AAO research

AAO EB-1A decision JUL282023_01B2203: Appeal timeliness

AAO EB-1A decision JUL282023_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision JUL282023_01B2203: Appeal dismissed as moot because no post-reopening decision existed for the petitioner to…

Decision summary: AAO decision JUL282023_01B2203: Appeal dismissed as moot because no post-reopening decision existed for the petitioner to contest. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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_eb1a_procedural_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

JUL282023_01B2203

Decision date as printed

2023-07-28

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: The Director reopened the petition in February 2023, so the November 2022 denial was no longer in effect. The AAO found no evidence that a new decision had issued after reopening or that the petitioner identified a later decision to appeal. With the reopened proceeding pending and no operative decision to contest, the AAO dismissed the appeal as moot. A footnote says an appeal filed in March from the November denial would have been untimely.; citation_pages: 1; classification: Appeal dismissed_as_moot_after_reopening; director_findings: The Director denied the petition in November 2022, finding that the record did not establish at least three initial evidentiary criteria. The AAO decision does not identify individual criteria.

Operative disposition

{'outcome': 'Appeal dismissed as moot because no post-reopening decision existed for the petitioner to contest.', 'basis': 'The Director reopened the petition after the November 2022 denial, and the record showed no later decision; there was therefore no operative decision for the AAO to review.', 'citation_pages': [1]}

Final-merits status

Not reached

What the AAO decision addressed

The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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

How this record may be used in research

Comparison scope: {'fit': 'moot_after_reopening_pending', 'aggregation_valid': True, 'use': 'Keep separate from merits decisions and other mootness cases; useful only for a narrow procedural explanation that reopening may leave no operative decision to appeal while the matter remains pending.', 'do_not_claim': ['Do not characterize a procedural dismissal, rejection, or mootness ruling as an AAO merits decision.', 'Do not infer individual EB-1A criterion findings from an aggregate Director conclusion.', 'Do not mix the EB-2 advanced-degree case into EB-1A criterion comparisons.', 'Do not treat a nonprecedent decision as binding authority.'], 'caveat': 'The AAO did not decide any criterion or final merits. The Director’s aggregate minimum-criteria finding is not individualized in this decision.'}

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.

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

  • Final Merits 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 JUL282023_01B2203