How often is the “Commercial success” criterion counted?

Of the 81 appeals that argued this criterion, AAO counted it in 9 (11%) and rejected it in 72. Even when it was counted, only 33% of those cases passed the final-merits determination. This is an appeal sample skewed toward denials: the numbers show how AAO assesses the criterion, not visa approval odds.

In which fields is it counted more often?

Most cases arguing this criterion come from: Arts (counted 6 of 53, 11%); Other (counted 0 of 12, 0%); Marketing (counted 0 of 4, 0%). The differences reflect the kinds of evidence typically submitted, not how “easy” a field is.

All EB-1A appeals

EB-1A appeals on “Commercial success”: 81 AAO decisions

81 real anonymized AAO decisions on the EB-1A talent visa in which the petitioner relied on the “Commercial success” criterion: AAO counted it in 9 cases and rejected it in 72. These are appeal lessons (mostly denials), not approval odds: a base for seeing which evidence for this criterion is accepted and which is discarded.

81cases argued it

11%counted when argued

33%passed final merits when counted

By field

Field	Counted	Not counted	%
Arts	6	47	11%
Other	0	12	0%
Marketing	0	4	0%
Beauty	0	3	0%
IT	1	2	33%
Business	1	1	50%
Science	1	1	50%
Engineering	0	1	0%
Sports	0	1	0%

What the decisions show

Counts commercial success in the performing arts with numbers: box office, sales, charts.

Counted (9)

Newest first. A counted criterion does not mean approval - check the case outcome.

Not counted (72)

Newest first. The most useful part of the archive: exactly why AAO discarded the evidence.

12 more cases are not listed here - all of them are reachable through the field archives.

FAQ

How often is the “Commercial success” criterion counted?: Of the 81 appeals that argued this criterion, AAO counted it in 9 (11%) and rejected it in 72. Even when it was counted, only 33% of those cases passed the final-merits determination. This is an appeal sample skewed toward denials: the numbers show how AAO assesses the criterion, not visa approval odds.
In which fields is it counted more often?: Most cases arguing this criterion come from: Arts (counted 6 of 53, 11%); Other (counted 0 of 12, 0%); Marketing (counted 0 of 4, 0%). The differences reflect the kinds of evidence typically submitted, not how “easy” a field is.

The “Commercial success” criterion: what to prove What is the US talent visa

Other criteria

Awards Membership Published material about you Judging Original contribution Scholarly authorship Exhibitions Leading role High remuneration Comparable evidence

Decisions by field

Based on: 1,242 AAO EB-1A appeal decisions · issued Jan 2020 - Feb 2025 · USCIS: AAO non-precedent decisions · all decisions

Sources

Public anonymized AAO decisions. Reference information, not legal advice; the appeal sample skews toward denials and does not reflect approval odds.