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Architecture and Urban Design

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 Architecture and Urban Design (Arts), 2025. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Judging, Scholarly authorship, High remuneration; not counted: Membership, Leading role, Commercial success, Comparable evidence.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 7 EB-1A criteria claimed, 3 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

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.

Commercial success

Across the appeals base this criterion was argued in 81 cases and counted in 9 (11%). Counts commercial success in the performing arts with numbers: box office, sales, charts.

Comparable evidence

Across the appeals base this criterion was argued in 64 cases and counted in 1 (2%).

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Membershipnot counted15 of 126 (12%)breakdowns for this criterion (6)
Judgingcounted117 of 162 (72%)breakdowns for this criterion (7)
Scholarly authorshipcounted17 of 41 (41%)breakdowns for this criterion (6)
Leading rolenot counted45 of 161 (28%)breakdowns for this criterion (7)
High remunerationcounted11 of 80 (14%)breakdowns for this criterion (7)
Commercial successnot counted6 of 53 (11%)-
Comparable evidencenot counted0 of 17 (0%)-

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

From the AAO decision (source, EN)

The initial denial was based on the petitioner not meeting at least three of the regulatory criteria. The AAO found the petitioner met three criteria (judging, scholarly articles, and high salary) and remanded the case for a final merits determination to assess sustained national or international acclaim.

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 February 5, 2025 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?
Criteria claimed: 7, counted: 3 (Judging, Scholarly authorship, High remuneration); not counted: Membership, Leading role, Commercial success, Comparable evidence.
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?
No - the case did not reach final merits: fewer than the required 3 criteria were counted.

The criteria not counted here - typical objections and how to respond:

Related

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Same outcome in other fields

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.