AAO research

AAO EB-1A decision NOV032012_11B2203: Appeal arguments

AAO EB-1A decision NOV032012_11B2203: Appeal arguments

EB-1A appeal arguments — AAO decision NOV032012_11B2203: Appeal summarily dismissed. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision NOV032012_11B2203: Appeal summarily dismissed. No specific error was identified. Comparable evidence is available only where the regulatory criteria do not readily apply to the occupation; the petitioner did not establish that threshold and could not rely on comparable evidence simply because criteria were unmet.

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: EB-1A in-scope; no substantive criterion adjudication.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

NOV032012_11B2203

Decision date as printed

November 3, 2012

Classification / field stated in source

EB-1A appeal; summary dismissal after motion to reopen/reconsider was dismissed by the director.

Procedural posture

After a late appeal was returned for treatment as a motion, director dismissed the motion and affirmed denial; petitioner appealed.

Operative disposition

Appeal summarily dismissed.

Final-merits status

Not reached

What the AAO decision addressed

No specific error was identified. Comparable evidence is available only where the regulatory criteria do not readily apply to the occupation; the petitioner did not establish that threshold and could not rely on comparable evidence simply because criteria were unmet.

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

Source-cited findings recorded in review

  • claim: Cover identifies EB-1A I-140 and date November 3, 2012.; pages: 1

  • claim: Decision states the appeal followed a director decision dismissing a motion and affirming denial.; pages: 2

  • claim: Appeal invoked comparable evidence for certificates/diplomas/publications; AAO explains the threshold requirement that the ten criteria not readily apply to the occupation.; pages: 2

  • claim: No evidence showed the criteria were inapplicable; appeal was summarily dismissed.; pages: 2; 3

How this record may be used in research

Comparison scope: May support a separate procedural/legal explainer on 8 C.F.R. 204.5(h)(4), not a case outcome comparison page.

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

  • Published material about the person research

  • Leading or critical role research

  • Threshold research

  • Summary Dismissal research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for NOV032012_11B2203