AAO research

AAO EB-1A decision FEB252008_02B2203: Withdrawal and mootness

AAO EB-1A decision FEB252008_02B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision FEB252008_02B2203: Director decision withdrawn; remanded for adjudication under INA 203(b)(3). Review source…

Decision summary: The AAO director decision withdrawn; Remanded for adjudication under INA 203(b)(3). Record consistently sought skilled-worker classification despite erroneous EB-1A selection; after denial without an RFE, AAO Remanded for proper EB-3 consideration and opportunity to address deficiencies.

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: Out of EB-1A merits scope; Remanded to EB-3.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

FEB252008_02B2203

Decision date as printed

February 25, 2008

Classification / field stated in source

Appeal; EB-1A box was selected in error; remand for EB-3 skilled-worker adjudication

Procedural posture

Petitioner construction company filed Form I-140 seeking to employ beneficiary as mason. Supporting documents (job offer, tax returns, labor certification) fit EB-3 skilled-worker classification; counsel said EB-1A box was checked erroneously.

Operative disposition

Director decision withdrawn; Remanded for adjudication under INA 203(b)(3).

Final-merits status

Not reached by AAO in this procedural disposition; any underlying director findings are recited rather than re-adjudicated.

What the AAO decision addressed

Record consistently sought skilled-worker classification despite erroneous EB-1A selection; after denial without an RFE, AAO Remanded for proper EB-3 consideration and opportunity to address deficiencies.

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

Source-cited findings recorded in review

  • claim: Cover identifies February 25, 2008 and an extraordinary-ability petition label.; pages: 1

  • claim: Petitioner was a construction company seeking to employ beneficiary permanently as a mason; filing materials reflected skilled-worker classification and director denied EB-1A.; pages: 2

  • claim: AAO found the EB-1A box erroneous, withdrew decision and Remanded for EB-3 skilled-worker adjudication.; pages: 3

How this record may be used in research

Comparison scope: Exclude from EB-1A criterion or outcome aggregation.

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

  • Published material about the person research

  • Leading or critical role research

  • Other Named Professions sector research

  • Remand research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for FEB252008_02B2203