AAO research
EB-1A withdrawal and mootness — AAO decision JUL052005_04B2203: Director decision withdrawn; petition remanded for further action and new decision, to be…
Decision summary: The AAO director decision withdrawn; petition Remanded for further action and new decision, to be certified to AAO if adverse. Form I-140 notation and supporting materials indicate EB-2 NIW; counsel made contradictory EB-1A statements. AAO directed Director to consider petition under EB-2 and issue any RFE to clarify classification.
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: Out of EB-1A merits scope; primary decision identifies EB-2 NIW as requested classification based on form notation and supporting documents.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | JUL052005_04B2203 |
|---|---|
Decision date as printed | July 5, 2005 |
Classification / field stated in source | Out of EB-1A merits scope; primary decision identifies EB-2 NIW as requested classification based on form notation and supporting documents. |
Procedural posture | Appeal of denial; AAO withdrew decision and Remanded because record indicates petitioner sought EB-2 national interest waiver, despite conflicting EB-1A references; Director also denied without required RFE. |
Operative disposition | Director decision withdrawn; petition Remanded for further action and new decision, to be certified to AAO if adverse. |
Final-merits status | not reached |
What the AAO decision addressed
Form I-140 notation and supporting materials indicate EB-2 NIW; counsel made contradictory EB-1A statements. AAO directed Director to consider petition under EB-2 and issue any RFE to clarify classification.
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 holds and limits
"Corpus directory/cover heading says EB-1A, while AAO’s operative discussion says the requested classification is EB-2 NIW. Exclude from EB-1A merits corpus unless separately resolved."
Source-cited findings recorded in review
claim: Form cover labels the petition EB-1A, but page 2 discussion says Form I-140 notation and supporting evidence clearly indicate EB-2 NIW.; pages: 1; 2
claim: Counsel’s letter contains conflicting EB-1A and EB-2 NIW descriptions; AAO attributes classification ambiguity to counsel’s inconsistent statements.; pages: 2
claim: AAO found Director improperly denied for lack of evidence without issuing an RFE, withdrew decision, and Remanded to consider EB-2 NIW and clarify classification.; pages: 2
How this record may be used in research
Comparison scope: Do not use for EB-1A criterion/final-merits comparisons. Potential narrowly labeled corpus-quality/process example only: classification mismatch and RFE/remand.
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
Published material about the person research
Leading or critical role research
Medicine sector research
Remand research
Waiv research
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