Good news — this case cleared the first bar
The AAO withdrew SCOPS' denial after finding the petitioner satisfied at least three evidentiary criteria (artistic display, published materials, and commercial success), then remanded for SCOPS to conduct a final merits determination on sustained national or international acclaim.
Next step: a full merits review weighing all the evidence together.
A French film and television director with roughly 30 years of experience appealed SCOPS' denial of his EB-1A petition. SCOPS had found only one of the required three criteria satisfied (artistic display). The AAO reversed SCOPS on two additional criteria: published materials in major French media and commercial success based on his animated feature film's ~$109 million global box office performance against a $30 million budget. Because SCOPS never conducted a final merits determination — the analysis of whether the petitioner truly has sustained national or international acclaim — the AAO remanded the case for that step rather than deciding it outright. The decision highlights that comparative box office rankings from credible industry sources can satisfy the commercial success criterion even when direct competitor data is not separately compiled.
What worked: 1. Box office receipts and industry ranking data showing the animated film grossed ~$109M on a $30M budget across 2500+ theaters, with comparative rankings among animated films, all-genre films, and all-time, were sufficient to prove commercial success relative to others. 2. Articles in a major French newspaper and a major French online publication — supported by readership/circulation data — satisfied the published materials criterion. 3. Screenings of the animated film at festivals and TV episode showcases established artistic display, which was undisputed.
What failed: 1. The high salary/remuneration criterion was waived on appeal after SCOPS denied it, meaning the evidence submitted was insufficient or the petitioner chose not to contest it. 2. Several additional French publications were apparently not shown to qualify as major media. 3. A final merits determination has not yet been made, so the petition's ultimate approval remains uncertain.
Takeaway: For film directors pursuing EB-1A, submit comprehensive industry-source box office data with explicit comparative rankings (by genre, year, and all-time) — not just raw receipts — to prove commercial success relative to peers. Pair published media submissions with objective circulation or readership data to establish 'major media' status before the officer has to guess.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating EB-1A criteria.
● Evidence that moved the needle
- Box office receipts and industry ranking data showing the animated film grossed ~$109M on a $30M budget across 2500+ theaters, with comparative rankings among animated films, all-genre films, and all-time, were sufficient to prove commercial success relative to others
- Articles in a major French newspaper and a major French online publication — supported by readership/circulation data — satisfied the published materials criterion
- Screenings of the animated film at festivals and TV episode showcases established artistic display, which was undisputed.
● Evidence that wasn't enough alone
- The high salary/remuneration criterion was waived on appeal after SCOPS denied it, meaning the evidence submitted was insufficient or the petitioner chose not to contest it
- Several additional French publications were apparently not shown to qualify as major media
- A final merits determination has not yet been made, so the petition's ultimate approval remains uncertain.
Criterion-by-criterion breakdown
Published material about the person
Reversed in their favorAAO reversed SCOPS denial; found articles in a French newspaper and an online news publication about the petitioner and his work constituted published material in major media, supported by evidence of relative readership and circulation.
Display of work at artistic exhibitions or showcases
MetBoth AAO and SCOPS agreed the petitioner satisfied this criterion; animated film screened at film festivals and TV episodes featured at showcases qualified as artistic display.
Leading or critical role for distinguished organizations
Not metPetitioner claimed eligibility on appeal but AAO did not need to resolve it after finding three criteria satisfied; SCOPS had denied it and AAO deferred the issue to remand.
High salary or other significantly high remuneration
Not metPetitioner waived this criterion on appeal; SCOPS denial was not contested.
Commercial successes in the performing arts
Reversed in their favorAAO reversed SCOPS; animated film with $30M budget achieved ~$109M gross in 2500+ theaters worldwide; industry source rankings showed relative box office performance among animated films and all genres, domestically and internationally.
Completed
I-140 filed
Film and television director with approximately 30 years of industry experience, director of multiple French TV series and writer/director of an internationally distributed animated feature film
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-05-04
AAO decision — Remanded
The AAO withdrew SCOPS' denial after finding the petitioner satisfied at least three evidentiary criteria (artistic display, published materials, and commercial success), then remanded for SCOPS to conduct a final merits determination on sustained national or international acclaim.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.