AAO research

AAO EB-1A decision SEP092008_04B2203: Motions to reopen

AAO EB-1A decision SEP092008_04B2203: Motions to reopen

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

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Primary source

Official USCIS AAO decision PDF for SEP092008_04B2203