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?

No - the case did not reach final merits: fewer than the required 3 criteria were counted.

appeal dismissedBusiness20231 criteria counted

Business (Gender, Diversity, and Inclusion)

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 (Gender, Diversity, and Inclusion) (Business), 2023. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 1 were counted: Leading role; not counted: Judging, Original contribution, High remuneration.

What this case shows

Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 1 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 counted
Original contributionnot counted
Scholarly authorshipnot claimed
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.

Judging

Across the appeals base this criterion was argued in 659 cases and counted in 491 (75%). Typical AAO objection: "Judging not actually performed / proven". Counted when the judging actually happened: an invitation plus proof you reviewed others’ work.

RFE breakdown: how to respond Criterion guide Exhibit 14: Peer Review of Conference Papers (NIW) EB-2 NIW article review confirmation letter

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
Judging	not counted	44 of 64 (69%)	breakdowns for this criterion (7)
Original contribution	not counted	6 of 66 (9%)	breakdowns for this criterion (7)
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 petitioner failed to meet the initial evidence requirements by demonstrating at least three qualifying criteria under 8 C.F.R. § 204.5(h)(3), specifically regarding judging, original contributions, and high salary. The AAO found the petitioner did not demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field.

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 October 11, 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: 4, counted: 1 (Leading role); not counted: Judging, Original contribution, High remuneration.
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?: 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: Judging 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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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.