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 dismissedEngineering20213 criteria counted

Industrial Engineer

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 Industrial Engineer (Engineering), 2021. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Awards, Published material about you, Leading role; not counted: Original contribution, High remuneration.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 EB-1A criteria claimed, 3 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

Awardscounted
Membershipnot claimed
Published material about youcounted
Judgingnot claimed
Original contributionnot counted
Scholarly authorshipnot claimed
Exhibitionsnot claimed
Leading rolecounted
High remunerationnot counted
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.

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

High remuneration

Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.

RFE breakdown: how to respond Criterion guide EB-2 NIW RFE Exhibit Index Example Including High-Salary Evidence Checklist - O-1 / EB-1A / EB-2 NIW

The Engineering field in the database: 94 appeals

Outcomes in this field: 1 sustained, 19 remanded, 74 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	counted	5 of 40 (13%)	breakdowns for this criterion (7)
Published material about you	counted	22 of 48 (46%)	breakdowns for this criterion (7)
Original contribution	not counted	18 of 67 (27%)	breakdowns for this criterion (7)
Leading role	counted	24 of 45 (53%)	breakdowns for this criterion (7)
High remuneration	not counted	9 of 23 (39%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The Petitioner has not demonstrated sustained national or international acclaim and is not among the small percentage at the very top of the field of endeavor. Specifically, the evidence regarding original contributions, salary, and overall acclaim was insufficient to meet the high standard required for this visa classification.

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 March 3, 2021 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 5, counted: 3 (Awards, Published material about you, Leading role); not counted: Original contribution, High remuneration.
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: Original contribution RFE: High remuneration

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 Engineering 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.