AAO research

AAO EB-1A decision MAR202023_01B2203: Withdrawal and mootness

AAO EB-1A decision MAR202023_01B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision MAR202023_01B2203: The appeal is dismissed as moot because the petitioner requested that the current petition…

Decision summary: AAO decision MAR202023_01B2203: The appeal is dismissed as moot because the petitioner requested that the current petition no longer form the basis for adjustment and instead sought transfer to the approved I-140. The decision states that further pursuit is moot and dismisses the appeal. It expressly notes the AAO lacks jurisdiction over transfer of I-140 petitions to different I-485 applications and over adjustment of status.

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; source classification is EB-1A/extraordinary ability, but this decision does not reach substantive criteria merits.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

MAR202023_01B2203

Decision date as printed

March 20, 2023

Classification / field stated in source

Source identifies a Form I-140 petition for extraordinary ability under INA § 203(b)(1)(A) / EB-1A. For Matter of T-B- and the March 2023 decision, source visibly labels the decision Non-Precedent.

Procedural posture

Appeal of a Texas Service Center denial of a Form I-140 for extraordinary ability; the petitioner is a martial arts professional. The Director concluded the record did not establish at least three of ten criteria. After the appeal was filed in January 2022, another extraordinary-ability I-140 was approved on April 22, 2022. The petitioner asked that the underlying basis be transferred from the pending petition to the approved petition for pending I-485 applications.

Operative disposition

The appeal is dismissed as moot because the petitioner requested that the current petition no longer form the basis for adjustment and instead sought transfer to the approved I-140.

Final-merits status

not reached

What the AAO decision addressed

The decision states that further pursuit is moot and dismisses the appeal. It expressly notes the AAO lacks jurisdiction over transfer of I-140 petitions to different I-485 applications and over adjustment of status.

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 three-of-ten conclusion is the Director’s, not the AAO’s. AAO expressly disclaims jurisdiction over the requested transfer and adjustment; the decision does not find that the pending petition independently satisfied criteria.", "This short procedural decision has low standalone informational value for an individual indexable case page; it should not be presented as a substantive example of whether evidence satisfies EB-1A criteria."]

Specific caveats recorded by the reviewer

  • The three-of-ten conclusion is the Director’s, not the AAO’s. AAO expressly disclaims jurisdiction over the requested transfer and adjustment; the decision does not find that the pending petition independently satisfied criteria.

  • This short procedural decision has low standalone informational value for an individual indexable case page; it should not be presented as a substantive example of whether evidence satisfies EB-1A criteria.

Source-cited findings recorded in review

  • p. 1, Non-Precedent label, date, case identifier, martial arts classification and three-of-ten Director conclusion

  • p. 1, subsequent approval, basis-transfer request, mootness rationale, ORDER and footnotes

How this record may be used in research

Comparison scope: May be included in a carefully labeled source-cited procedural comparison of EB-1A appeal dispositions. Summary dismissals may be grouped only with their specific appeal-failure mechanism preserved. Mootness cases must remain a separate group, and the 2023 second-petition/basis-transfer case must remain distinct from completed-LPR-adjustment cases.

Editorial use note: Do not create an individual indexable page from this short procedural decision. Consider only as a cited example in a procedural explainer after review of the full comparison set.

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

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Primary source

Official USCIS AAO decision PDF for MAR202023_01B2203