Acrobatic Performing
AAO appeal decision on the EB-1A talent visa
Updated: Author: Alina Kanametova
This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Acrobatic Performing (Arts), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 1 were counted: Awards; not counted: Membership, Leading role, High remuneration.
What this case shows
Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 1 were counted. The criteria were enough to reach final merits, but on the totality of the evidence the petitioner fell short of the extraordinary-ability standard - 3+ criteria alone do not guarantee approval.
EB-1A criteria in this case
- Awardscounted
- Membershipnot counted
- Published material about younot claimed
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionsnot claimed
- Leading rolenot counted
- High remunerationnot counted
- Commercial successnot claimed
- Comparable evidencenot claimed
Why these criteria usually go uncounted
The through-line of the appeals base: in 81% of decisions the AAO names the same problem - assertions not backed by sufficient evidence - and 45% of cases are lost at the final-merits totality assessment. Below is how each criterion not counted here fares across the whole base.
Membership
Across the appeals base this criterion was argued in 496 cases and counted in 58 (12%). Typical AAO objection: "Membership does not require outstanding achievement". Counted when membership requires outstanding achievement judged by experts, not just a fee.
Leading role
Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.
High remuneration
Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.
The Arts field in the database: 343 appeals
Outcomes in this field: 12 sustained, 52 remanded, 279 dismissed. How the AAO ruled in this field on the criteria argued in this case:
| Criterion | In this case | Counted in the field | How objections were answered |
|---|---|---|---|
| Awards | counted | 44 of 236 (19%) | breakdowns for this criterion (7) |
| Membership | not counted | 15 of 126 (12%) | breakdowns for this criterion (6) |
| Leading role | not counted | 45 of 161 (28%) | breakdowns for this criterion (7) |
| High remuneration | not counted | 11 of 80 (14%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Arts appeals.
From the AAO decision (source, EN)
The petitioner failed to establish a major, internationally recognized award or meet at least three of the alternate criteria for extraordinary ability. Specifically, issues were found with the assessment of the World Games medal as a qualifying achievement, the evidence of membership in a qualifying association, and the demonstration of a high salary relative to others in the field.
The quote summarizes a fragment of the decision; the table above reflects the FINAL status of the criteria across all stages of the case (including ones conceded before the appeal), so the wording may not match one-to-one.
Full AAO decision of December 31, 2020 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 4, counted: 1 (Awards); not counted: Membership, Leading role, High remuneration.
- How did this appeal end?
- The appeal was dismissed - the denial stands. Most EB-1A AAO appeals end this way (~80% of our base).
- Did the case reach the final-merits stage?
- Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.
The criteria not counted here - typical objections and how to respond: