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 remandedBusiness20243 criteria counted

Business (Forensic Investigations, Fraud Prevention, Information Security)

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 (Forensic Investigations, Fraud Prevention, Information Security) (Business), 2024. 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, Scholarly authorship, Leading role; not counted: Awards, Original contribution, High remuneration.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 6 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

Awardsnot counted
Membershipnot claimed
Published material about younot claimed
Judgingcounted
Original contributionnot counted
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolecounted
High remunerationnot counted
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

Original contribution

Across the appeals base this criterion was argued in 642 cases and counted in 105 (16%). Typical AAO objection: "Original contribution: impact not shown". Counted when the contribution’s impact is shown: adoption, citation, use by others.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Fact Sheet - STEM Petition Trends: EB-2 NIW and O-1A (FY 2018-2023) BCS Fellowship interview prep guide, Apr 2026

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

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
Awards	not counted	3 of 67 (4%)	breakdowns for this criterion (7)
Judging	counted	44 of 64 (69%)	breakdowns for this criterion (7)
Original contribution	not counted	6 of 66 (9%)	breakdowns for this criterion (7)
Scholarly authorship	counted	34 of 55 (62%)	breakdowns for this criterion (6)
Leading role	counted	57 of 91 (63%)	breakdowns for this criterion (7)
High remuneration	not counted	19 of 65 (29%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The Director's decision lacked a proper final merits determination, failing to analyze the totality of the evidence submitted and provide a sufficient explanation for the denial. The decision did not address evidence related to several criteria the petitioner claimed to meet.

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 June 7, 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: 6, counted: 3 (Judging, Scholarly authorship, Leading role); not counted: Awards, Original contribution, High remuneration.
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: Original contribution 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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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.