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 dismissedBusiness20223 criteria counted

Tax Accounting

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 Tax Accounting (Business), 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: Scholarly authorship, Leading role, High remuneration; not counted: Awards, Published material about you.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 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 counted
Membershipnot claimed
Published material about younot counted
Judgingnot claimed
Original contributionnot claimed
Scholarly authorshipcounted
Exhibitionsnot claimed
Leading rolecounted
High remunerationcounted
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 Business field in the database: 143 appeals

Outcomes in this field: 4 sustained, 33 remanded, 106 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	3 of 67 (4%)	breakdowns for this criterion (7)
Published material about you	not counted	35 of 85 (41%)	breakdowns for this criterion (7)
Scholarly authorship	counted	34 of 55 (62%)	breakdowns for this criterion (6)
Leading role	counted	57 of 91 (63%)	breakdowns for this criterion (7)
High remuneration	counted	19 of 65 (29%)	breakdowns for this criterion (7)

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

From the AAO decision (source, EN)

The Petitioner failed to demonstrate sustained national or international acclaim and that he is among the small percentage at the very top of the field of endeavor, despite submitting additional evidence. The evidence of a leading role in an organization outside of his field did not translate to acclaim within the field of tax accounting.

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 29, 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 (Scholarly authorship, Leading role, High remuneration); not counted: Awards, 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:

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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Same outcome in other fields

Talent visa for Business 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.