AAO research
EB-1A withdrawal and mootness — AAO decision MAR252019_01B2203: Director’s decision withdrawn and appeal sustained for EB-2 advanced-degree-professional…
Decision summary: AAO decision MAR252019_01B2203: Director’s decision withdrawn and appeal sustained for EB-2 advanced-degree-professional classification. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.
Scope note: The source review classified this record as outside EB-1A merits scope. It is retained for corpus provenance and must not be used as an EB-1A criterion or eligibility example.
Scope classification from review: out_of_scope_non_eb1a. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | MAR252019_01B2203 |
|---|---|
Decision date as printed | 2019-03-25 |
Classification / field stated in source | Classification not stated in the normalized review fields |
Procedural posture | AAO_posture: This Form I-140 sought EB-2 classification as a member of the professions holding an advanced degree, not EB-1A. On de novo review, the AAO found the labor-certification requirements supported the requested classification, withdrew the Director’s decision, and sustained the appeal.; citation_pages: 1; 2; classification: out_of_scope_eb2_advanced_degree_Appeal sustained; director_findings: The Nebraska Service Center Director found that the labor-certification minimum requirements did not support the requested advanced-degree-professional classification. |
Operative disposition | {'outcome': 'Director’s decision withdrawn and appeal sustained for EB-2 advanced-degree-professional classification.', 'basis': 'The AAO concluded the labor certification’s minimum educational and experience requirements supported the advanced-degree-professional classification requested.', 'citation_pages': [1, 2]} |
Final-merits status | not_applicable_non_eb1a |
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 considered — source PDF |
Membership | Not considered — source PDF |
Published material about the person | Not considered — source PDF |
Judging the work of others | Not considered — source PDF |
Original contributions of major significance | Not considered — source PDF |
Scholarly authorship | Not considered — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not considered — source PDF |
High salary or remuneration | Not considered — source PDF |
Commercial success in the performing arts | Not considered — source PDF |
How this record may be used in research
Comparison scope: {'fit': 'out_of_scope_eb2_advanced_degree_merits', 'aggregation_valid': True, 'use': 'Do not aggregate with EB-1A decisions or use as EB-1A precedent/content. Preserve as an out-of-scope but fully reviewed EB-2 case if the corpus covers broader employment-based petitions.', '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': 'This is an EB-2 advanced-degree-professional decision, not an EB-1A extraordinary-ability decision. Its sustained outcome concerns EB-2 labor-certification requirements.'}
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.
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