AAO research
EB-1A withdrawal and mootness — AAO decision MAY052021_02B2203: Appeal dismissed based on withdrawal; separate order/findings establish willful…
Decision summary: AAO decision MAY052021_02B2203: Appeal dismissed based on withdrawal; separate order/findings establish willful misrepresentation of material fact (physical pp. 1–6). AAO compared claimed professor employment and claimed CD releases with prior visa/employment information and the submitted CD packaging, finding altered packaging images and contradictory employment history. It found false statements willful and material after petitioner did not rebut the NOID (physical pp. 3–6).
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_special_procedural_and_misrepresentation_decision. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | MAY052021_02B2203 |
|---|---|
Decision date as printed | May 5, 2021 |
Classification / field stated in source | EB-1A; petitioner claimed extraordinary ability as a violinist. |
Procedural posture | Director revoked previously approved petition; AAO appeal. After NOID, petitioner requested withdrawal; AAO granted withdrawal and separately entered willful material-misrepresentation finding. |
Operative disposition | Appeal dismissed based on withdrawal; separate order/findings establish willful misrepresentation of material fact (physical pp. 1–6). |
Final-merits status | Not reached |
What the AAO decision addressed
AAO compared claimed professor employment and claimed CD releases with prior visa/employment information and the submitted CD packaging, finding altered packaging images and contradictory employment history. It found false statements willful and material after petitioner did not rebut the NOID (physical pp. 3–6).
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 coded — source PDF |
Membership | Not coded — source PDF |
Published material about the person | Not coded — source PDF |
Judging the work of others | Not coded — source PDF |
Original contributions of major significance | Not coded — source PDF |
Scholarly authorship | Not coded — source PDF |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not coded — source PDF |
High salary or remuneration | Not coded — source PDF |
Commercial success in the performing arts | Not coded — source PDF |
Source-cited findings recorded in review
Citations use physical PDF page numbers; printed page number noted in page-by-page record where legible.
How this record may be used in research
Comparison scope: Separate source-integrity / withdrawal / material-misrepresentation cluster; not comparable to ordinary criterion-by-criterion EB-1A denials. Any page must precisely distinguish withdrawal of appeal from independent AAO misrepresentation finding. Publish only with prominent, careful posture and finding labels; avoid stating the withdrawn appeal was dismissed on ordinary merits.
Editorial use note: Publish only with prominent, careful posture and finding labels; avoid stating the withdrawn appeal was dismissed on ordinary merits.
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
Withdrawal research
Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.