AAO research
EB-1A motions to reopen — AAO decision SEP092008_04B2203: Appeal dismissed. Review source status, procedural posture and the official USCIS PDF.
Decision summary: The AAO Appeal dismissed AAO held the requested classification could not be changed after adjudication; petition remained denied as filed under EB-1A.
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: Petitioning construction company sought to employ beneficiary permanently as a mason; attorney acknowledged EB-1A box was checked in error and requested EB-3 reclassification after adjudication. AAO refused material post-adjudication change.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | SEP092008_04B2203 |
|---|---|
Decision date as printed | 2008-09-09 (filename ID date; cover date line not visible in extraction) |
Classification / field stated in source | The petition was filed as EB-1A, but underlying job offer is for a mason and appeal sought an EB-3 skilled-worker reclassification |
Procedural posture | AAO reopened its prior remand, affirmed denial under the classification actually selected, and dismissed appeal; petitioner asked to change category after adjudication. |
Operative disposition | Appeal dismissed |
Final-merits status | The appeal is resolved on classification/material-change grounds and does not evaluate EB-1A evidentiary criteria in substance. |
What the AAO decision addressed
AAO held the requested classification could not be changed after adjudication; petition remained denied as filed under EB-1A.
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 — source PDF |
Membership | Not considered — source PDF |
Published material about the person | Not considered — source PDF |
Judging the work of others | Not considered — source PDF |
Original contributions of major significance | Not considered — source PDF |
Scholarly authorship | Not considered — source PDF |
Artistic display or showcases | Not considered — source PDF |
Leading or critical role | Not considered — source PDF |
High salary or remuneration | Not considered — source PDF |
Commercial success in the performing arts | Not considered — source PDF |
Source-cited findings recorded in review
claim: The construction-company petitioner sought permanent employment of the beneficiary as a mason; Form I-140 checked the EB-1A classification box.; pages: 2; 4
claim: AAO had earlier Remanded under EB-3 in error, then reopened the matter and proposed affirming denial under the category actually selected.; pages: 2
claim: Counsel admitted the checkbox was selected erroneously and requested EB-3 skilled-worker treatment after denial; AAO treated that as an impermissible material change.; pages: 4; 5
claim: The petition was accompanied by labor certification and related documents, but the employer could not convert the adjudicated petition to a new classification on appeal.; pages: 4; 5
claim: AAO said the record did not establish EB-1A eligibility but did not conduct a criterion-by-criterion review; appeal dismissed and petition remained denied.; pages: 8
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.
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
Other Named Professions sector research
Final Merits research
Remand research
Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.