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Sciences (Periodontics)

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 Sciences (Periodontics) (Science), 2024. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Judging, Scholarly authorship, High remuneration; not counted: Published material about you.

What this case shows

Bottom line: the EB-1A denial stands. 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

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.

Published material about you

Across the appeals base this criterion was argued in 793 cases and counted in 286 (36%). Typical AAO objections: "Outlet not shown to be major media"; "Published material not ABOUT the person". Counts coverage specifically ABOUT YOU in independent major or trade outlets, with publication details.

The Science field in the database: 155 appeals

Outcomes in this field: 7 sustained, 30 remanded, 118 dismissed. How the AAO ruled in this field on the criteria argued in this case:

CriterionIn this caseCounted in the fieldHow objections were answered
Published material about younot counted35 of 89 (39%)breakdowns for this criterion (7)
Judgingcounted105 of 117 (90%)breakdowns for this criterion (7)
Scholarly authorshipcounted121 of 127 (95%)breakdowns for this criterion (6)
High remunerationcounted9 of 32 (28%)breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The Petitioner failed to demonstrate sustained national or international acclaim and that she is among the small percentage at the very top of the field of periodontics. Evidence of acclaim was largely from earlier years and not sufficiently sustained, and relied heavily on letters from colleagues without corroborating evidence like awards, media coverage, or significant citation impact.

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 September 30, 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: 4, counted: 3 (Judging, Scholarly authorship, High remuneration); not counted: Published material about you.
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:

Related

Similar appeals

Same outcome in other fields

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.