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AAO EB-1A decision JAN302008_01B2203: Appeal timeliness

AAO EB-1A decision JAN302008_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JAN302008_01B2203: Appeal rejected as untimely. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision JAN302008_01B2203: Appeal rejected as untimely. No merits reviewed; the appeal was late and did not qualify for treatment as a motion to reopen or reconsider (pp. 2–3).

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: In scope; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JAN302008_01B2203

Decision date as printed

January 30, 2008

Classification / field stated in source

EB-1A extraordinary ability.

Procedural posture

The Director issued a denial on Nov. 22, 2006, and the notice specified the correct service center, appeal deadline, and fee. The petitioner sent the appeal to AAO with an incorrect fee; after it was returned, the appeal with the correct fee was actually received 65 days after service. AAO rejected it as untimely and found it did not meet motion requirements because it stated no new facts or legal error.

Operative disposition

Appeal rejected as untimely.

Final-merits status

not reached

What the AAO decision addressed

No merits reviewed; the appeal was late and did not qualify for treatment as a motion to reopen or reconsider (pp. 2–3).

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

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • No merits reviewed; the appeal was late and did not qualify for treatment as a motion to reopen or reconsider (pp. 2–3).

How this record may be used in research

Comparison scope: Do not present the Director’s merits denial as an AAO finding.

Editorial use note: Eligible for carefully scoped, citation-rich content; preserve exact nonprecedent status and procedural posture.

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

  • Awards research

  • Membership research

  • Published material about the person 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

  • Untimely research

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

Primary source

Official USCIS AAO decision PDF for JAN302008_01B2203