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appeal dismissedSports20223 criteria counted

speech and theatrical coaching

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 speech and theatrical coaching (Sports), 2022. 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: Published material about you, Judging, Leading role.

What this case shows

Bottom line: the EB-1A denial stands. Of the 3 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 claimed
  • Membershipnot claimed
  • Published material about youcounted
  • Judgingcounted
  • Original contributionnot claimed
  • Scholarly authorshipnot claimed
  • Exhibitionsnot claimed
  • Leading rolecounted
  • High remunerationnot claimed
  • Commercial successnot claimed
  • Comparable evidencenot claimed

The Sports field in the database: 133 appeals

Outcomes in this field: 3 sustained, 17 remanded, 113 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 youcounted30 of 102 (29%)breakdowns for this criterion (7)
Judgingcounted32 of 62 (52%)breakdowns for this criterion (7)
Leading rolecounted21 of 68 (31%)breakdowns for this criterion (7)

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

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 sustained national or international acclaim in the field of speech and theatrical coaching, and did not establish ranking among the small percentage at the very top of the field. Evidence presented was either outdated or insufficient to demonstrate acclaim.

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 10, 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: 3, counted: 3 (Published material about you, Judging, Leading role).
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.

Related

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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.