AAO research
EB-1A appeal disposition — AAO decision SEP082009_03B2203: Appeal dismissed (see cited pages). Review source status, procedural posture and the official…
Decision summary: AAO decision SEP082009_03B2203: Appeal dismissed (see cited pages). The decision expressly concerns INA §203(b)(2), advanced-degree classification and the national-interest waiver, not EB-1A extraordinary ability. (pp. 1–2, 8).
Scope note: The source review classified this record as outside EB-1A merits scope. It is retained for corpus provenance and must not be used as an EB-1A criterion or eligibility example.
Scope classification from review: out_of_scope_non_EB1A. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | SEP082009_03B2203 |
|---|---|
Decision date as printed | September 8, 2009 |
Classification / field stated in source | Postdoctoral fellow in molecular biology / DNase research. |
Procedural posture | Appeal of denial of an EB-2 advanced-degree petition with a request for a national interest waiver; appeal dismissed. |
Operative disposition | Appeal dismissed (see cited pages). |
Final-merits status | Not applicable; this is not an EB-1A decision. |
What the AAO decision addressed
The decision expressly concerns INA §203(b)(2), advanced-degree classification and the national-interest waiver, not EB-1A extraordinary ability. (pp. 1–2, 8)
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 holds and limits
["out_of_scope_non_EB1A"]
Source-cited findings recorded in review
(pp. 1–2, 8)
How this record may be used in research
Comparison scope: Out of scope for EB-1A criteria aggregation. Could only be listed separately in an EB-2 NIW resource, if that is within site scope. Do not publish as an EB-1A decision or include in EB-1A criterion comparisons.
Editorial use note: Do not publish as an EB-1A decision or include in EB-1A criterion comparisons.
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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