Which EB-1A criteria were counted in this case?

Criteria claimed: 0, counted: 0.

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.

All EB-1A appeals

appeal dismissedBusiness20220 criteria counted

Real Estate Development

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 Real Estate Development (Business), 2022. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 0 were counted.

What this case shows

Bottom line: the EB-1A denial stands. Of the 0 EB-1A criteria claimed, 0 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
Judgingnot claimed
Original contributionnot claimed
Scholarly authorshipnot claimed
Exhibitionsnot claimed
Leading rolenot claimed
High remunerationnot claimed
Commercial successnot claimed
Comparable evidencenot claimed

How to read this case

The formal gate was passed: no claimed criterion is marked "not counted", and the case reached the final-merits totality assessment. That is exactly where it was lost: at this stage the officer looks not at the number of criteria but at whether the evidence as a whole shows sustained national or international acclaim. Across the appeals base, 45% of cases are lost at final merits.

From the AAO decision (source, EN)

The Petitioner failed to demonstrate a continuing intent to work in the U.S. in the field of real estate development, as indicated in her business plan. The submitted evidence was outdated, contradictory, or related to her husband's finances, and did not resolve inconsistencies raised during a consular interview.

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 June 15, 2022 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 0, counted: 0.
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.

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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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.