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AAO EB-1A decision JUL182013_02B2203: Appeal timeliness

AAO EB-1A decision JUL182013_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JUL182013_02B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision JUL182013_02B2203: Appeal rejected as untimely filed. Correct-fee appeal received 58 days after decision; first rejected filing did not retain filing date; AAO states it lacks authority to extend deadline.

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: in_scope_eb1a_procedural_record. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JUL182013_02B2203

Decision date as printed

July 18, 2013

Classification / field stated in source

EB-1A under INA section 203(b)(1)(A); petitioner self-represented.

Procedural posture

Director issued denial December 19, 2012. Petitioner first attempted appeal January 22, 2013, but USCIS rejected it for incorrect fee; resubmitted with correct fee February 15, 2013, 58 days after the decision. The Director determined the late appeal did not meet motion requirements and forwarded it to AAO.

Operative disposition

Appeal rejected as untimely filed.

Final-merits status

not reached

What the AAO decision addressed

Correct-fee appeal received 58 days after decision; first rejected filing did not retain filing date; AAO states it lacks authority to extend deadline.

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

Membership

not reached

Published material about the person

not reached

Judging the work of others

not reached

Original contributions of major significance

not reached

Scholarly authorship

not reached

Artistic display or showcases

not reached

Leading or critical role

not reached

High salary or remuneration

not reached

Commercial success in the performing arts

not reached

Source holds and limits

["The merits of the denial and any EB-1A criterion are not reviewed in this appeal decision."]

Specific caveats recorded by the reviewer

  • The merits of the denial and any EB-1A criterion are not reviewed in this appeal decision.

Source-cited findings recorded in review

  • p. 1 identifies July 18, 2013 date, Texas Service Center, and EB-1A petition.

  • p. 2 states prior-decision and receipt dates, 58-day lateness, legal basis, and order rejecting appeal.

How this record may be used in research

Comparison scope: Group only in a clearly labeled procedural collection by mechanism: (1) late appeals rejected with no motion treatment; (2) late appeals returned for motion consideration; (3) summary dismissal for nonspecific appeal/no supplement; (4) abandonment after missed NOID response; (5) representative/jurisdiction/classification filing defects; and (6) motions denied/dismissed for failure to meet motion standards. Do not combine these procedural outcomes as substantive EB-1A criterion outcomes.

Editorial use note: May be summarized only as a source-cited procedural record; no criterion-specific summary or outcome implied.

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

  • Summary Dismissal 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 JUL182013_02B2203