AAO research

AAO EB-1A decision OCT152024_01B2203: Withdrawal and mootness

AAO EB-1A decision OCT152024_01B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision OCT152024_01B2203: Director’s decision withdrawn; matter remanded for a new decision and final-merits…

Decision summary: The AAO director’s decision withdrawn; matter Remanded for a new decision and final-merits determination. AAO agreed that beneficiary met the high-salary criterion, giving three initial criteria when combined with the two criteria the director had found. This overcame the stated denial basis but did not establish extraordinary ability; director must assess totality/final merits.

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: EB-1A in-scope; initial-evidence merits reviewed; final merits deferred on remand.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT152024_01B2203

Decision date as printed

October 15, 2024

Classification / field stated in source

EB-1A appeal; AAO withdrew the director’s denial and Remanded for a new decision.

Procedural posture

Appeal from Nebraska Service Center denial for failure to meet at least three initial criteria; de novo review.

Operative disposition

Director’s decision withdrawn; matter Remanded for a new decision and final-merits determination.

Final-merits status

Not reached; AAO Remanded for the director to conduct final-merits determination.

What the AAO decision addressed

AAO agreed that beneficiary met the high-salary criterion, giving three initial criteria when combined with the two criteria the director had found. This overcame the stated denial basis but did not establish extraordinary ability; director must assess totality/final merits.

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

met — source PDF

Commercial success in the performing arts

Not reached — source PDF

Source-cited findings recorded in review

  • claim: Cover identifies EB-1A I-140 appeal, Nebraska Service Center, and October 15, 2024; AAO announces de novo review and remand.; pages: 1

  • claim: Director found fewer than three initial criteria; AAO explains the two-step approach and totality/final-merits stage.; pages: 1; 2

  • claim: Director had credited authorship of scholarly articles and leading/critical role; AAO agreed the high-salary criterion was also met based on compensation data compared with field sources.; pages: 2

  • claim: AAO held that reaching three initial criteria does not establish eligibility and Remanded for final-merits determination.; pages: 2

How this record may be used in research

Comparison scope: Eligible for a narrow criterion-specific salary explainer with citations and clear “final merits not reached by AAO” wording.

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

  • Published material about the person research

  • Leading or critical role research

  • Final Merits research

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for OCT152024_01B2203