dismissed
EB-1A
dismissed EB-1A Case: Research
Decision Summary
The appeal was dismissed on procedural grounds because the petitioner attempted to change the visa classification from EB-1A (extraordinary ability) to EB-1B (outstanding researcher) after the initial petition was denied. The AAO ruled that a petitioner cannot make such a material change to a petition at the appellate stage and must file a new petition for the desired classification.
Criteria Discussed
Procedural Bar Against Changing Visa Classification On Appeal Failure To Establish Sustained National Or International Acclaim Failure To Meet At Least Three Of The Ten Regulatory Criteria
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