EB-1A Criterion iv of 10 891 cases

Judging others' work —
what the AAO actually requires

Regulatory language: "Participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization." — 8 CFR 204.5(h)(3)(iv)
Cases indexed
891
with this criterion contested
Win rate
58%
highest of all 10 criteria
Most common error
Dismissed
without assessing selectivity
Trend
+5pp
win rate up vs. 2024
Evidence patterns — what moves the needle
Evidence that wins

Panel judging with documented criteria — letters specifying evaluation rubrics, not mere refereeing or timekeeping roles

National or international competition judging — events with documented selection of judges by recognized bodies

Peer review with editorial letters — journal peer review counts when the letter confirms substantive evaluation of merit

Grant review panel service — federal or major foundation grant panels with confirmation of judging role

Not enough alone

Refereeing without evaluation function — ensuring fair play or enforcing rules is not judging under the regulatory standard

Internal employer competitions only — judging within one's own organization without external recognition

Student thesis committees alone — routine academic duties without showing selectivity or external recognition

Vague letters using 'referee' language — officers distinguish refereeing from applying defined evaluation criteria

Officer error patterns — how cases get remanded
Error 1 — Conflating refereeing with judging38% of remands

Officers dismiss judging evidence when letters describe rule enforcement rather than merit evaluation. AAO remands when letters specify defined criteria used to evaluate competitors.

Error 2 — Requiring international-level events only31% of remands

The regulation does not require Olympic-level events. National competitions with documented judge selection can qualify.

Error 3 — Ignoring peer review evidence24% of remands

Substantive journal peer review is judging. Officers who dismiss all peer review without analysis err.

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

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

Sustained2017 · NOV162017_01B2203

A Nepali journalist and editor who covered women's rights and senior citizens' issues successfully …

A Nepali journalist and editor who covered women's rights and senior citizens' issues successfully appealed a denial of

Dismissed2019 · DEC122019_01B2203

An orthopedic surgeon from Venezuela failed to meet the minimum three evidentiary criteria for an E…

An orthopedic surgeon from Venezuela failed to meet the minimum three evidentiary criteria for an EB-1A extraordinary ab

Dismissed2021 · FEB262021_08B2203

A Nepali journalist's EB-1A petition was dismissed after meeting only one of the required three evi…

A Nepali journalist's EB-1A petition was dismissed after meeting only one of the required three evidentiary criteria. Aw

Dismissed2020 · NOV242020_02B2203

A finance executive and minority business coach's EB-1A appeal was dismissed after meeting only 2 o…

A finance executive and minority business coach's EB-1A appeal was dismissed after meeting only 2 of the required 3 evid

Sustained2022 · SEP192022_01B2203

A tattoo artist and painter successfully appealed a denial of her EB-1A petition.

A tattoo artist and painter successfully appealed a denial of her EB-1A petition. The AAO found her 250,000+ Instagram f

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