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AAO EB-1A decision JAN232013_01B2203: Motions to reconsider

AAO EB-1A decision JAN232013_01B2203: Motions to reconsider

EB-1A motions to reconsider — AAO decision JAN232013_01B2203: Motion to reconsider dismissed; July 26, 2012 decision affirmed and petition remains denied…

Decision summary: AAO decision JAN232013_01B2203: Motion to reconsider dismissed; July 26, 2012 decision affirmed and petition remains denied (p. 6). Counsel largely repeated prior arguments and asked for re-examination of evidence without identifying legal/factual error or new law/de novo determination. AAO explained a motion to reconsider is not a second appeal or new evidentiary hearing and rejected the arguments on criteria (pp. 2–6).

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

Decision snapshot

Decision ID

JAN232013_01B2203

Decision date as printed

January 23, 2013

Classification / field stated in source

EB-1A extraordinary ability motion decision; petitioner is a researcher/academic whose prior appeal was dismissed and petition denied (pp. 2–6).

Procedural posture

Motion to reconsider AAO’s July 26, 2012 appellate decision; petitioner asked AAO to revisit awards, original contributions, leading role and other evidence (pp. 1–5).

Operative disposition

Motion to reconsider dismissed; July 26, 2012 decision affirmed and petition remains denied (p. 6).

Final-merits status

Not coded in the normalized review fields

What the AAO decision addressed

Counsel largely repeated prior arguments and asked for re-examination of evidence without identifying legal/factual error or new law/de novo determination. AAO explained a motion to reconsider is not a second appeal or new evidentiary hearing and rejected the arguments on criteria (pp. 2–6).

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 — source PDF

Membership

Not coded — source PDF

Published material about the person

Not coded — source PDF

Judging the work of others

Not coded — source PDF

Original contributions of major significance

Not considered — source PDF

Scholarly authorship

Not coded — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not coded — source PDF

High salary or remuneration

Not coded — source PDF

Commercial success in the performing arts

Not coded — source PDF

Source holds and limits

"Sensitive identifying information redacted; underlying appeal findings are only revisited to decide motion requirements."

Source-cited findings recorded in review

  • p1: Redacted motion cover; printed January 23, 2013.; p2: Prior appeal/denial history and motion dismissal announced.; p3: Legal standards: scope and requirements for reconsideration.; p4: Award arguments and failure to identify legal error.; p5: Contribution and leading-role arguments repeated; no basis for reconsideration.; p6: Motion dismissed; prior decision affirmed and petition remains denied.

How this record may be used in research

Comparison scope: Procedural example explaining that reconsideration must identify a legal/factual error and cannot simply reargue the prior appeal. Eligible only for motion-process content, not as new merits guidance.

Editorial use note: Eligible only for motion-process content, not as new merits guidance.

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

  • Medicine sector research

  • Teaching sector research

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

Primary source

Official USCIS AAO decision PDF for JAN232013_01B2203