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 remandedArts20243 criteria counted

Music

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 Music (Arts), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Published material about you, Judging, Exhibitions; not counted: Awards, Membership, High remuneration, Commercial success.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 7 EB-1A criteria claimed, 3 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 youcounted
Judgingcounted
Original contributionnot claimed
Scholarly authorshipnot claimed
Exhibitionscounted
Leading rolenot claimed
High remunerationnot counted
Commercial successnot counted
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.

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

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

Commercial success

Across the appeals base this criterion was argued in 81 cases and counted in 9 (11%). Counts commercial success in the performing arts with numbers: box office, sales, charts.

Criterion guide EB-2 NIW Exhibit: FDA X-ray Radiation Update

The Arts field in the database: 343 appeals

Outcomes in this field: 12 sustained, 52 remanded, 279 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	44 of 236 (19%)	breakdowns for this criterion (7)
Membership	not counted	15 of 126 (12%)	breakdowns for this criterion (6)
Published material about you	counted	90 of 242 (37%)	breakdowns for this criterion (7)
Judging	counted	117 of 162 (72%)	breakdowns for this criterion (7)
Exhibitions	counted	130 of 160 (81%)	breakdowns for this criterion (6)
High remuneration	not counted	11 of 80 (14%)	breakdowns for this criterion (7)
Commercial success	not counted	6 of 53 (11%)	-

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

From the AAO decision (source, EN)

The initial denial was based on the petitioner not meeting the requirements for a major, internationally recognized award or at least three of the alternate regulatory criteria. The AAO found the petitioner met the criteria for judging, artistic exhibitions, and published material, and remanded the case 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 February 20, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 7, counted: 3 (Published material about you, Judging, Exhibitions); not counted: Awards, Membership, High remuneration, Commercial success.
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: 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

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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.