AAO research

AAO EB-1A decision JAN132010_02B2203: Motions to reconsider

EB-1A motions to reconsider — AAO decision JAN132010_02B2203: Motion to reconsider dismissed; prior Director and AAO decisions left undisturbed; petition…

Decision summary: AAO decision JAN132010_02B2203: Motion to reconsider dismissed; prior Director and AAO decisions left undisturbed; petition remains denied. The beneficiary, rather than the petitioner or another party with legal standing, signed and submitted the motion; it also omitted the statement about related judicial proceedings required by regulation.

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: in_scope_EB1A_AAO_decision_precedent_status_not_marked_on_face. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID	JAN132010_02B2203
Decision date as printed	January 13, 2010
Classification / field stated in source	Not specified.
Procedural posture	Beneficiary filed motion to reconsider after Director denial and AAO appeal dismissal; motion dismissed because beneficiary lacks legal standing as affected party and required judicial-proceeding statement was absent.
Operative disposition	Motion to reconsider dismissed; prior Director and AAO decisions left undisturbed; petition remains denied.
Final-merits status	Not reached

What the AAO decision addressed

The beneficiary, rather than the petitioner or another party with legal standing, signed and submitted the motion; it also omitted the statement about related judicial proceedings required by regulation.

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 This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Published material about the person	Not reached — source PDF
Judging the work of others	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Original contributions of major significance	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Scholarly authorship	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Artistic display or showcases	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Leading or critical role	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
High salary or remuneration	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF
Commercial success in the performing arts	Not reached This AAO decision resolves filing, standing, jurisdiction, appeal specificity, or motion requirements; it does not decide any EB-1A criterion in the current decision. — source PDF

Source holds and limits

status:

Specific caveats recorded by the reviewer

Does not discuss the EB-1A eligibility evidence or criteria.

Source-cited findings recorded in review

claim: Cover identifies January 13, 2010 and EB-1A I-140 at Texas Service Center.; pages: 1
claim: AAO dismissed a motion to reconsider filed by the beneficiary after the Director denial and dismissal of a subsequent appeal.; pages: 2
claim: Regulations require a motion signed by an affected party with legal standing and a statement about related judicial proceedings; beneficiary is not an affected party for an I-140 petition.; pages: 2
claim: Motion was signed/submitted by beneficiary, not petitioner or another entity with standing, and omitted the required judicial-proceedings statement.; pages: 2
claim: AAO dismissed the motion, did not reopen proceedings, affirmed prior decisions and left petition denied.; pages: 2

How this record may be used in research

Comparison scope: narrow_procedural_explainer_only

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
Membership 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

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

Primary source

Official USCIS AAO decision PDF for JAN132010_02B2203