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appeal dismissedOther20203 criteria counted

Swimming

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 Swimming (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, 3 were counted: Awards, Membership, Published material about you.

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

  • Awardscounted
  • Membershipcounted
  • Published material about youcounted
  • Judgingnot claimed
  • Original contributionnot claimed
  • Scholarly authorshipnot claimed
  • Exhibitionsnot claimed
  • Leading rolenot claimed
  • High remunerationnot claimed
  • Commercial successnot claimed
  • Comparable evidencenot claimed

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Awardscounted14 of 103 (14%)breakdowns for this criterion (7)
Membershipcounted7 of 92 (8%)breakdowns for this criterion (6)
Published material about youcounted43 of 126 (34%)breakdowns for this criterion (7)

Counted over our base of published AAO decisions; all Other 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 and that she is among the small percentage at the very top of the field of endeavor. The AAO found the evidence insufficient to establish a 'career of acclaimed work' and questioned the consistency of reported results.

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 24, 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: 3, counted: 3 (Awards, Membership, 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.

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.