Business (Distributor of natural hair cosmetic products)
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 Business (Distributor of natural hair cosmetic products) (Beauty), 2024. 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.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 0 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 claimed
- Membershipnot claimed
- Published material about younot claimed
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionsnot claimed
- Leading rolenot claimed
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
How to read this case
The record of this case has no criterion marked "not counted", yet it never reached the final-merits stage. That happens when the dispute was resolved another way - for example, the case was sent back to the officer - and the AAO did not record a verdict on each criterion. Use the decision excerpt and the similar cases below.
From the AAO decision (source, EN)
Initial denial was due to insufficient evidence establishing a qualifying relationship (parent-subsidiary) between the U.S. petitioner and the beneficiary's foreign employer. The AAO found the initial RFE inadequate and remanded for a new decision after considering supplemental evidence. However, the matter was remanded again due to the petitioner's forfeited business status in Texas and the need to demonstrate ongoing ability to pay the proffered wage.
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 22, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 0, counted: 0.
- 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.