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?

Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.

All EB-1A appeals

case remandedArts20233 criteria counted

Performing Arts (Theatrical Producer)

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 Performing Arts (Theatrical Producer) (Arts), 2023. 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, Leading role, Commercial success; not counted: Awards.

What this case shows

Bottom line: the case went back to the officer for another look, not a final decision. Of the 4 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

Awardsnot counted
Membershipnot claimed
Published material about youcounted
Judgingnot claimed
Original contributionnot claimed
Scholarly authorshipnot claimed
Exhibitionsnot claimed
Leading rolecounted
High remunerationnot claimed
Commercial successcounted
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

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)
Published material about you	counted	90 of 242 (37%)	breakdowns for this criterion (7)
Leading role	counted	45 of 161 (28%)	breakdowns for this criterion (7)
Commercial success	counted	6 of 53 (11%)	-

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

From the AAO decision (source, EN)

The Director's final merits analysis was insufficient, failing to consider all evidence in the record (specifically display of work and commercial successes) and provide a detailed explanation of why the petitioner did not demonstrate sustained national or international acclaim. The Director also did not adequately address the prospective benefit to the United States.

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 April 13, 2023 (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: 3 (Published material about you, Leading role, Commercial success); not counted: Awards.
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?: 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: Awards

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

Similar appeals

Same outcome in other fields

Talent visa for Arts 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.