How did this appeal end?

The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.

Did the case reach the final-merits stage?

Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

appeal sustainedScience20223 criteria counted

sciences

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 sciences (Science), 2022. The appeal was appeal sustained, and on the final-merits determination the petitioner met the standard. Of the regulatory criteria, 3 were counted: Judging, Original contribution, Scholarly authorship; not counted: Awards, Published material about you.

What this case shows

Bottom line: the appeal was sustained - a rare outcome in the appeals base. Of the 5 EB-1A criteria claimed, 3 were counted. The petitioner also passed the final-merits totality assessment - both the criteria and the overall extraordinary-ability standard.

EB-1A criteria in this case

Awardsnot counted
Membershipnot claimed
Published material about younot counted
Judgingcounted
Original contributioncounted
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.

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

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.

RFE breakdown: how to respond Criterion guide Evidence benchmarks PR-CY traffic snapshot for news site, Nov 2023 O-1 exhibit sample for a media article

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:

Criterion	In this case	Counted in the field	How objections were answered
Awards	not counted	4 of 54 (7%)	breakdowns for this criterion (7)
Published material about you	not counted	35 of 89 (39%)	breakdowns for this criterion (7)
Judging	counted	105 of 117 (90%)	breakdowns for this criterion (7)
Original contribution	counted	33 of 123 (27%)	breakdowns for this criterion (7)
Scholarly authorship	counted	121 of 127 (95%)	breakdowns for this criterion (6)

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

From the AAO decision (source, EN)

The initial denial was based on the petitioner not meeting at least three of the ten evidentiary criteria. The AAO found the petitioner met at least three criteria (authorship of articles, original contributions, and judging the work of others) and, upon final merits review, determined the petitioner demonstrated extraordinary ability.

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 November 14, 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: 5, counted: 3 (Judging, Original contribution, Scholarly authorship); not counted: Awards, Published material about you.
How did this appeal end?: The appeal was sustained - the denial was overturned in the petitioner's favor. A rare outcome: about 3% of our base.
Did the case reach the final-merits stage?: Yes, and on the totality assessment the petitioner met the extraordinary-ability standard.

The criteria not counted here - typical objections and how to respond:

RFE: Awards RFE: Published material about you

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.