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 dismissedIT20213 criteria counted

Computer Hardware and Software Development / Mechanical Engineering

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 Computer Hardware and Software Development / Mechanical Engineering (IT), 2021. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Scholarly authorship, Leading role, High remuneration; not counted: Original contribution.

What this case shows

Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 3 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 claimed
Published material about younot claimed
Judgingnot claimed
Original contributionnot counted
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolecounted
High remunerationcounted
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.

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

The IT field in the database: 69 appeals

Outcomes in this field: 1 sustained, 11 remanded, 57 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
Original contribution	not counted	11 of 55 (20%)	breakdowns for this criterion (7)
Scholarly authorship	counted	43 of 55 (78%)	breakdowns for this criterion (6)
Leading role	counted	22 of 41 (54%)	breakdowns for this criterion (7)
High remuneration	counted	18 of 36 (50%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The petition failed to demonstrate sustained national or international acclaim, or that the beneficiary was among the small percentage at the very top of the field. While the beneficiary met the initial evidence requirements (scholarly articles, leading role, high salary), the evidence did not establish extraordinary ability as defined by the regulations.

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 April 21, 2021 (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: 3 (Scholarly authorship, Leading role, High remuneration); not counted: Original contribution.
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: Original contribution

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

Similar appeals

Same outcome in other fields

Talent visa for IT 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.