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appeal sustainedBusiness20246 criteria counted

Economics

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 Economics (Business), 2024. The appeal was appeal sustained, and on the final-merits determination the petitioner met the standard. Of the regulatory criteria, 6 were counted: Membership, Published material about you, Judging, Original contribution, Scholarly authorship, Leading role; not counted: Awards.

What this case shows

Bottom line: the appeal was sustained - a rare outcome in the appeals base. Of the 7 EB-1A criteria claimed, 6 were counted. The petitioner also passed the final-merits totality assessment - both the criteria and the overall extraordinary-ability standard.

EB-1A criteria in this case

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.

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Awardsnot counted3 of 67 (4%)breakdowns for this criterion (7)
Membershipcounted6 of 53 (11%)breakdowns for this criterion (6)
Published material about youcounted35 of 85 (41%)breakdowns for this criterion (7)
Judgingcounted44 of 64 (69%)breakdowns for this criterion (7)
Original contributioncounted6 of 66 (9%)breakdowns for this criterion (7)
Scholarly authorshipcounted34 of 55 (62%)breakdowns for this criterion (6)
Leading rolecounted57 of 91 (63%)breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The Director incorrectly determined the Petitioner did not demonstrate sustained national or international acclaim, focusing on limited time ranges for individual criteria rather than the totality of the evidence demonstrating a career spanning over two decades.

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 November 6, 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: 7, counted: 6 (Membership, Published material about you, Judging, Original contribution, Scholarly authorship, Leading role); not counted: Awards.
How did this appeal end?
The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.
Did the case reach the final-merits stage?
Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

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.