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

Criteria claimed: 3, counted: 0; not counted: Awards, Membership, Judging.

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 remandedArts20210 criteria counted

Athletics (Martial Arts)

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 (Martial Arts) (Arts), 2021. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 0 were counted; not counted: Awards, Membership, Judging.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 3 EB-1A criteria claimed, 0 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

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

Awards

Across the appeals base this criterion was argued in 677 cases and counted in 129 (19%). Typical AAO objection: "Awards not nationally/internationally recognized". Counted when the award shows national/international reach: rules, jury makeup, scale of the competition.

RFE breakdown: how to respond Criterion guide BCS Fellowship interview prep guide, Apr 2026 EB-1A green card requirements checklist - extraordinary ability, intent to work, future benefit

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

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

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:

Criterion	In this case	Counted in the field	How objections were answered
Awards	not counted	44 of 236 (19%)	breakdowns for this criterion (7)
Membership	not counted	15 of 126 (12%)	breakdowns for this criterion (6)
Judging	not counted	117 of 162 (72%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The AAO found the Director's initial evidence insufficient to meet three criteria (awards, memberships, judging) and criticized the lack of a thorough final merits determination. The case was remanded for further review and a new decision.

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 March 26, 2021 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 3, counted: 0; not counted: Awards, Membership, Judging.
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: Awards RFE: Membership RFE: Judging

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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Same outcome in other fields

Talent visa for Arts 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.