AAO research

AAO EB-1A decision OCT012013_02B2203: Appeal timeliness

AAO EB-1A decision OCT012013_02B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision OCT012013_02B2203: Appeal rejected as untimely filed. Review source status, procedural posture and the official…

Decision summary: AAO decision OCT012013_02B2203: Appeal rejected as untimely filed. The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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_eb1a_procedural_decision. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT012013_02B2203

Decision date as printed

Not stated in normalized review fields

Classification / field stated in source

Classification not stated in the normalized review fields

Procedural posture

AAO_posture: The Director issued the decision December 19, 2012 and gave 33 days to appeal. The AAO found the appeal was due no later than January 21, 2013, but was not mailed until January 22 and was not properly filed with the required fee until January 23. The untimely appeal was rejected; the Director had concluded the late filing did not meet motion requirements.; citation_pages: 1; 2; classification: Appeal rejected as untimely; director_findings: The Director of the Texas Service Center denied the EB-1A petition; the AAO did not reach the merits.

Operative disposition

{'outcome': 'Appeal rejected as untimely filed.', 'basis': 'The filing was due January 21 but was mailed January 22 and properly filed with the required fee January 23, 2013; the AAO rejected the appeal as untimely.', 'citation_pages': [1, 2]}

Final-merits status

Not reached

What the AAO decision addressed

The review record does not provide a normalized explanation of the disposition. Consult the cited source pages.

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

How this record may be used in research

Comparison scope: {‘fit’: ‘Appeal rejected as untimely’, ‘aggregation_valid’: True, ‘use’: ‘Group only with other late appeal rejections, keeping the notice method, service date, receipt/proper-filing date, and any decision whether to treat a late appeal as a motion distinct for each record.’, ‘do_not_claim’: [‘Do not characterize a procedural dismissal, rejection, or mootness ruling as an AAO merits decision.’, ‘Do not infer individual EB-1A criterion findings from an aggregate Director conclusion.’, ‘Do not mix the EB-2 advanced-degree case into EB-1A criterion comparisons.’, ‘Do not treat a nonprecedent decision as binding authority.’], ‘caveat’: ‘The AAO ruled on filing timeliness, not the underlying EB-1A criteria or final merits.’}

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

Open the official USCIS decision PDF. Page-specific citations were not available in the normalized row.

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

  • Final Merits 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 OCT012013_02B2203