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EB-1A three-criterion threshold — AAO decision NOV012023_03B2203: Appeal dismissed; denial affirmed. Review source status, procedural posture and the…
Decision summary: AAO decision NOV012023_03B2203: Appeal dismissed; denial affirmed. The claimed awards do not establish qualifying recognized awards; nursing licenses/certificates do not establish selective membership requiring outstanding achievements; original-contribution finding was effectively waived when not challenged, and newly raised evidence/issues are declined after an opportunity to respond to the RFE. Threshold not met; final merits not reached.
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. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | NOV012023_03B2203 |
|---|---|
Decision date as printed | November 1, 2023 |
Classification / field stated in source | EB-1A extraordinary ability; appeal dismissed |
Procedural posture | Appeal from EB-1A denial; AAO reviews awards, membership, and original contributions. |
Operative disposition | Appeal dismissed; denial affirmed. |
Final-merits status | Not reached; preliminary evidentiary requirements not satisfied |
What the AAO decision addressed
The claimed awards do not establish qualifying recognized awards; nursing licenses/certificates do not establish selective membership requiring outstanding achievements; original-contribution finding was effectively waived when not challenged, and newly raised evidence/issues are declined after an opportunity to respond to the RFE. Threshold not met; final merits not reached.
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 met — source PDF |
Membership | Not met — 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 | Abandoned or waived — 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
claim: The petitioner claimed awards, memberships, and original contributions; the Director found the initial evidence insufficient.; pages: 1; 2
claim: Award evidence did not establish qualifying recognition for excellence in the field.; pages: 2; 3
claim: Nursing certificates/board credentials did not prove selective association membership requiring outstanding achievements.; pages: 3; 4
claim: Original-contributions finding was not challenged and was treated as waived; new claims/evidence were declined because the petitioner had notice and opportunity to respond to the RFE.; pages: 4
claim: AAO affirms the denial without final-merits analysis and dismisses appeal.; pages: 4; 5
How this record may be used in research
Comparison scope: Eligible for individual case discussion_only
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.
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