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case remandedBeauty20233 criteria counted

Biomolecular computational modeling

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 Biomolecular computational modeling (Beauty), 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: Judging, Original contribution, Scholarly authorship; not counted: Published material about you, Leading role.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 5 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.

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.

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.

The Beauty field in the database: 19 appeals

Outcomes in this field: 1 sustained, 4 remanded, 14 dismissed. How the AAO ruled in this field on the criteria argued in this case:

CriterionIn this caseCounted in the fieldHow objections were answered
Published material about younot counted2 of 14 (14%)breakdowns for this criterion (7)
Judgingcounted7 of 13 (54%)breakdowns for this criterion (7)
Original contributioncounted1 of 5 (20%)breakdowns for this criterion (7)
Scholarly authorshipcounted1 of 3 (33%)breakdowns for this criterion (6)
Leading rolenot counted0 of 8 (0%)breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The initial decision found insufficient evidence of sustained national or international acclaim and being in the top of the field. The AAO agreed that the initial decision was flawed, specifically regarding the assessment of published material and original contributions, and remanded the case for a new decision considering the totality of the evidence.

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 3, 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: 5, counted: 3 (Judging, Original contribution, Scholarly authorship); not counted: Published material about you, Leading role.
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

Similar appeals

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.