EB-1A Criterion x of 10 127 cases

Commercial success —
what the AAO actually requires

Regulatory language: "Evidence satisfying criterion x under the EB-1A regulatory framework." — 8 CFR 204.5(h)(3)(x)
Cases indexed
127
with this criterion contested
Win rate
48%
48% 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
Remanded2026 · MAY042026_02B2203

An experienced French film and TV director won his EB-1A appeal after the AAO found he met three ev…

An experienced French film and TV director won his EB-1A appeal after the AAO found he met three evidentiary criteria —

Dismissed2019 · JAN022019_01B2203

A Filipino guitarist's EB-1A petition was dismissed because,

A Filipino guitarist's EB-1A petition was dismissed because, although he met three initial criteria, he could not show s

Sustained2021 · AUG262021_01B2203

A musician and music producer's EB-1A appeal was sustained after the AAO found he met four extraord…

A musician and music producer's EB-1A appeal was sustained after the AAO found he met four extraordinary ability criteri

Dismissed2016 · AUG262016_01B2203

A music producer appealing a denial of his EB-1A extraordinary ability petition had his appeal dism…

A music producer appealing a denial of his EB-1A extraordinary ability petition had his appeal dismissed. Although he me

Remanded2023 · APR132023_02B2203

The AAO remanded an EB-1A petition by a theatrical producer after finding the Director's final meri…

The AAO remanded an EB-1A petition by a theatrical producer after finding the Director's final merits analysis was incom

Dismissed2022 · JUN012022_01B2203

A Chinese actress's EB-1A petition was dismissed after the AAO found that meeting three evidentiary…

A Chinese actress's EB-1A petition was dismissed after the AAO found that meeting three evidentiary criteria was not eno

Dismissed2021 · APR152021_04B2203

An EB-1A petition filed by a songwriter,

An EB-1A petition filed by a songwriter, musician, and producer was dismissed after the AAO found he met only two of the

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