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
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 0 | 2 |
| 2024 | 6 (—) | 0 | 6 | 12 |
| 2023 | 2 (—) | 0 | 1 | 3 |
| 2021 | 1 (—) | 0 | 0 | 1 |
| 2020 | 3 (—) | 1 | 0 | 4 |
| 2018 | 3 (—) | 0 | 0 | 3 |
| 2017 | 1 (—) | 1 | 0 | 2 |
| 2016 | 1 (—) | 0 | 0 | 1 |
| 2014 | 1 (—) | 0 | 0 | 1 |
| 2011 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Authorship of scholarly articles | 19 | 1 | 26 | 73.1% |
| Original contributions of major significance | 15 | 2 | 23 | 65.2% |
| Judging | 16 | 1 | 22 | 72.7% |
| Prizes or awards | 10 | 1 | 14 | — |
| High salary or remuneration | 7 | 1 | 13 | — |
| Leading or critical role | 7 | 1 | 12 | — |
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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