How did this appeal end?

The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.

Did the case reach the final-merits stage?

Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

appeal sustainedScience20215 criteria counted

biophysics and biomedicine

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 biophysics and biomedicine (Science), 2021. The appeal was appeal sustained, and on the final-merits determination the petitioner met the standard. Of the regulatory criteria, 5 were counted: Awards, Published material about you, Original contribution, Scholarly authorship, Commercial success; not counted: Leading role, Comparable evidence.

What this case shows

Bottom line: the appeal was sustained - a rare outcome in the appeals base. Of the 7 EB-1A criteria claimed, 5 were counted. The petitioner also passed the final-merits totality assessment - both the criteria and the overall extraordinary-ability standard.

EB-1A criteria in this case

Awardscounted
Membershipnot claimed
Published material about youcounted
Judgingnot claimed
Original contributioncounted
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolenot counted
High remunerationnot claimed
Commercial successcounted
Comparable evidencenot counted

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.

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

Comparable evidence

Across the appeals base this criterion was argued in 64 cases and counted in 1 (2%).

The Science field in the database: 155 appeals

Outcomes in this field: 7 sustained, 30 remanded, 118 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	4 of 54 (7%)	breakdowns for this criterion (7)
Published material about you	counted	35 of 89 (39%)	breakdowns for this criterion (7)
Original contribution	counted	33 of 123 (27%)	breakdowns for this criterion (7)
Scholarly authorship	counted	121 of 127 (95%)	breakdowns for this criterion (6)
Leading role	not counted	19 of 54 (35%)	breakdowns for this criterion (7)
Commercial success	counted	1 of 2 (50%)	-
Comparable evidence	not counted	0 of 7 (0%)	-

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

From the AAO decision (source, EN)

The initial denial was based on the petitioner not meeting any of the initial evidentiary criteria. The appeal was sustained after a court remanded the case, finding the petitioner met the criteria relating to awards, published materials, original contributions, and scholarly articles.

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 August 27, 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: 7, counted: 5 (Awards, Published material about you, Original contribution, Scholarly authorship, Commercial success); not counted: Leading role, Comparable evidence.
How did this appeal end?: The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.
Did the case reach the final-merits stage?: Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

The criteria not counted here - typical objections and how to respond:

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 Science 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.