remanded O-1A

remanded O-1A Case: Digital Imaging Retouching

📅 Date unknown 👤 Company 📂 Digital Imaging Retouching

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Decision Summary

The appeal was remanded because the director made a clear procedural error. The petitioner specifically requested classification under the O-1A criteria for aliens in science, education, business, or athletics, but the director denied the petition by applying the unrelated criteria for aliens of extraordinary ability in the arts. The AAO stated that the director must adjudicate the petition according to the specific classification requested and had no authority to consider an alternate one.

Criteria Discussed

Receipt Of Major, Internationally Recognized Awards Nationally Or Internationally Recognized Prizes Or Awards Membership In Associations Requiring Outstanding Achievements Published Material About The Alien Judging The Work Of Others Original Scientific, Scholarly, Or Business-Related Contributions Authorship Of Scholarly Articles Critical Or Essential Employment High Salary Or Remuneration Comparable Evidence

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