AAO research
EB-1A published material about the person — AAO decision JAN232024_01B2203: Director decision withdrawn; remanded for first-instance consideration of…
Decision summary: The AAO director decision withdrawn; Remanded for first-instance consideration of remaining four claimed criteria. AAO held practice of law falls within science or art and broader field of law may be business; director’s categorical occupation exclusion was not a proper ground. Awards and published-material issues were waived on appeal; membership, original contributions, leading/critical role, and high remuneration Remanded.
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: EB-1A merits appeal; four remaining criteria and final merits unresolved; two claims waived on appeal.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | JAN232024_01B2203 |
|---|---|
Decision date as printed | January 23, 2024 |
Classification / field stated in source | EB-1A appeal; occupational-scope denial withdrawn and Remanded |
Procedural posture | Director denied for failing three initial criteria and separately concluded petitioner’s occupation was outside EB-1A field scope. Petitioner studied international law and worked as intern/paralegal; planned law practice. |
Operative disposition | Director decision withdrawn; Remanded for first-instance consideration of remaining four claimed criteria. |
Final-merits status | Not reached; remaining four criteria Remanded and AAO took no position on ultimate eligibility. |
What the AAO decision addressed
AAO held practice of law falls within science or art and broader field of law may be business; director’s categorical occupation exclusion was not a proper ground. Awards and published-material issues were waived on appeal; membership, original contributions, leading/critical role, and high remuneration Remanded.
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 | Abandoned or waived — source PDF |
Membership | Not reached — source PDF |
Published material about the person | waived |
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: Decision dated January 23, 2024 identifies petitioner as global-security expert seeking EB-1A; director also found occupation outside classification scope.; pages: 1
claim: Petitioner claimed six criteria; director found none met. Awards and published-material findings were not challenged on appeal and were waived.; pages: 2
claim: AAO held law practice falls within science or art and broader law may fall within business; Remanded for first-instance decision on membership, contributions, leading role, and remuneration.; pages: 2; 3
claim: AAO took no position on whether petitioner met remaining criteria or sustained acclaim.; pages: 3
How this record may be used in research
Comparison scope: Eligible for occupation-scope/procedural coverage; exclude from approvals and criterion-outcome aggregate.
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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