How did this appeal end?

The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.

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.

All EB-1A appeals

case remandedMarketing20247 criteria counted

Advertising Copywriting

AAO appeal decision on the EB-1A talent visa

Updated: September 10, 2026Author: Alina Kanametova

This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Advertising Copywriting (Marketing), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 7 were counted: Awards, Membership, Published material about you, Judging, Original contribution, Scholarly authorship, Leading role; not counted: Exhibitions.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 8 EB-1A criteria claimed, 7 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
Membershipcounted
Published material about youcounted
Judgingcounted
Original contributioncounted
Scholarly authorshipcounted
Exhibitionsnot counted
Leading rolecounted
High remunerationnot claimed
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.

Exhibitions

Across the appeals base this criterion was argued in 226 cases and counted in 149 (66%). Counts showing work at artistic exhibitions, with venue, dates and proof of participation.

RFE breakdown: how to respond Criterion guide International Portrait Contest Winners 2024: Exhibitions Recommendation Letter Template for an Artist - O-1 / EB-1A (Arts)

The Marketing field in the database: 47 appeals

Outcomes in this field: 1 sustained, 12 remanded, 34 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	3 of 28 (11%)	breakdowns for this criterion (7)
Membership	counted	1 of 19 (5%)	breakdowns for this criterion (6)
Published material about you	counted	10 of 32 (31%)	breakdowns for this criterion (7)
Judging	counted	14 of 22 (64%)	breakdowns for this criterion (7)
Original contribution	counted	4 of 23 (17%)	breakdowns for this criterion (7)
Scholarly authorship	counted	5 of 12 (42%)	breakdowns for this criterion (6)
Exhibitions	not counted	2 of 10 (20%)	breakdowns for this criterion (6)
Leading role	counted	15 of 30 (50%)	breakdowns for this criterion (7)

Counted over our base of published AAO decisions; all Marketing appeals.

From the AAO decision (source, EN)

The Director's decision lacked sufficient analysis and explanation regarding the Petitioner's failure to demonstrate sustained national or international acclaim and being among the small percentage at the very top of the field. The decision was remanded for a new determination with a more thorough analysis.

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 August 20, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 8, counted: 7 (Awards, Membership, Published material about you, Judging, Original contribution, Scholarly authorship, Leading role); not counted: Exhibitions.
How did this appeal end?: The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.
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:

RFE: Exhibitions

Terms in this case:RFE (request for evidence)final merits AAO (appeals office)

All EB-1A appeals O-1 / EB-1A criteria Analyze my case Which visa fits

Similar appeals

Same outcome in other fields

Talent visa for Marketing What is the US talent visa

This is an anonymized public decision of the USCIS Administrative Appeals Office (AAO), shown for reference. Not legal advice and not a guarantee of your own outcome; every case is decided on its own facts.