sustained
EB-1A
sustained EB-1A Case: Unknown
Decision Summary
The AAO initially dismissed the appeal. However, the petitioner challenged the denial in federal court, which granted the petitioner's motion and ordered USCIS to approve the petition. The AAO's decision was therefore withdrawn and the petition was approved pursuant to the court order.
Criteria Discussed
Not specified
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Page 2 DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa petition. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter will now be reopened and the petition will be approved pursuant to court order. The petitioner seeks classification as an "alien of extraordinary ability" pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). The director denied the petition. The AAO dismissed the appeal, upholding the director's finding. The petitioner challenged the denial of the petition in the United States District Court for the Eastern District of Pennsylvania. On July 16, 2008, the court granted the petitioner's motion for partial summary judgment and ordered U.S. Citizenship and Immigration Services to approve the petitioner's Form 1-140 petition. Giilen v. Chertofi et al., No. 07-2148 (E.D. Pa. July 16,2008). Thus, the petition is approved pursuant to the court order. ORDER: The AAO's decision of March 7,2008 is withdrawn; the petition is approved.
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