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EB-1A final merits — AAO decision JUL132005_03B2203: Appeal dismissed; petition not approvable. Review source status, procedural posture and the official…
Decision summary: AAO decision JUL132005_03B2203: Appeal dismissed; petition not approvable. No individual criterion findings; AAO states no evidence supports extraordinary ability or sustained acclaim, and no evidence places beneficiary at the top of asphalt sealing (pp. 2–3). Final merits not separately reached.
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 | JUL132005_03B2203 |
|---|---|
Decision date as printed | July 13, 2005 |
Classification / field stated in source | EB-1A extraordinary ability; beneficiary worked as an asphalt sealer supervisor. |
Procedural posture | Petitioner acknowledged the I-140 mistakenly selected the wrong classification and attempted on appeal to submit a new I-140 for a skilled worker without required labor certification. AAO held petition cannot be amended on appeal to seek a different statutory classification; record contained no evidence of extraordinary ability or sustained acclaim. |
Operative disposition | Appeal dismissed; petition not approvable. |
Final-merits status | not reached |
What the AAO decision addressed
No individual criterion findings; AAO states no evidence supports extraordinary ability or sustained acclaim, and no evidence places beneficiary at the top of asphalt sealing (pp. 2–3). Final merits not separately reached.
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 individual criterion findings; AAO states no evidence supports extraordinary ability or sustained acclaim, and no evidence places beneficiary at the top of asphalt sealing (pp. 2–3). Final merits not separately reached.
How this record may be used in research
Comparison scope: Preserve that AAO found no evidence of extraordinary ability but did not analyze individual criteria.
Editorial use note: Eligible for carefully scoped, citation-rich content; identify nonprecedent status and procedural posture.
Page-level source trail
Use the official PDF and the cited physical page numbers to check each statement.
PDF page 1 — Cover/instructions dated July 13, 2005; EB-1A petition.
PDF page 2 — Asphalt sealer supervisor case; discusses mistaken classification and denial.
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
Final Merits research
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