Why does the AAO dismiss EB-1A appeals from education petitioners?

Not shown to be among the small percentage at the very top of the field (final merits) (24 of 60 merits dismissals); Awards not shown to be nationally or internationally recognized (7 of 60 merits dismissals)

Is the 93.1% dismissal rate the EB-1A approval rate for education?

No. These are published AAO decisions on appeals of denials, not all USCIS adjudications. Approved petitions are never appealed, so the dismissal rate on appeal is not an initial-filing approval rate. It shows which arguments the AAO rejected and which it accepted.

Can teachers and educators get an EB-1A? What 72 AAO decisions say

Published AAO non-precedent decisions, 2005–2025 · updated 2026-10-16

Between 2005 and 2025 the AAO published 72 EB-1A appeal decisions from education petitioners; 1 was sustained and 63 dismissed. The most common ground for dismissal: not shown to be among the small percentage at the very top of the field (final merits) (24 of the 60 merits dismissals, 40%). Second: awards not shown to be nationally or internationally recognized (7, 12%). What the sustained decision had: awards with documented national or international recognition. 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

24 of 60 Not shown to be among the small percentage at the very top of the field (final merits)
“The appeal was dismissed because the petitioner failed to establish sustained national or international acclaim in the field of education.” AAO, 2006
7 of 60 Awards not shown to be nationally or internationally recognized
“The AAO determined that her awards were not shown to be nationally or internationally recognized for excellence and that her memberships did not require outstanding achievements.” AAO, 2018

What the 1 sustained decision had

1 of 1 Awards with documented national or international recognition
“The petitioner successfully demonstrated that he met at least three regulatory criteria: receipt of nationally recognized awards, authorship of scholarly articles, and serving in a leading or critical role for distinguished organizations.” AAO, 2008

Outcomes by Year

Year	Dismissed	Sustained	Remanded	Total
2025	1 (—)	0	0	1
2024	4 (—)	0	2	6
2023	7 (—)	0	0	7
2022	3 (—)	0	1	4
2021	1 (—)	0	0	1
2020	5 (—)	0	0	5
2019	5 (—)	0	0	5
2018	4 (—)	0	0	4
2017	5 (—)	0	0	5
2016	3 (—)	0	0	3
2015	4 (—)	0	0	4
2014	2 (—)	0	0	2
2013	3 (—)	0	0	3
2012	6 (—)	0	0	6
2011	2 (—)	0	0	2
2010	2 (—)	0	0	2
2009	3 (—)	0	0	3
2008	1 (—)	1	1	3
2006	1 (—)	0	0	1
2005	1 (—)	0	0	1

Criteria Breakdown

Criterion	In Dismissed	In Sustained	Total	Dismissal Rate
Prizes or awards	54	1	57	94.7%
Judging	34	0	35	97.1%
Authorship of scholarly articles	26	1	30	86.7%
Original contributions of major significance	25	0	27	92.6%
Published material about the alien	26	0	27	96.3%
Leading or critical role	22	1	25	88.0%
Membership in associations	22	0	22	100.0%
High salary or remuneration	11	0	12	—
Artistic exhibitions or showcases	10	0	11	—

Example Decisions

Sustained2008-03-10The appeal was sustained because the AAO found that the director failed to properly evaluate the evidence. The petitioner successfully demonstrated that he met at least three regulatory criteria: receipt of nationally… Dismissed2024-03-04The appeal was dismissed because the petitioner failed to prove the beneficiary met the high standard for extraordinary ability. The beneficiary's 'Teacher of the Year Award' was not found to qualify as a major,… Dismissed2023-02-09The motion was dismissed because the petitioner failed to demonstrate that his achievements, particularly a Brazilian jiu-jitsu medal, amounted to sustained national or international acclaim in his field of law… Dismissed2020-01-06The appeal was dismissed because the petitioner failed to meet the required minimum of three evidentiary criteria. While USCIS acknowledged that the petitioner met the criteria for judging others' work and for scholarly… Dismissed2021-07-09The motion to reconsider was dismissed because the petitioner failed to establish that the previous decision was based on an incorrect application of law or policy. The petitioner misconstrued the AAO's prior… Dismissed2017-08-18The appeal was dismissed because the petitioner failed to demonstrate eligibility for at least three of the required evidentiary criteria. The Director found the petitioner met none of the criteria, and the AAO agreed,…

In sustained EB-1A appeals for Education petitioners, the AAO credited evidence such as peer-reviewed publications with documented scholarly reception. Dismissed cases most often lacked that the awards were nationally or internationally recognized (not merely regional or local); that contributions were of major significance in the field (not routine or incremental); sustained national or international acclaim in the final merits determination.

Sample: published AAO non-precedent decisions collected from uscis.gov, 2005–2025. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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