AAO research

AAO EB-1A decision NOV212006_01B2203: Appeal timeliness

AAO EB-1A decision NOV212006_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision NOV212006_01B2203: Motion to reopen rejected. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision NOV212006_01B2203: Motion to reopen rejected. No AAO decision existed to reopen; motion jurisdiction lay with Director. Independently, motion was untimely and delay was not shown reasonable or beyond petitioner’s control.

Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.

Scope classification from review: in_scope_eb1a_procedural_record. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

NOV212006_01B2203

Decision date as printed

November 21, 2006

Classification / field stated in source

EB-1A extraordinary ability in the arts.

Procedural posture

After AAO rejected an appeal as filed by a person without standing and without rendering a decision, a motion to reopen was filed. AAO says there is no AAO decision to reopen and the Director made the latest decision, so AAO lacks motion jurisdiction. Motion was also untimely: AAO decision mailed April 24, 2006; motion dated May 11 but received at service center August 30, 2006; no reasonable/beyond-control explanation.

Operative disposition

Motion to reopen rejected.

Final-merits status

not reached

What the AAO decision addressed

No AAO decision existed to reopen; motion jurisdiction lay with Director. Independently, motion was untimely and delay was not shown reasonable or beyond petitioner’s control.

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 holds and limits

["No EB-1A criterion is reviewed; Director’s general conclusion is only recited."]

Specific caveats recorded by the reviewer

  • No EB-1A criterion is reviewed; Director’s general conclusion is only recited.

Source-cited findings recorded in review

  • p. 1 identifies date and EB-1A petition.

  • p. 2 summarizes prior no-standing appeal, motion, jurisdiction, dates and untimeliness, and order.

How this record may be used in research

Comparison scope: Only aggregate by verified procedural mechanism and preserve distinctions between untimely appeal, motion jurisdiction/filing, summary dismissal, representative standing, and withdrawal/abandonment. Do not treat procedure-only records as criterion outcomes. Exclude source-held records from publication/comparison pending reconciliation.

Editorial use note: May be summarized as a procedural record with page citations; do not imply criterion 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

  • 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

  • Performance sector research

  • Summary Dismissal research

  • Untimely research

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

Primary source

Official USCIS AAO decision PDF for NOV212006_01B2203