EB-1A Criterion iii of 10 1,283 cases

Published material about work —
what the AAO actually requires

Regulatory language: "Evidence satisfying criterion iii under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(iii)
Cases indexed
1,283
where this criterion was addressed
Met rate
28%
found met in 362 of 1,283 addressed cases
Most common error
Dismissed
without assessing selectivity
Trend
+5pp
win rate up vs. 2024
Evidence patterns — what moves the needle
Evidence that wins

Remanded · 2024 Director found criterion not met; AAO reversed, finding press coverage of petitioner's corporate work in publications such as 21st Century Business Herald, China News Service, and others was sufficient. AAO distinguished Braga v. Poulos, noting that circulation data provided was concrete, not merely self-serving, and that the Director overlooked third-party evidence such as a Wall Street Journal article about one publication.

Remanded · 2024 Director denied this criterion by requiring published material to focus on the petitioner's accomplishments in the wider field, not merely research results. AAO found this was a novel requirement not found in the regulation or USCIS policy manual, and concluded that articles in major tech publications (W- and G-) and NPR satisfied the criterion.

Remanded · 2024 AAO reversed the Director's finding; concluded that English translations were adequate under 8 C.F.R. § 103.2(b)(3) and that circulation/readership data from independent third-party sources sufficiently established the publications as major media recognized nationally in Argentina, including outlets operated by a major media conglomerate.

Sustained · 2017 Director found materials were not about the petitioner, were broadcast rather than published, or did not appear in a qualifying publication. AAO found an article in a major Spanish newspaper (815,000 readership, second most popular in Spain) discussed petitioner and his brother at length and was sufficiently 'about' the Petitioner.

Not enough alone

Dismissed · 2024 A single paragraph in Indian newspaper Dainik Jagran (2012) was about the petitioner and his work, but the English translation did not comply with 8 C.F.R. § 103.2(b)(3) (translator failed to certify completeness or competence), and the author's name was absent. A post-filing article was excluded. AAO partially disagreed with Director on the article's subject matter and the newspaper's status as major medium, but still found the criterion unmet due to translation deficiencies.

Dismissed · 2022 Director found criterion met; AAO withdrew. All six pieces of evidence failed: Billboard article unverifiable, Iberoeconomia lacked author/certified translation, Factores de Poder circulation data illegible, El Universal ad was an announcement not published material, Vive TV lacked viewership comparisons, and YouTube availability does not constitute major media.

Dismissed · 2025 Petitioner submitted interviews and articles but failed to establish that any publication qualified as a professional publication, major trade publication, or other major media. Sports newspaper not a professional publication; Iranian news agency evidence too dated; government newspaper rankings did not establish major medium based on relative circulation.

Dismissed · 2025 Three online articles failed: one did not mention the petitioner, one lacked an author and was about a company launch with only a passing mention of petitioner, and one discussed a company product without discussing the petitioner's work. No objective evidence submitted that any outlet qualified as a professional or major trade publication or major media.

Officer error patterns — how cases get remanded
AAO reversed the Director on this criterion2024

Director found criterion not met; AAO reversed, finding press coverage of petitioner's corporate work in publications such as 21st Century Business Herald, China News Service, and others was sufficient. AAO distinguished Braga v. Poulos, noting that circulation data provided was concrete, not merely self-serving, and that the Director overlooked third-party evidence such as a Wall Street Journal article about one publication.

AAO reversed the Director on this criterion2022

Director found criterion met; AAO withdrew. All six pieces of evidence failed: Billboard article unverifiable, Iberoeconomia lacked author/certified translation, Factores de Poder circulation data illegible, El Universal ad was an announcement not published material, Vive TV lacked viewership comparisons, and YouTube availability does not constitute major media.

AAO reversed the Director on this criterion2018

Director had found this criterion met, but AAO reversed, finding that a single citation in another author's book and articles about the Beneficiary's business school experiences on non-major media websites did not satisfy the regulatory requirement that the Beneficiary be the subject of published material in professional or major trade publications.

AAO reversed the Director on this criterion2024

Director denied this criterion by requiring published material to focus on the petitioner's accomplishments in the wider field, not merely research results. AAO found this was a novel requirement not found in the regulation or USCIS policy manual, and concluded that articles in major tech publications (W- and G-) and NPR satisfied the criterion.

Cases on this criterion
Remanded2022 · MAR112022_01B2203

The AAO remanded this EB-1A petition for a fund manager back to the Director after finding multiple…

The AAO remanded this EB-1A petition for a fund manager back to the Director after finding multiple legal errors in the

Dismissed2017 · AUG112017_02B2203

A bodybuilding promoter's motions to reopen and reconsider his denied EB-1A petition were both deni…

A bodybuilding promoter's motions to reopen and reconsider his denied EB-1A petition were both denied because he failed

Dismissed2026 · JAN232026_04B2203

The AAO dismissed a seventh combined motion to reopen and reconsider an EB-1A petition for an accou…

The AAO dismissed a seventh combined motion to reopen and reconsider an EB-1A petition for an accounting and tax consult

Remanded2024 · JAN232024_01B2203

AAO remanded this EB-1A petition for a global security expert because the Director improperly dismi…

AAO remanded this EB-1A petition for a global security expert because the Director improperly dismissed a timely motion

Dismissed2021 · APR162021_02B2203

A collaborative pianist's EB-1A appeal was dismissed because he could only demonstrate two of the r…

A collaborative pianist's EB-1A appeal was dismissed because he could only demonstrate two of the required three evident

Remanded2026 · JAN052026_01B2203

The AAO remanded this EB-1A petition for a senior staff software engineer back to SCOPS because SCO…

The AAO remanded this EB-1A petition for a senior staff software engineer back to SCOPS because SCOPS reversed two previ

Dismissed2018 · JAN242018_03B2203

A competitive judo and jiu-jitsu wrestler from Kazakhstan sought EB-1A classification but fell shor…

A competitive judo and jiu-jitsu wrestler from Kazakhstan sought EB-1A classification but fell short, meeting only one o

Dismissed2015 · FEB272015_01B2203

A table tennis coach's EB-1A petition was dismissed after she failed to meet even three of the requ…

A table tennis coach's EB-1A petition was dismissed after she failed to meet even three of the required evidentiary crit

See all 1,283 criterion iii cases →