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.

All EB-1A appeals

case remandedIT20241 criteria counted

artificial intelligence/machine learning (AI/ML)

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 artificial intelligence/machine learning (AI/ML) (IT), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 1 were counted: Leading role; not counted: Published material about you, Original contribution, Scholarly authorship.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 4 EB-1A criteria claimed, 1 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

Awardsnot claimed
Membershipnot claimed
Published material about younot counted
Judgingnot claimed
Original contributionnot counted
Scholarly authorshipnot counted
Exhibitionsnot claimed
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.

Published material about you

Across the appeals base this criterion was argued in 793 cases and counted in 286 (36%). Typical AAO objections: "Outlet not shown to be major media"; "Published material not ABOUT the person". Counts coverage specifically ABOUT YOU in independent major or trade outlets, with publication details.

RFE breakdown: how to respond Criterion guide Evidence benchmarks PR-CY traffic snapshot for news site, Nov 2023 O-1 exhibit sample for a media article

Original contribution

Across the appeals base this criterion was argued in 642 cases and counted in 105 (16%). Typical AAO objection: "Original contribution: impact not shown". Counted when the contribution’s impact is shown: adoption, citation, use by others.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Fact Sheet - STEM Petition Trends: EB-2 NIW and O-1A (FY 2018-2023) BCS Fellowship interview prep guide, Apr 2026

Scholarly authorship

Across the appeals base this criterion was argued in 473 cases and counted in 360 (76%). Typical AAO objection: "Published material not ABOUT the person". Counts scholarly articles in field-specific journals, backed by significance (citations).

RFE breakdown: how to respond Criterion guide Evidence benchmarks EB-2 NIW exhibit letter requesting publication Exhibit 12.1: Elsevier Book Series Page - Authorship Evidence (NIW)

The IT field in the database: 69 appeals

Outcomes in this field: 1 sustained, 11 remanded, 57 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
Published material about you	not counted	17 of 45 (38%)	breakdowns for this criterion (7)
Original contribution	not counted	11 of 55 (20%)	breakdowns for this criterion (7)
Scholarly authorship	not counted	43 of 55 (78%)	breakdowns for this criterion (6)
Leading role	counted	22 of 41 (54%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The petitioner's published materials and evidence of original contributions are not in the field of AI/ML, which is the claimed field of extraordinary ability. The AAO is remanding the case for the director to issue a new decision consistent with this 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 January 23, 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: 4, counted: 1 (Leading role); not counted: Published material about you, Original contribution, Scholarly authorship.
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:

RFE: Published material about you RFE: Original contribution RFE: Scholarly authorship

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

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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.