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.

appeal dismissedMarketing20202 criteria counted

Hospitality and culinary branding

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 Hospitality and culinary branding (Marketing), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 2 were counted: Leading role, High remuneration; not counted: Published material about you, Original contribution.

What this case shows

Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 2 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 counted
Judgingnot claimed
Original contributionnot counted
Scholarly authorshipnot claimed
Exhibitionsnot claimed
Leading rolecounted
High remunerationcounted
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.

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

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.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Fact Sheet - STEM Petition Trends: EB-2 NIW and O-1A (FY 2018-2023) BCS Fellowship interview prep guide, Apr 2026

The Marketing field in the database: 47 appeals

Outcomes in this field: 1 sustained, 12 remanded, 34 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
Published material about you	not counted	10 of 32 (31%)	breakdowns for this criterion (7)
Original contribution	not counted	4 of 23 (17%)	breakdowns for this criterion (7)
Leading role	counted	15 of 30 (50%)	breakdowns for this criterion (7)
High remuneration	counted	4 of 21 (19%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The petitioner failed to meet the evidentiary requirements, specifically demonstrating sustained national or international acclaim and being among the small percentage at the very top of the field. The AAO found the petitioner only met two of the ten evidentiary criteria, and the submitted evidence did not demonstrate original contributions of major significance in the field.

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 28, 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: 4, counted: 2 (Leading role, High remuneration); not counted: Published material about you, Original contribution.
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:

RFE: Published material about you RFE: Original contribution

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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Same outcome in other fields

Talent visa for Marketing What is the US talent visa

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.