Legal Consultant/Law
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 Legal Consultant/Law (Other), 2021. 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: Published material about you, Scholarly authorship; not counted: Membership, 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 counted
- Published material about youcounted
- Judgingnot claimed
- Original contributionnot counted
- Scholarly authorshipcounted
- Exhibitionsnot claimed
- Leading rolenot claimed
- High remunerationnot claimed
- 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.
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.
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.
The Other field in the database: 219 appeals
Outcomes in this field: 3 sustained, 40 remanded, 176 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 |
|---|---|---|---|
| Membership | not counted | 7 of 92 (8%) | breakdowns for this criterion (6) |
| Published material about you | counted | 43 of 126 (34%) | breakdowns for this criterion (7) |
| Original contribution | not counted | 17 of 117 (15%) | breakdowns for this criterion (7) |
| Scholarly authorship | counted | 75 of 94 (80%) | breakdowns for this criterion (6) |
Counted over our base of published AAO decisions; all Other appeals.
From the AAO decision (source, EN)
The petitioner failed to demonstrate that she meets the initial evidentiary requirements for the EB-1 visa, specifically failing to establish either a major internationally recognized award or meeting at least three of the alternate criteria. The AAO found the evidence regarding original contributions and membership in associations insufficient, despite the petitioner's arguments to the contrary.
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 July 15, 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: 4, counted: 2 (Published material about you, Scholarly authorship); not counted: Membership, 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: