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AAO EB-1A decision NOV252011_03B2203: Appeal timeliness

AAO EB-1A decision NOV252011_03B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision NOV252011_03B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision NOV252011_03B2203: Appeal rejected as untimely filed.

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; the disposition does not decide EB-1A criterion merits.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

NOV252011_03B2203

Decision date as printed

November 25, 2011

Classification / field stated in source

Form I-140 extraordinary-ability classification under INA § 203(b)(1)(A) / EB-1A, as printed.

Procedural posture

Texas Service Center EB-1A appeal. Director issued denial May 13, 2010; counsel dated Form I-290B May 15, but service center received it June 16, 34 days after the decision. Director found the late appeal did not meet motion requirements and forwarded it to AAO.

Operative disposition

Appeal rejected as untimely filed.

Final-merits status

not reached

What the AAO decision addressed

Appeal rejected as untimely filed.

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

Membership

not reached

Published material about the person

not reached

Judging the work of others

not reached

Original contributions of major significance

not reached

Scholarly authorship

not reached

Artistic display or showcases

not reached

Leading or critical role

not reached

High salary or remuneration

not reached

Commercial success in the performing arts

not reached

Source holds and limits

["Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.", "No EB-1A criterion state is inferred from a procedural outcome."]

Specific caveats recorded by the reviewer

  • Director findings, petitioner/counsel assertions, and background history are not AAO merits determinations.

  • No EB-1A criterion state is inferred from a procedural outcome.

Source-cited findings recorded in review

  • p. 1, decision date, office and petition heading.

  • p. 2, procedural reasoning and operative ORDER.

How this record may be used in research

Comparison scope: Exclude identity/chronology-held cases. Verified cases may be grouped in a procedural index by distinct mechanism (mootness after adjustment, untimely motion, appeal standing, untimely appeal, summary dismissal); do not collapse these into substantive EB-1A denials.

Editorial use note: Procedural-only source-linked coverage after editorial review; preserve exact disposition.

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

  • 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 NOV252011_03B2203