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appeal dismissedOther20240 criteria counted

Video Editing

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 Video Editing (Other), 2024. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 0 were counted; not counted: Judging, Leading role, High remuneration, Commercial success.

What this case shows

Bottom line: the EB-1A denial stands. Of the 4 EB-1A criteria claimed, 0 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.

EB-1A criteria in this case

  • Awardsnot claimed
  • Membershipnot claimed
  • Published material about younot claimed
  • Judgingnot counted
  • Original contributionnot claimed
  • Scholarly authorshipnot claimed
  • Exhibitionsnot claimed
  • Leading rolenot counted
  • High remunerationnot counted
  • Commercial successnot counted
  • 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.

Judging

Across the appeals base this criterion was argued in 659 cases and counted in 491 (75%). Typical AAO objection: "Judging not actually performed / proven". Counted when the judging actually happened: an invitation plus proof you reviewed others’ work.

Leading role

Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.

High remuneration

Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.

Commercial success

Across the appeals base this criterion was argued in 81 cases and counted in 9 (11%). Counts commercial success in the performing arts with numbers: box office, sales, charts.

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
Judgingnot counted74 of 95 (78%)breakdowns for this criterion (7)
Leading rolenot counted50 of 117 (43%)breakdowns for this criterion (7)
High remunerationnot counted14 of 48 (29%)breakdowns for this criterion (7)
Commercial successnot counted0 of 12 (0%)-

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

From the AAO decision (source, EN)

The petitioner failed to meet the initial evidentiary requirement of at least three criteria under 8 C.F.R. § 204.5(h)(3) and did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of the field of endeavor.

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 March 28, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?
Criteria claimed: 4, counted: 0; not counted: Judging, Leading role, High remuneration, Commercial success.
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?
No - the case did not reach final merits: fewer than the required 3 criteria were counted.

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

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.