Short answer
Usually not. A press release your company writes or pays to distribute is promotional material about the company, and the USCIS Policy Manual says such marketing and paid content is generally not published material about you. None was accepted in the 7 AAO decisions we reviewed. Independent articles about your work can count.
- The O-1A and EB-1A criteria require material about you, in major or professional media, with a title, date and author.
- Wire syndication on big news sites does not convert a release into journalism; reposting without edits adds nothing.
- A journalist’s story that grew from a release can qualify if your work is discussed substantially.
- Releases can still support other criteria, such as a critical role, when backed by independent evidence.
You raised a round, shipped a product or signed a major partner, and your company put out a press release. It ran on a newswire, then appeared on dozens of finance and local news sites. If you are preparing an O-1 visa or an EB-1A green card, it is natural to ask whether that counts as published material about you.
This guide is for founders, researchers and creatives with a stack of company announcements. It covers the regulation, the USCIS Policy Manual and how the Administrative Appeals Office has treated press releases in real decisions. Figures checked October 2026.
What does USCIS say about press releases?
USCIS does not use the words press release in the criterion, but its Policy Manual rules out most of them by description: material created to promote a person’s products or services, or paid for by the person or their employer, is generally not published material about the person. Two separate tests then apply to whatever is left.
The regulation for the EB-1A asks for “published material about the alien in professional or major trade publications or other major media,” and it must include the title, date and author of the material. The O-1A version, at 8 CFR 214.2(o)(3)(iii)(B)(3), uses almost the same words and the same title, date and author requirement. Without a major one-time award, an EB-1A needs at least three of ten criteria and an O-1A at least three of eight criteria.
The EB-1A chapter of the Policy Manual adds the language that decides most press release questions. Marketing materials created to sell the person’s products or promote their services “are not generally considered to be published material about the person,” and that includes “seemingly objective content about the person in major print publications that the person or the person’s employer paid for.” The material should be about the person and “not just about the person’s employer and the employer’s work.”
The same chapter also says the person need not be the only subject. A piece on a broader topic can count if it includes a substantial discussion of the person’s work and connects the person to it. That is why the answer is “usually not” rather than “never.”
The EB-1A asks for 3 of 10 criteria and the O-1A for 3 of 8, and the wording of this criterion differs slightly across classifications.
| Classification | Criterion wording | Criteria needed | What it means for a press release |
|---|---|---|---|
| EB-1A | Published material about the alien in professional or major trade publications or other major media | 3 of 10 | Policy Manual excludes marketing and paid content and employer-only material |
| O-1A | Published material in professional or major trade publications or major media about the beneficiary | 3 of 8 | Same about-the-person test; title, date and author required |
| O-1B (arts) | Critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals or magazines | three of six criteria | Wording includes material by the beneficiary, but it must show national or international recognition |
Source: USCIS Policy Manual, Vol. 6, Part F, Ch. 2 and Vol. 2, Part M, Ch. 4, checked October 2026.
The O-1B wording covers material “by or about” the artist, but it still has to show recognition in major publications, which a gallery’s own announcement rarely does. Our O-1B overview covers the arts criteria in full.
How has the AAO treated press releases in practice?
In the AAO decisions we reviewed, no press release was accepted as published material about the petitioner: 0 of 7 decisions that evaluated one under this criterion found that it qualified. The most common reason was that the outlet was never shown to be major media, followed by promotional purpose and the release being about something other than the person.
We searched the AAO’s published non-precedent decisions for EB-1A appeals that discuss a press release and kept only those where the AAO evaluated it under this criterion. It is a review of real decisions, not a random sample, so it shows patterns in reasoning rather than a rate to expect.
| Decision | Field | What was submitted | Why it did not count |
|---|---|---|---|
| April 2019 | Photography | Exhibition releases on aggregator sites | No author named; sites not shown to be major media |
| October 2019 | Biomedical research | Employer release run by local TV and radio sites | Not about the petitioner, named only as co-author; not shown to be major media |
| January 2020 | Classical music | Agency release on music blogs | Promotional, credited to a PR agency; not a news article about the petitioner; blogs not major media |
| May 2020 | Battery research | University release plus 18 copies | Not about the petitioner; copies derived from the release; aggregators; no individual authors |
| May 2021 | Engineering | Own company’s release on a TV station site | Designed to promote the petitioner’s services; circulation not shown |
| September 2022 | Biochemistry | Publisher and university releases, republished | Listed the petitioner only as author or contributor; marketing material; republication irrelevant |
| March 2023 | Computational modeling | Institutional release, reposted by others | Promotional by nature; reposting without edits adds nothing; host not shown to be major media |
Source: Einstein Visa Experts review of 7 AAO EB-1A decisions, 2019 to 2023, from USCIS AAO non-precedent decisions.
Counting the reasons across those seven decisions, the outlet failed the major media test in 6, the release was treated as promotional in 4, it was found not to be about the person in 4, reposting was rejected in 3 and a missing author was cited in 2. Most decisions gave more than one reason, which is why the counts add up to more than seven.
The March 2023 decision explains the pattern: “press releases in general are intended to promote the activities of the organizations that release them.” Accuracy is not the test. Independence is.
