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 dismissedBusiness20202 criteria counted

Business/Finance

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 Business/Finance (Business), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 2 were counted: Judging, Scholarly authorship; not counted: Membership, Published material about you, Leading role, High remuneration, Comparable evidence.

What this case shows

Bottom line: the EB-1A denial stands. Of the 7 EB-1A criteria claimed, 2 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

Awardsnot claimed
Membershipnot counted
Published material about younot counted
Judgingcounted
Original contributionnot claimed
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolenot counted
High remunerationnot counted
Commercial successnot claimed
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.

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

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.

RFE breakdown: how to respond Criterion guide Evidence benchmarks PR-CY traffic snapshot for news site, Nov 2023 O-1 exhibit sample for a media article

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

High remuneration

Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.

RFE breakdown: how to respond Criterion guide EB-2 NIW RFE Exhibit Index Example Including High-Salary Evidence Checklist - O-1 / EB-1A / EB-2 NIW

Comparable evidence

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

The Business field in the database: 143 appeals

Outcomes in this field: 4 sustained, 33 remanded, 106 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
Membership	not counted	6 of 53 (11%)	breakdowns for this criterion (6)
Published material about you	not counted	35 of 85 (41%)	breakdowns for this criterion (7)
Judging	counted	44 of 64 (69%)	breakdowns for this criterion (7)
Scholarly authorship	counted	34 of 55 (62%)	breakdowns for this criterion (6)
Leading role	not counted	57 of 91 (63%)	breakdowns for this criterion (7)
High remuneration	not counted	19 of 65 (29%)	breakdowns for this criterion (7)
Comparable evidence	not counted	1 of 5 (20%)	-

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

From the AAO decision (source, EN)

The petitioner failed to demonstrate sustained national or international acclaim and that the beneficiary is among the small percentage at the very top of the field of endeavor. Specifically, the evidence regarding membership, published material, leading role, and high salary were found insufficient.

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 May 28, 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: 7, counted: 2 (Judging, Scholarly authorship); not counted: Membership, Published material about you, Leading role, High remuneration, Comparable evidence.
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: Membership RFE: Published material about you RFE: Leading role RFE: High remuneration

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 Business 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.