AAO research
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
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