used in research

Comparison scope: Do not publish as an outcome on the alleged award, criteria, or eligibility; preserve revocation posture and record-completeness rationale.

Editorial use note: Eligible for carefully scoped, citation-rich procedural content only; preserve nonprecedent status and 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

  • Awards research

  • Membership research

  • Published material about the person 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

  • Performance sector research

  • Final Merits research

  • Remand research

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Primary source

Official USCIS AAO decision PDF for FEB162023_03B2203