Why does the AAO dismiss O-1A appeals from business & entrepreneurship petitioners?

Not shown to be among the small percentage at the top of the field (6 of 34 merits dismissals)

Is the 87.8% dismissal rate the O-1A approval rate for business & entrepreneurship?

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 business owners and entrepreneurs get an O-1A? What 41 AAO decisions say

Published AAO non-precedent decisions, 2004–2025 · updated 2026-10-16

Between 2004 and 2025 the AAO published 41 O-1A appeal decisions from business & entrepreneurship petitioners and sustained none of them. The most common ground for dismissal: not shown to be among the small percentage at the top of the field (6 of the 34 merits dismissals, 18%). 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

6 of 34 Not shown to be among the small percentage at the top of the field
“The AAO dismissed the appeal, agreeing that the evidence was insufficient to demonstrate that the beneficiary is one of the small percentage who has risen to the very top of the field of business.” AAO, 2013

No O-1A appeal from business & entrepreneurship petitioners was sustained in this period. The record shows what did not work; it does not show what would.

Outcomes by Year

Year	Dismissed	Remanded	Total
2025	1 (—)	0	1
2024	1 (—)	0	1
2022	1 (—)	1	2
2021	5 (—)	0	5
2018	1 (—)	0	1
2015	1 (—)	0	1
2014	10 (—)	0	10
2013	4 (—)	1	5
2011	2 (—)	1	3
2009	2 (—)	0	2
2007	2 (—)	0	2
2006	1 (—)	0	1
2004	3 (—)	0	3

Criteria Breakdown

Criterion	In Dismissed	Total	Dismissal Rate
Significant recognition	26	26	100.0%
Awards or prizes	22	25	88.0%
Sustained acclaim/extraordinary ability	15	18	—
Membership in associations	15	17	—
Published material	15	17	—
High salary or remuneration	13	15	—
Judging	12	14	—
Leading or critical role	12	14	—
Authorship of scholarly articles	10	12	—

Example Decisions

Dismissed2025-02-20The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met at least three of the required evidentiary criteria. The AAO rejected the petitioner's argument to submit 'comparable… Dismissed2024-09-19The appeal was dismissed because the petitioner failed to establish that the beneficiary met the required minimum of three evidentiary criteria. The AAO determined that articles authored by the beneficiary did not… Dismissed2022-03-23The motions to reopen and reconsider were dismissed because the petitioner failed to establish that the original decision was incorrect. The petitioner did not prove the beneficiary met the 'membership in associations'… Dismissed2021-08-12The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary met at least three of the required evidentiary criteria for an O-1A visa. The AAO agreed with the Director that the evidence… Dismissed2021-07-27The appeal was dismissed because the petitioner failed to prove the beneficiary met the minimum evidentiary criteria for O-1A classification. The AAO found that the evidence submitted, such as a 2007 tourism award, was…

Sample: published AAO non-precedent decisions collected from uscis.gov, 2004–2025. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.

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