Comics creation and illustration
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 Comics creation and illustration (Other), 2023. 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: Awards, Exhibitions; not counted: Published material about you, Leading role.
What this case shows
Bottom line: the EB-1A denial stands. 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
- Awardscounted
- Membershipnot claimed
- Published material about younot counted
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionscounted
- Leading rolenot counted
- 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.
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.
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.
The Other field in the database: 219 appeals
Outcomes in this field: 3 sustained, 40 remanded, 176 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 | counted | 14 of 103 (14%) | breakdowns for this criterion (7) |
| Published material about you | not counted | 43 of 126 (34%) | breakdowns for this criterion (7) |
| Exhibitions | counted | 9 of 22 (41%) | breakdowns for this criterion (6) |
| Leading role | not counted | 50 of 117 (43%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Other appeals.
From the AAO decision (source, EN)
The petitioner failed to demonstrate satisfaction of at least three of the ten initial evidentiary requirements, specifically regarding nationally/internationally recognized prizes, published material, and a leading/critical role in a distinguished organization. While a nationally recognized award was established, a third criterion was not met.
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 December 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: 2 (Awards, Exhibitions); not counted: Published material about you, Leading role.
- 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: