Skip to content
All EB-1A appeals
case remandedScience20242 criteria counted

Carbohydrate Chemistry Research Science

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 Carbohydrate Chemistry Research Science (Science), 2024. The appeal was case remanded, 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: Awards, Original contribution.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 4 EB-1A criteria claimed, 2 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 rolenot claimed
  • High remunerationnot claimed
  • 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.

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.

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Awardsnot counted4 of 54 (7%)breakdowns for this criterion (7)
Judgingcounted105 of 117 (90%)breakdowns for this criterion (7)
Original contributionnot counted33 of 123 (27%)breakdowns for this criterion (7)
Scholarly authorshipcounted121 of 127 (95%)breakdowns for this criterion (6)

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

From the AAO decision (source, EN)

The Director failed to properly assess evidence related to a lesser nationally/internationally recognized prize and did not adequately explain why the evidence submitted for original scientific contributions was insufficient. The decision is remanded for a new assessment.

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, 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: 4, counted: 2 (Judging, Scholarly authorship); not counted: Awards, Original contribution.
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:

Related

Similar appeals

Same outcome in other fields

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.