AAO research

AAO EB-1A decision JUL222010_01B2203: Withdrawal and mootness

AAO EB-1A decision JUL222010_01B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision JUL222010_01B2203: Director decision withdrawn; petition remanded for correct EB-1A evidentiary standard.…

Decision summary: The AAO director decision withdrawn; petition Remanded for correct EB-1A evidentiary standard. No individual EB-1A criterion is evaluated; AAO corrects the classification/evidentiary framework. Final merits not reached (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

JUL222010_01B2203

Decision date as printed

July 22, 2010

Classification / field stated in source

EB-1A extraordinary ability; proposed work as research assistant professor.

Procedural posture

Director applied outstanding professor/researcher criteria under EB-1B although the I-140 requested EB-1A extraordinary ability. AAO found petitioner’s argument persuasive, noted the RFE allowed four weeks but Director issued decision after two weeks, withdrew the decision, and Remanded for application of EB-1A evidentiary criteria and further action.

Operative disposition

Director decision withdrawn; petition Remanded for correct EB-1A evidentiary standard.

Final-merits status

not reached

What the AAO decision addressed

No individual EB-1A criterion is evaluated; AAO corrects the classification/evidentiary framework. Final merits not reached (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 individual EB-1A criterion is evaluated; AAO corrects the classification/evidentiary framework. Final merits not reached (pp. 2–3).

How this record may be used in research

Comparison scope: Do not treat remand as a finding of EB-1A eligibility.

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.

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

  • Medicine sector research

  • Teaching sector research

  • Final Merits research

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

Primary source

Official USCIS AAO decision PDF for JUL222010_01B2203