AAO research
EB-1A judging the work of others — AAO decision OCT202023_01B2203: Remanded for a new decision. Review source status, procedural posture and the official…
Decision summary: AAO decision OCT202023_01B2203: Remanded for a new decision. Judging and scholarly authorship were previously established; a 2016 Nature Communications paper on prodrug-based NLG919 was found original and of major significance, overcoming the revocation ground. The director must decide final merits on remand.
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: Verified source is an AAO EB-1A extraordinary-ability proceeding.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | OCT202023_01B2203 |
|---|---|
Decision date as printed | October 20, 2023 |
Classification / field stated in source | EB-1A extraordinary-ability petition appeal |
Procedural posture | EB-1A revocation appeal; AAO withdrew revocation and Remanded for a new final-merits determination after three criteria were met. |
Operative disposition | Remanded for a new decision |
Final-merits status | Three initial criteria were met; formal final merits remains for the Director on remand. The NCI funding discrepancy also requires resolution. |
What the AAO decision addressed
Judging and scholarly authorship were previously established; a 2016 Nature Communications paper on prodrug-based NLG919 was found original and of major significance, overcoming the revocation ground. The director must decide final merits on remand.
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 coded — source PDF |
Membership | Not coded — source PDF |
Published material about the person | Not coded — source PDF |
Judging the work of others | |
Original contributions of major significance | |
Scholarly authorship | |
Artistic display or showcases | Not coded — source PDF |
Leading or critical role | Not coded — source PDF |
High salary or remuneration | Not coded — source PDF |
Commercial success in the performing arts | Not coded — source PDF |
Source-cited findings recorded in review
claim: The petitioner was a biomedical researcher in pharmacology; the approved petition was later revoked after an NOIR disputed original contributions.; pages: 1; 2; 3
claim: AAO found the NOIR/revocation procedure proper based on the insufficient record at approval, but accepted additional evidence on appeal that resolved the contribution issue.; pages: 3; 4
claim: The petitioner’s equal-first-author 2016 Nature Communications paper described a prodrug-based NLG919 molecule; expert letters, sample citations, notable citation record, and proposal data supported major significance.; pages: 5; 6
claim: Judging and scholarly-authorship criteria were established; original contributions was met on appeal, bringing the total to three.; pages: 2; 3; 5; 6
claim: The record contained an unresolved claim that the petitioner received NCI grant funding even though the grant proposal did not list her; AAO directed the director to address discrepancy on remand.; pages: 6; 7
claim: AAO withdrew the Director’s decision and Remanded for the Director to conduct final merits; no final eligibility determination was made.; pages: 6
How this record may be used in research
Comparison scope: Eligible for individual case discussion
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.
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