Fashion Modeling
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 Fashion Modeling (Beauty), 2020. 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: Exhibitions.
What this case shows
Bottom line: the EB-1A denial stands. Of the 1 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 claimed
- Scholarly authorshipnot claimed
- Exhibitionscounted
- Leading rolenot claimed
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
The Beauty field in the database: 19 appeals
Outcomes in this field: 1 sustained, 4 remanded, 14 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 |
|---|---|---|---|
| Exhibitions | counted | 6 of 9 (67%) | breakdowns for this criterion (6) |
Counted over our base of published AAO decisions; all Beauty appeals.
How to read this case
The formal gate was passed: no claimed criterion is marked "not counted", and the case reached the final-merits totality assessment. That is exactly where it was lost: at this stage the officer looks not at the number of criteria but at whether the evidence as a whole shows sustained national or international acclaim. Across the appeals base, 45% of cases are lost at final merits.
From the AAO decision (source, EN)
The Petitioner failed to identify any erroneous conclusion of law or statement of fact in the Director's decision and did not submit a brief as promised. Additionally, evidence submitted on appeal related to events *after* the petition filing date and did not address the requirement of meeting three evidentiary criteria.
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 February 6, 2020 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 1, counted: 1 (Exhibitions).
- 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.