AAO research
EB-1A appeal disposition — AAO decision JUL132005_09B2203: Appeal dismissed; petition not approved. Review source status, procedural posture and the…
Decision summary: AAO decision JUL132005_09B2203: Appeal dismissed; petition not approved. Record lacked evidence that the beneficiary’s work as an asphalt sealer supervisor fit the statutory fields or that he had sustained acclaim/top-of-field standing; petitioner could not change the petition to a skilled-worker classification on appeal.
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 in-scope; substantive denial based on statutory eligibility/acclaim.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | JUL132005_09B2203 |
|---|---|
Decision date as printed | July 13, 2005 |
Classification / field stated in source | EB-1A I-140 appeal; substantive denial affirmed by dismissal. |
Procedural posture | Appeal from California Service Center denial. |
Operative disposition | Appeal dismissed; petition not approved. |
Final-merits status | not reached as a distinct final-merits determination; AAO found statutory field/acclaim prerequisites unestablished. |
What the AAO decision addressed
Record lacked evidence that the beneficiary’s work as an asphalt sealer supervisor fit the statutory fields or that he had sustained acclaim/top-of-field standing; petitioner could not change the petition to a skilled-worker classification on appeal.
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-cited findings recorded in review
claim: Cover identifies EB-1A petition and date July 13, 2005.; pages: 1
claim: Director found no evidence of extraordinary ability or sustained acclaim; beneficiary was an asphalt sealer supervisor.; pages: 2
claim: Petitioner sought to change classification on appeal; AAO states a petitioner may not materially amend a deficient petition to a different statutory classification on appeal.; pages: 2; 3
claim: No evidence showed asphalt sealer work fit the statutory categories or that beneficiary had sustained acclaim; appeal dismissed.; pages: 3
How this record may be used in research
Comparison scope: Could be a citation-backed case note on statutory fit; do not generalize criterion-level evidence findings.
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
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