Which EB-1A criteria were counted in this case?

Criteria claimed: 4, counted: 3 (Awards, Published material about you, Leading role); not counted: Membership.

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 remandedSports20233 criteria counted

Athletics (Competitive Swimming)

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 Athletics (Competitive Swimming) (Sports), 2023. 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: Awards, Published material about you, Leading role; not counted: Membership.

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, 3 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

Awardscounted
Membershipnot counted
Published material about youcounted
Judgingnot claimed
Original contributionnot claimed
Scholarly authorshipnot claimed
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.

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.

RFE breakdown: how to respond Criterion guide BCS Fellowship interview prep guide, Apr 2026 Approved EB-1 evidence set for real estate development

The Sports field in the database: 133 appeals

Outcomes in this field: 3 sustained, 17 remanded, 113 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	52 of 105 (50%)	breakdowns for this criterion (7)
Membership	not counted	18 of 94 (19%)	breakdowns for this criterion (6)
Published material about you	counted	30 of 102 (29%)	breakdowns for this criterion (7)
Leading role	counted	21 of 68 (31%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The initial denial was based on failing to meet the evidentiary requirements through a one-time achievement or at least three criteria. The AAO found the initial assessment of the 'leading or critical role' criterion to be incorrect and determined the petitioner met at least three criteria, necessitating a final merits review.

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 April 14, 2023 (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: 3 (Awards, Published material about you, Leading role); not counted: Membership.
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: Membership

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

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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.