What if the release ran on Yahoo Finance, AP or a TV station site?
A newswire release that appears on a well known domain is still the same press release, and the AAO has said so directly. In a March 2023 EB-1A decision it wrote that “the reposting of press releases by other organizations without substantial edits or substantive comment” is simply the distribution of the original, not new published material.
Wire services such as PR Newswire, Business Wire and GlobeNewswire push one announcement to finance portals, station websites and aggregators within hours. The mastheads differ; the text does not.
The AAO’s May 2021 decision is the clearest example. An engineer submitted an article from a television station’s website. The printout showed it was a press release published by a company the petitioner owned, it directed readers to the petitioner’s website and carried a “Book an Appointment” button. The AAO found it was “designed to promote the Petitioner’s services” and that the outlet’s circulation was not shown.
How to spot wire copy in your own file
- A source tag in the dateline, such as a city followed by a wire service name.
- A boilerplate “About the company” paragraph and a media contact at the end.
- The same text, word for word, on every site that carries it.
- No byline from a staff journalist, or a byline that is the company or its agency.
Company news, founder coverage and the space in between
Coverage that grows out of a press release can count when an independent journalist adds reporting and makes you and your work a substantial part of the story. What matters is who wrote it, who paid for it and whom it is about, not where the idea started.
Of the 6 common types of company-related media below, only the last 2 are realistic candidates for this criterion.
| Item | Who wrote and paid | About you? | Likely treatment |
|---|---|---|---|
| Company press release on your own site | Company | About the company | Promotional; does not qualify |
| Same release syndicated by a newswire | Company, distributed for a fee | About the company | Reposting without edits; does not qualify |
| Sponsored or contributor post in a big outlet | You, your company or a paid program | Often | Paid content; generally excluded |
| News story on the company that quotes you | Staff journalist | Mostly the company | Weak unless your work is discussed substantially |
| Story rewritten from a release with new reporting | Staff journalist | Partly | Can qualify if your role is central and the outlet is major |
| Profile or feature about you and your work | Staff journalist | Yes | Strongest; still needs proof the outlet is major |
Source: Einstein Visa Experts analysis of the USCIS Policy Manual, Vol. 6, Part F, Ch. 2 and the AAO decisions reviewed above.
Two lines in the middle of the table decide most founder cases. A news story about your funding round that quotes you once is about the company. A story about the same round that explains the technology you built, why it matters and how you came to build it is substantially about your work. The AAO put it simply in a July 2023 decision: “a passing mention of the Petitioner is insufficient.”
Our guide to O-1 visa requirements covers the other O-1A criteria.
Why weak press evidence costs more in 2026
Officers are denying far more extraordinary ability petitions than they were a few years ago, so a criterion built on press releases is more likely to be challenged than waved through. EB-1A denial rates rose from 26.1% in FY 2022 Q1 to 46.6% in FY 2025 Q4, and NIW denials rose from 6.6% in FY 2022 Q1 to 64.3% in FY 2025 Q4, according to the American Immigration Council’s analysis of USCIS data.
The backlog grew at the same time. Pending EB-1A petitions climbed from 5,925 in FY 2022 to 21,157 in FY 2025, more than three times as many. A request for evidence on a weak criterion now costs more time.
There is also a structural reason officers are skeptical of company announcements. The Bureau of Labor Statistics counts 314,500 public relations specialists in 2025 against 47,100 news analysts, reporters and journalists, about 6.7 public relations specialists for every journalist. The criterion exists to capture the judgment of the second group.
The question is never whether your news was published. It is whether someone independent decided you were worth writing about.
How to turn company news into evidence that counts, step by step
Treat the press release as a starting point, not the coverage itself. The work is to find, or earn, independent articles about your role, and then document each outlet’s standing.
- Sort your file. Make three piles: releases and wire copy, company news that mentions you, and pieces substantially about you. Only the third is a real candidate.
- Check the basics. Title, date and author must be visible, with a certified translation where needed.
- Test whether it is about you. Highlight every paragraph on your work. A quote and a job title is company news.
- Prove the outlet’s standing. Gather independent circulation or readership data, or evidence that a trade publication leads your field. This was the most common gap in the decisions above.
- Earn coverage if the pile is thin. When a release prompts a journalist to call, make the interview about the work you led.
- Move company news where it helps. Releases can document facts for a critical role or original contributions, backed by independent evidence.
If your record needs more independent recognition before filing, that is what our profile building work is built around, with press presented honestly as what it is.
Illustrative profile: a seed-stage founder
Illustrative profile: a founder of a climate software startup has a file of twenty-two links. Eighteen are the same funding announcement, distributed by a newswire and carried by finance portals and local station sites. Three are trade newsletter items that quote the founder once. One is a feature in a leading industry publication that spends most of its length on the founder’s modeling approach and how she built it.
The eighteen copies are one press release, and the newsletter items are company news. The feature is the only strong candidate, and it still needs readership evidence. That is one qualifying article, not twenty-two, so the question becomes whether to earn more coverage or lean on other criteria. The announcement still helps document funding and investors for a critical role argument.
