AAO research
EB-1A withdrawal and mootness — AAO decision FEB252008_02B2203: Director decision withdrawn; remanded for adjudication under INA 203(b)(3).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Decision summary: The AAO director decision withdrawn; Remanded for adjudication under INA 203(b)(3).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Operative disposition | Director decision withdrawn; Remanded for adjudication under INA 203(b)(3).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
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Leading or critical role research
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Remand research
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