EB-1A Criterion v of 10 1,204 cases

Original contributions —
what the AAO actually requires

Regulatory language: "Evidence satisfying criterion v under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(v)
Cases indexed
1,204
with this criterion contested
Win rate
44%
44% 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
Remanded2024 · APR302024_02B2203

The AAO remanded an EB-1A petition for a CEO in AI and mobile telecom,

The AAO remanded an EB-1A petition for a CEO in AI and mobile telecom, finding the Director overlooked scholarly article

Remanded2022 · OCT272022_01B2203

An EB-1A petition by a researcher in information science and engineering was remanded after the AAO…

An EB-1A petition by a researcher in information science and engineering was remanded after the AAO reversed the Directo

Remanded2023 · MAR012023_01B2203

A packaging engineer's EB-1A petition was remanded after the AAO found the Director wrongly rejecte…

A packaging engineer's EB-1A petition was remanded after the AAO found the Director wrongly rejected three criteria — ju

Remanded2024 · MAR282024_02B2203

An immunology researcher's EB-1A petition was remanded after the AAO found she met a third evidenti…

An immunology researcher's EB-1A petition was remanded after the AAO found she met a third evidentiary criterion (origin

Sustained2021 · AUG272021_01B2203

An EB-1A petition for a biophysicist and biotech CEO was ultimately approved after a federal court …

An EB-1A petition for a biophysicist and biotech CEO was ultimately approved after a federal court reversed the AAO's pr

Dismissed2020 · APR232020_10B2203

An EB-1A petition for a senior software engineer at an autonomous vehicle company was dismissed bec…

An EB-1A petition for a senior software engineer at an autonomous vehicle company was dismissed because the petitioner c

Sustained2024 · NOV062024_02B2203

The AAO sustained an EB-1A appeal for an economist with a 20+ year career,

The AAO sustained an EB-1A appeal for an economist with a 20+ year career, finding the Director made factual errors and

Sustained2026 · FEB202026_01B2203

The AAO sustained an EB-1A appeal for a senior vaccine industry executive,

The AAO sustained an EB-1A appeal for a senior vaccine industry executive, finding that expert letters and corroborating

See all 1,204 criterion v cases →