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AAO EB-1A decision OCT272022_02B2203: Withdrawal and mootness

AAO EB-1A decision OCT272022_02B2203: Withdrawal and mootness

EB-1A withdrawal and mootness — AAO decision OCT272022_02B2203: Director’s decision withdrawn; remanded for further consideration and a new decision.…

Decision summary: The AAO director’s decision withdrawn; Remanded for further consideration and a new decision. AAO agreed the record showed the petitioner claimed expertise in multiple fields from the outset and the Director erred in treating the broad articulation as a material change. On remand USCIS must accurately identify the claimed field, seek clarification if needed, then reevaluate eligibility and 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: In scope; verified in source review. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

OCT272022_02B2203

Decision date as printed

October 27, 2022

Classification / field stated in source

EB-1A extraordinary ability; field asserted: science, business, education and executive leadership; AAO found Director improperly narrowed field to electrical engineering/materials science.

Procedural posture

Appeal from Texas Service Center denial; petitioner contested the Director’s narrowed field characterization.

Operative disposition

Director’s decision withdrawn; Remanded for further consideration and a new decision.

Final-merits status

"Not reached; remand on field-definition/adjudication error."

What the AAO decision addressed

AAO agreed the record showed the petitioner claimed expertise in multiple fields from the outset and the Director erred in treating the broad articulation as a material change. On remand USCIS must accurately identify the claimed field, seek clarification if needed, then reevaluate eligibility and 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 coded — source PDF

Membership

Not coded — source PDF

Published material about the person

Not coded — source PDF

Judging the work of others

Not coded — source PDF

Original contributions of major significance

Not coded — source PDF

Scholarly authorship

Not coded — source PDF

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

  • pp. 1–4; field claims p. 2, analysis p. 3, remand instructions/order p. 4.

How this record may be used in research

Comparison scope: Strong procedural comparator for accurately defining a multidisciplinary field of endeavor and avoiding an erroneous “material change” rationale; no substantive eligibility outcome. eligible_for_editorial_review_with_citations

Editorial use note: eligible_for_editorial_review_with_citations

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

  • Entrepreneurship sector research

  • Computing sector research

  • Teaching sector 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 OCT272022_02B2203