Can biology & life sciences professionals get an EB-1A? What 214 AAO decisions say
Published AAO non-precedent decisions, 2004–2024 · updated 2026-10-16
Between 2004 and 2024 the AAO published 214 EB-1A appeal decisions from biology & life sciences petitioners; 8 were sustained and 174 dismissed. The most common ground for dismissal: not shown to be among the small percentage at the very top of the field (final merits) (91 of the 187 merits dismissals, 49%). What the sustained decisions had: contributions shown to be of major significance; published material about the person in major media. These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.
What the decisions say
Grounds for dismissal, by frequency
- 91 of 187 Not shown to be among the small percentage at the very top of the field (final merits)
“The AAO found that the provided citation numbers were not sufficient to prove that the petitioner's work had a major impact rising to the level of sustained national or international acclaim.” AAO, 2019
What the 8 sustained decisions had
- 4 of 8 Contributions shown to be of major significance
“The appeal was sustained because the AAO determined that the petitioner met a third evidentiary criterion, 'contributions of major significance,' in addition to the two criteria conceded by the Director (judging and scholarly articles).” AAO, 2018
- 1 of 8 Published material about the person in major media
“The appeal was sustained because the AAO found the Petitioner met a third evidentiary criterion, for published material about his work in professional journals, which the Director had initially denied.” AAO, 2019
- 1 of 8 Judging the work of others documented
“The director had initially found the petitioner met only two criteria, but the AAO concurred on the 'judging' criterion and also found that evidence of well-cited articles and letters from experts established 'original scientific contributions of major…” AAO, 2010
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2024 | 5 (—) | 0 | 3 | 8 |
| 2023 | 1 (—) | 0 | 1 | 2 |
| 2022 | 4 (—) | 0 | 2 | 6 |
| 2021 | 2 (—) | 0 | 0 | 2 |
| 2020 | 5 (—) | 0 | 0 | 5 |
| 2019 | 4 (—) | 1 | 0 | 5 |
| 2018 | 5 (—) | 1 | 0 | 6 |
| 2016 | 3 (—) | 0 | 0 | 3 |
| 2015 | 7 (—) | 1 | 0 | 8 |
| 2014 | 7 (—) | 0 | 0 | 7 |
| 2013 | 18 (—) | 0 | 0 | 18 |
| 2012 | 18 (—) | 0 | 0 | 18 |
| 2011 | 39 (92.9%) | 3 | 0 | 42 |
| 2010 | 12 (—) | 1 | 0 | 13 |
| 2009 | 13 (—) | 1 | 0 | 14 |
| 2008 | 3 (—) | 0 | 0 | 3 |
| 2007 | 2 (—) | 0 | 0 | 2 |
| 2006 | 3 (—) | 0 | 0 | 3 |
| 2005 | 22 (100.0%) | 0 | 0 | 22 |
| 2004 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Original contributions of major significance | 103 | 6 | 115 | 89.6% |
| Authorship of scholarly articles | 98 | 8 | 113 | 86.7% |
| Prizes or awards | 107 | 1 | 110 | 97.3% |
| Judging | 92 | 8 | 105 | 87.6% |
| Membership in associations | 76 | 0 | 79 | 96.2% |
| Published material about the alien | 71 | 2 | 77 | 92.2% |
| Leading or critical role | 56 | 1 | 62 | 90.3% |
| High salary or remuneration | 37 | 0 | 39 | 94.9% |
| Artistic exhibitions or showcases | 30 | 0 | 31 | 96.8% |
| Commercial success in performing arts | 28 | 0 | 29 | 96.6% |
| Sustained national or international acclaim | 23 | 0 | 23 | 100.0% |
| Procedural/filing | 14 | 0 | 14 | — |
Example Decisions
Sample: published AAO non-precedent decisions collected from uscis.gov, 2004–2024. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
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