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AAO EB-1A decision NOV172005_03B2203: Motions to reopen

AAO EB-1A decision NOV172005_03B2203: Motions to reopen

EB-1A motions to reopen — AAO decision NOV172005_03B2203: Director decision withdrawn; remanded for proper revocation proceedings and a new decision.…

Decision summary: The AAO director decision withdrawn; Remanded for proper revocation proceedings and a new decision. No criterion merits determination; AAO Remanded to provide notice and a reasonable response opportunity in revocation proceedings (pp. 2–3). 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; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

NOV172005_03B2203

Decision date as printed

November 17, 2005

Classification / field stated in source

EB-1A extraordinary ability; previously approved petition was reopened for potential revocation.

Procedural posture

After the I-140 was initially approved, the Director reopened it on service motion and ultimately denied it, treating the action as reopening rather than revocation. AAO withdrew the Director’s decision and Remanded because the proper course was to issue a notice of intent to revoke and give the petitioner a reasonable opportunity to respond. The AAO noted good and sufficient cause to initiate revocation proceedings but did not decide the ultimate eligibility question.

Operative disposition

Director decision withdrawn; Remanded for proper revocation proceedings and a new decision.

Final-merits status

not reached

What the AAO decision addressed

No criterion merits determination; AAO Remanded to provide notice and a reasonable response opportunity in revocation proceedings (pp. 2–3). 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 considered

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • No criterion merits determination; AAO Remanded to provide notice and a reasonable response opportunity in revocation proceedings (pp. 2–3). Final merits not reached.

How this record may be used in research

Comparison scope: This is not an approval on appeal or a finding that the petitioner remained eligible; ultimate decision was left to the Director.

Editorial use note: Eligible for carefully scoped, citation-rich content; preserve exact nonprecedent status and procedural posture.

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

  • Awards research

  • Membership research

  • Published material about the person research

  • Judging the work of others research

  • Original contributions of major significance research

  • Scholarly authorship research

  • Artistic display or showcases research

  • Leading or critical role research

  • High salary or remuneration research

  • Commercial success in the performing arts research

  • Final Merits research

  • Remand research

  • Revocation research

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Primary source

Official USCIS AAO decision PDF for NOV172005_03B2203