EB-1A Appeals: AI/ML & Data Science

Last updated 2026-09-02

The AAO dismissed 71.0% of EB-1A appeals from AI/ML & Data Science petitioners in published non-precedent decisions from 2011–2025 (n=31). The criterion most often at issue was Authorship of scholarly articles.

Outcomes by Year

YearDismissedSustainedRemandedTotal
20252 (—)002
20246 (—)0612
20232 (—)013
20211 (—)001
20203 (—)104
20183 (—)003
20171 (—)102
20161 (—)001
20141 (—)001
20111 (—)001

Criteria Breakdown

CriterionIn DismissedIn SustainedTotalDismissal Rate
Authorship of scholarly articles1912673.1%
Original contributions of major significance1522365.2%
Judging1612272.7%
Prizes or awards10114—
High salary or remuneration7113—
Leading or critical role7112—

Example Decisions

Sustained2020-11-30The Director initially denied the petition, finding the petitioner only met two of the required three evidentiary criter Sustained2017-05-05The appeal was sustained because the AAO determined the Petitioner met the 'original contributions of major significance Dismissed2024-03-04The appeal was dismissed because the petitioner did not meet the requisite number of evidentiary criteria. The AAO found Dismissed2025-03-05The appeal was dismissed because the petitioner failed to meet the minimum three out of ten evidentiary criteria require Dismissed2014-12-05The appeal was dismissed because the petitioner failed to establish that her work constituted original contributions of Dismissed2017-08-22The appeal was dismissed because despite meeting the minimum number of evidentiary criteria, the petitioner failed to de Dismissed2020-04-29The appeal was dismissed because the petitioner failed to meet the required three of ten evidentiary criteria. The Direc
In sustained EB-1A appeals for AI/ML & Data Science petitioners, the AAO credited evidence such as contributions shown to be of major significance in the field (adopted or widely cited); patents or proprietary contributions. Dismissed cases most often lacked sustained national or international acclaim in the final merits determination.

Sample: published AAO non-precedent decisions collected from uscis.gov, 2011–2025. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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