AAO research
EB-1A withdrawal and mootness — AAO decision OCT152024_01B2203: Director’s decision withdrawn; matter remanded for a new decision and final-merits…
Decision summary: The AAO director’s decision withdrawn; matter Remanded for a new decision and final-merits determination.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Operative disposition | Director’s decision withdrawn; matter Remanded for a new decision and final-merits determination.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
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