AAO research

AAO EB-1A decision OCT022009_05B2203: Appeal disposition

AAO EB-1A decision OCT022009_05B2203: Appeal disposition

EB-1A appeal disposition — AAO decision OCT022009_05B2203: Appeal rejected as improperly filed. Review source status, procedural posture and the official…

Decision summary: AAO decision OCT022009_05B2203: Appeal rejected as improperly filed. Appeal was not filed by petitioner, authorized representative, or another entity with legal standing; filer was a consultant without established authority.

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

OCT022009_05B2203

Decision date as printed

October 2, 2009

Classification / field stated in source

EB-1A extraordinary ability under INA section 203(b)(1)(A).

Procedural posture

Texas Service Center denied for lack of sustained acclaim. Appeal was filed by a consultant who submitted Form G-28 and claimed accredited-representative status. AAO advised the filer he was not listed as an attorney or accredited representative of a BIA-recognized organization; after more than three months no response was received.

Operative disposition

Appeal rejected as improperly filed.

Final-merits status

not reached

What the AAO decision addressed

Appeal was not filed by petitioner, authorized representative, or another entity with legal standing; filer was a consultant without established authority.

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

["Underlying eligibility and criterion evidence were not adjudicated by AAO in this decision."]

Specific caveats recorded by the reviewer

  • Underlying eligibility and criterion evidence were not adjudicated by AAO in this decision.

Source-cited findings recorded in review

  • p. 1 identifies date, Texas Service Center, and EB-1A petition.

  • p. 2 describes claimed representative status, notice and nonresponse, standing rule, and order rejecting appeal.

How this record may be used in research

Comparison scope: Group only in a clearly labeled procedural collection by mechanism: (1) late appeals rejected with no motion treatment; (2) late appeals returned for motion consideration; (3) summary dismissal for nonspecific appeal/no supplement; (4) abandonment after missed NOID response; (5) representative/jurisdiction/classification filing defects; and (6) motions denied/dismissed for failure to meet motion standards. Do not combine these procedural outcomes as substantive EB-1A criterion outcomes.

Editorial use note: May be summarized only as a source-cited procedural record; no criterion-specific summary or outcome implied.

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

  • Summary Dismissal research

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

Primary source

Official USCIS AAO decision PDF for OCT022009_05B2203