AAO research

AAO EB-1A decision SEP012023_01B2203: Motions to reopen

AAO EB-1A decision SEP012023_01B2203: Motions to reopen

EB-1A motions to reopen — AAO decision SEP012023_01B2203: Motion to reconsider dismissed. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision SEP012023_01B2203: Motion to reconsider dismissed. No new criterion finding in the motion. The earlier proceeding found fewer than three criteria; current submission did not establish new facts or error in the prior motion disposition (pp. 1–3). Final merits not reached.

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

SEP012023_01B2203

Decision date as printed

September 1, 2023

Classification / field stated in source

EB-1A extraordinary ability in science; petitioner is a sound engineer and technical director.

Procedural posture

Current motion to reconsider follows prior appeal and multiple motions. AAO limited review to its most recent prior motion dismissal and found the petitioner did not establish new facts supporting reopening or show an incorrect application of law/policy. Evidence about membership in the Russian Music Union had been available and the petitioner had not previously claimed that criterion; arguments repeating older claims did not show error. Motion dismissed.

Operative disposition

Motion to reconsider dismissed.

Final-merits status

not reached

What the AAO decision addressed

No new criterion finding in the motion. The earlier proceeding found fewer than three criteria; current submission did not establish new facts or error in the prior motion disposition (pp. 1–3). Final merits not reached.

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 considered

Membership

not considered

Published material about the person

not considered

Judging the work of others

not considered

Original contributions of major significance

not considered

Scholarly authorship

not considered

Artistic display or showcases

not considered

Leading or critical role

not considered

High salary or remuneration

not considered

Commercial success in the performing arts

not considered

Source-cited findings recorded in review

  • No new criterion finding in the motion. The earlier proceeding found fewer than three criteria; current submission did not establish new facts or error in the prior motion disposition (pp. 1–3). Final merits not reached.

How this record may be used in research

Comparison scope: Do not treat the membership documentation as a finding that membership was met.

Editorial use note: Eligible for carefully scoped, citation-rich content; identify exact procedural posture and nonprecedent status.

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

  • Computing sector research

  • Final Merits research

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

Primary source

Official USCIS AAO decision PDF for SEP012023_01B2203