How did this appeal end?

The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.

Did the case reach the final-merits stage?

No - the case did not reach final merits: fewer than the required 3 criteria were counted.

All EB-1A appeals

case remandedBusiness20252 criteria counted

Financial Technology/Entrepreneurship

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 Financial Technology/Entrepreneurship (Business), 2025. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 2 were counted: Leading role, Comparable evidence; not counted: Awards, Membership, Published material about you, Scholarly authorship.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 6 EB-1A criteria claimed, 2 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

Awardsnot counted
Membershipnot counted
Published material about younot counted
Judgingnot claimed
Original contributionnot claimed
Scholarly authorshipnot counted
Exhibitionsnot claimed
Leading rolecounted
High remunerationnot claimed
Commercial successnot claimed
Comparable evidencecounted

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.

RFE breakdown: how to respond Criterion guide BCS Fellowship interview prep guide, Apr 2026 EB-1A green card requirements checklist - extraordinary ability, intent to work, future benefit

Membership

Across the appeals base this criterion was argued in 496 cases and counted in 58 (12%). Typical AAO objection: "Membership does not require outstanding achievement". Counted when membership requires outstanding achievement judged by experts, not just a fee.

RFE breakdown: how to respond Criterion guide BCS Fellowship interview prep guide, Apr 2026 Approved EB-1 evidence set for real estate development

Published material about you

Across the appeals base this criterion was argued in 793 cases and counted in 286 (36%). Typical AAO objections: "Outlet not shown to be major media"; "Published material not ABOUT the person". Counts coverage specifically ABOUT YOU in independent major or trade outlets, with publication details.

RFE breakdown: how to respond Criterion guide Evidence benchmarks PR-CY traffic snapshot for news site, Nov 2023 O-1 exhibit sample for a media article

Scholarly authorship

Across the appeals base this criterion was argued in 473 cases and counted in 360 (76%). Typical AAO objection: "Published material not ABOUT the person". Counts scholarly articles in field-specific journals, backed by significance (citations).

RFE breakdown: how to respond Criterion guide Evidence benchmarks EB-2 NIW exhibit letter requesting publication Exhibit 12.1: Elsevier Book Series Page - Authorship Evidence (NIW)

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
Awards	not counted	3 of 67 (4%)	breakdowns for this criterion (7)
Membership	not counted	6 of 53 (11%)	breakdowns for this criterion (6)
Published material about you	not counted	35 of 85 (41%)	breakdowns for this criterion (7)
Scholarly authorship	not counted	34 of 55 (62%)	breakdowns for this criterion (6)
Leading role	counted	57 of 91 (63%)	breakdowns for this criterion (7)
Comparable evidence	counted	1 of 5 (20%)	-

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

From the AAO decision (source, EN)

The initial denial was based on the petitioner not meeting at least three of the regulatory criteria. The AAO found that comparable evidence relating to presentations at trade shows satisfied the 'scholarly articles' criterion, bringing the petition into compliance for a final merits determination.

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 January 3, 2025 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 6, counted: 2 (Leading role, Comparable evidence); not counted: Awards, Membership, Published material about you, Scholarly authorship.
How did this appeal end?: The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.
Did the case reach the final-merits stage?: No - the case did not reach final merits: fewer than the required 3 criteria were counted.

The criteria not counted here - typical objections and how to respond:

RFE: Awards RFE: Membership RFE: Published material about you RFE: Scholarly authorship

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

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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.