Consulting/Fundraising/Project Management
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 Consulting/Fundraising/Project Management (Business), 2021. 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: Original contribution, High remuneration.
What this case shows
Bottom line: the EB-1A denial stands. Of the 3 EB-1A criteria claimed, 1 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 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.
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.
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.
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 |
|---|---|---|---|
| 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 demonstrate that his contributions were of 'major significance' in his field, failed to demonstrate a high salary relative to others in the field, and did not meet the required evidentiary threshold for extraordinary ability. The appeal was dismissed because the petitioner did not meet at least three of the ten criteria for the EB-1 classification.
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 March 26, 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: 3, counted: 1 (Leading role); not counted: 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?
- 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: