EB-1A Criterion ix of 10 512 cases

High remuneration —
what the AAO actually requires

Regulatory language: "Evidence satisfying criterion ix under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(ix)
Cases indexed
512
with this criterion contested
Win rate
67%
67% win rate on appeal
Most common error
Dismissed
without assessing selectivity
Trend
+5pp
win rate up vs. 2024
Evidence patterns — what moves the needle
Evidence that wins

Specific documented evidence — see recent remanded cases for patterns that satisfied officers on appeal

Not enough alone

Generic praise without specifics — letters without concrete examples of impact routinely fail

Officer error patterns — how cases get remanded
Error — Added unlisted requirements34% of remands

Officers cannot add requirements beyond the regulation.

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

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

Dismissed2021 · FEB022021_02B2203

The AAO dismissed this EB-1A appeal for a media executive who met three evidentiary criteria,

The AAO dismissed this EB-1A appeal for a media executive who met three evidentiary criteria, finding that her evidence

Dismissed2018 · JUN222018_01B2203

A petroleum reservoir management team lead's EB-1A appeal was dismissed after the AAO found that,

A petroleum reservoir management team lead's EB-1A appeal was dismissed after the AAO found that, despite meeting three

Dismissed2020 · JAN222020_03B2203

An EB-1A petition for a visual designer was dismissed after the AAO found that the beneficiary fail…

An EB-1A petition for a visual designer was dismissed after the AAO found that the beneficiary failed to show she person

Dismissed2020 · JUN022020_04B2203

An experienced strategic port planner's motions to reopen and reconsider his EB-1A denial were both…

An experienced strategic port planner's motions to reopen and reconsider his EB-1A denial were both dismissed because he

Dismissed2019 · APR302019_03B2203

An architecture firm's petition for its senior electrical engineer was dismissed after the AAO foun…

An architecture firm's petition for its senior electrical engineer was dismissed after the AAO found that, despite meeti

Dismissed2021 · FEB262021_05B2203

A business executive seeking an EB-1A extraordinary ability green card had his appeal dismissed bec…

A business executive seeking an EB-1A extraordinary ability green card had his appeal dismissed because, despite meeting

See all 512 criterion ix cases →