dismissed EB-1A Case: Culinary Arts
Decision Summary
The appeal was dismissed because the petitioner filed under the extraordinary ability (EB-1A) category but later argued on appeal that they had mistakenly checked the wrong box and intended to file for a skilled worker. The AAO determined that a petitioner cannot change the requested visa classification after a decision has been made. The director properly adjudicated the petition based on the category selected on the form, and the evidence submitted did not meet the EB-1A requirements.
Criteria Discussed
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