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AAO EB-1A decision SEP092021_01B2203: Appeal timeliness

AAO EB-1A decision SEP092021_01B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision SEP092021_01B2203: Motion to reopen and motion to reconsider dismissed as untimely. Review source status…

Decision summary: AAO decision SEP092021_01B2203: Motion to reopen and motion to reconsider dismissed as untimely. No merits or criterion review in the current motions; the appeal disposition is the only prior decision under review (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

SEP092021_01B2203

Decision date as printed

September 9, 2021

Classification / field stated in source

EB-1A extraordinary ability in the arts; petitioner is a stage actor.

Procedural posture

Current combined motion to reopen and reconsider followed a dismissed appeal and an earlier combined motion dismissed as untimely. Petitioner sought excuse for filing the earlier motion one day late because of medical/travel issues and COVID flexibility. The current motion itself arrived 77 days after the AAO appeal decision; AAO found the cited flexibility did not apply to motions in the claimed way and dismissed both motions as untimely.

Operative disposition

Motion to reopen and motion to reconsider dismissed as untimely.

Final-merits status

not reached

What the AAO decision addressed

No merits or criterion review in the current motions; the appeal disposition is the only prior decision under review (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 merits or criterion review in the current motions; the appeal disposition is the only prior decision under review (pp. 1–3). Final merits not reached.

How this record may be used in research

Comparison scope: Do not infer any criterion decision from the earlier petition denial or appeal dismissal.

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

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

  • Performance sector research

  • Final Merits research

  • Untimely research

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Primary source

Official USCIS AAO decision PDF for SEP092021_01B2203