How it changes by field
The rule is the same everywhere; the releases people hold differ by career.
Founders and startup executives
Funding, launch and partnership announcements are the most common releases in petitions, and they are almost always about the company. Look for reported features that explain your role, and interviews where you are the subject. Releases are better used to show the company’s standing for the critical role criterion. See our page for founders and startup executives.
Researchers and scientists
University and journal press offices issue releases about papers, and outlets copy them. In the May 2020 and September 2022 decisions, the AAO treated those releases as being about the research, with the petitioner named only as an author or team member. Independent science journalism about your specific contribution is stronger. See our approach for researchers and scientists.
Engineers and tech professionals
Launch posts and engineering blog announcements are company marketing. Trade press that names you as the architect of a system and explains what it does can count. Read more on our engineers and tech page.
Artists and creatives
Gallery, label and festival announcements are the arts version of the press release. The O-1B wording is broader, but reviews by independent critics in major outlets remain the core of this criterion. See our guidance for artists and creatives.
Athletes
Team and federation releases promote the organization. Independent national coverage of your performance carries the weight.
Common mistakes with press evidence
- Counting syndicated copies as separate articles. In the May 2020 decision, eighteen articles derived from one university release were treated as one release, not eighteen pieces of coverage.
- Submitting the outlet’s name instead of its standing. A recognizable masthead is not proof of major media. The outlet was not shown to be major media in 6 of the 7 decisions we reviewed.
- Relying on a byline that is a company or agency. The regulation requires an author, and a release credited to a public relations agency was rejected in the January 2020 decision.
- Paying for placement. The Policy Manual excludes seemingly objective content that you or your employer paid for. Sponsored posts, paid contributor programs and pay-to-publish profiles fall into this group.
- Hiding your company’s ownership of the release. In the May 2021 decision, the printout itself showed the release came from the petitioner’s own company.
- Ignoring the final merits review. As the May 2020 decision noted, a single burst of attention says little about sustained acclaim.
If you have already received a request for evidence that questions your press, our RFE response work starts by sorting the file exactly this way.
Frequently asked questions
Does a press release count if a major newspaper republished it word for word?
Generally no. The AAO has said that reposting a press release without substantial edits or substantive comment is only the distribution of the original release. The host’s reputation does not change who wrote the text or why. A newspaper story that adds its own reporting and discusses your work in depth is a different item and can be evaluated on its own merits.
Do sponsored articles or paid contributor posts count as published material?
The USCIS Policy Manual says seemingly objective content about you in major publications that you or your employer paid for is generally not published material about you. That covers sponsored posts, advertorials and pay-to-publish programs.
What if the article is about my startup and only quotes me?
An article mainly about your company is not enough on its own. The Policy Manual says the material should not be just about the employer and its work. A broader piece can count if it substantially discusses your work and connects you to it, so the test is how much of the article explains what you personally built, decided or achieved.
Can a press release help my petition anywhere else?
Yes, as supporting documentation. A release can confirm dates, funding, partnerships or product launches that relate to other criteria, such as a leading or critical role for a distinguished organization or original contributions of major significance.
How many articles do I need to meet the published material criterion?
The regulation does not set a number. It asks for published material about you in professional or major trade publications or other major media. A few substantial, independent articles in documented outlets usually persuade more than a long list of mentions.
Is the rule different for the O-1B?
The O-1B wording covers critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines or other publications. That is broader on authorship, but the material must still show national or international recognition for achievements. A promotional announcement from a gallery, label or venue rarely shows that on its own.
Talking it through
The useful first step is an honest sort of your media file. In a consultation we go through each item with you, separate press releases and company news from coverage about you, check which outlets can be documented as major or professional media, and decide whether this criterion belongs in your petition or whether other criteria carry the case better. You can read how the process runs on how it works, or see how the criteria apply on our EB-1A page.
When the record is ready, we prepare the full petition, and it is reviewed, signed and filed by an independent licensed immigration attorney. If you would like a clear read on your press evidence, book a consultation.
Sources
- USCIS, Policy Manual Vol. 6, Part F, Ch. 2: Extraordinary Ability (checked October 2026)
- USCIS, Policy Manual Vol. 2, Part M, Ch. 4: O-1 Beneficiaries (checked October 2026)
- eCFR, 8 CFR 204.5(h)(3)(iii) (current as of October 2026)
- USCIS, AAO non-precedent decisions (2019 to 2023)
- USCIS AAO, EB-1A non-precedent decision (March 3, 2023)
- USCIS AAO, EB-1A non-precedent decision (May 26, 2021)
- USCIS AAO, EB-1A non-precedent decision (May 28, 2020)
- USCIS AAO, EB-1A non-precedent decision (July 10, 2023)
- American Immigration Council, From Petition to Permanent Residence: A Decade of USCIS Filing, Processing, and Backlog Trends (August 2026)
- U.S. Bureau of Labor Statistics, Occupational Outlook Handbook: Public Relations Specialists (2025)
- U.S. Bureau of Labor Statistics, Occupational Outlook Handbook: News Analysts, Reporters, and Journalists (2025)