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.

appeal dismissedSports20203 criteria counted

Athletics (Gymnastics)

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 (Gymnastics) (Sports), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Awards, Membership, Published material about you; not counted: Judging, Leading role.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 EB-1A criteria claimed, 3 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
Judgingnot counted
Original contributionnot claimed
Scholarly authorshipnot claimed
Exhibitionsnot claimed
Leading rolenot counted
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.

Judging

Across the appeals base this criterion was argued in 659 cases and counted in 491 (75%). Typical AAO objection: "Judging not actually performed / proven". Counted when the judging actually happened: an invitation plus proof you reviewed others’ work.

RFE breakdown: how to respond Criterion guide Exhibit 14: Peer Review of Conference Papers (NIW) EB-2 NIW article review confirmation letter

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.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Policy Memo PM-602-0005.1 - Evidence Evaluation Methodology for I-140 Petitions (Auto-Translated) 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	counted	18 of 94 (19%)	breakdowns for this criterion (6)
Published material about you	counted	30 of 102 (29%)	breakdowns for this criterion (7)
Judging	not counted	32 of 62 (52%)	breakdowns for this criterion (7)
Leading role	not 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 petitioner has not demonstrated sustained national or international acclaim and that she is among the small percentage at the very top of her field of endeavor, even during the height of her competitive career. The evidence shows regional recognition and a period of national acclaim, but not the level required for the EB-1A classification.

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 8, 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: 5, counted: 3 (Awards, Membership, Published material about you); not counted: Judging, Leading role.
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:

RFE: Judging RFE: Leading role

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 Sports 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.