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.

appeal dismissedOther20202 criteria counted

Semiconductor Development/Power Electronics

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 Semiconductor Development/Power Electronics (Other), 2020. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 2 were counted: Judging, Leading role; not counted: Membership, Published material about you, Original contribution, Scholarly authorship.

What this case shows

Bottom line: the EB-1A denial stands. Of the 6 EB-1A criteria claimed, 2 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 counted
Published material about younot counted
Judgingcounted
Original contributionnot counted
Scholarly authorshipnot counted
Exhibitionsnot claimed
Leading rolecounted
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.

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

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

Original contribution

Across the appeals base this criterion was argued in 642 cases and counted in 105 (16%). Typical AAO objection: "Original contribution: impact not shown". Counted when the contribution’s impact is shown: adoption, citation, use by others.

RFE breakdown: how to respond Criterion guide Evidence benchmarks USCIS Fact Sheet - STEM Petition Trends: EB-2 NIW and O-1A (FY 2018-2023) BCS Fellowship interview prep guide, Apr 2026

Scholarly authorship

Across the appeals base this criterion was argued in 473 cases and counted in 360 (76%). Typical AAO objection: "Published material not ABOUT the person". Counts scholarly articles in field-specific journals, backed by significance (citations).

RFE breakdown: how to respond Criterion guide Evidence benchmarks EB-2 NIW exhibit letter requesting publication Exhibit 12.1: Elsevier Book Series Page - Authorship Evidence (NIW)

The Other field in the database: 219 appeals

Outcomes in this field: 3 sustained, 40 remanded, 176 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
Membership	not counted	7 of 92 (8%)	breakdowns for this criterion (6)
Published material about you	not counted	43 of 126 (34%)	breakdowns for this criterion (7)
Judging	counted	74 of 95 (78%)	breakdowns for this criterion (7)
Original contribution	not counted	17 of 117 (15%)	breakdowns for this criterion (7)
Scholarly authorship	not counted	75 of 94 (80%)	breakdowns for this criterion (6)
Leading role	counted	50 of 117 (43%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The petitioner failed to demonstrate that the beneficiary met at least three of the ten evidentiary criteria for extraordinary ability, specifically regarding membership in associations, published material, original contributions, and scholarly articles. The evidence presented did not establish that the beneficiary's contributions were of 'major significance' in the field.

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 October 15, 2020 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 6, counted: 2 (Judging, Leading role); not counted: Membership, Published material about you, Original contribution, Scholarly authorship.
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:

RFE: Membership RFE: Published material about you RFE: Original contribution RFE: Scholarly authorship

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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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.