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 dismissedIT20202 criteria counted

Law (specifically, Data Science/Statistics related to the Beneficiary's work)

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 Law (specifically, Data Science/Statistics related to the Beneficiary's work) (IT), 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: Judging, Scholarly authorship; not counted: Original contribution, Leading role, High remuneration.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 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 claimed
Judgingcounted
Original contributionnot counted
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolenot counted
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

Leading role

Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Policy Memo PM-602-0005.1 - Evidence Evaluation Methodology for I-140 Petitions (Auto-Translated) Approved EB-1 evidence set for real estate development

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 IT field in the database: 69 appeals

Outcomes in this field: 1 sustained, 11 remanded, 57 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
Judging	counted	37 of 46 (80%)	breakdowns for this criterion (7)
Original contribution	not counted	11 of 55 (20%)	breakdowns for this criterion (7)
Scholarly authorship	counted	43 of 55 (78%)	breakdowns for this criterion (6)
Leading role	not counted	22 of 41 (54%)	breakdowns for this criterion (7)
High remuneration	not counted	18 of 36 (50%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The petitioner failed to demonstrate that the beneficiary met at least three of the alternate regulatory criteria for extraordinary ability. Specifically, the evidence for 'original contributions of major significance' and 'leading or critical role' was found insufficient. The salary evidence was also deemed inadequate to demonstrate a high salary relative to others 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 May 29, 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: 5, counted: 2 (Judging, Scholarly authorship); not counted: Original contribution, Leading role, 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: Leading role 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 IT 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.