dismissed EB-1A RFE Issued
Competitive Swimmer
Athletics · 2022-03-02
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
2 of 3 criteria metLesser nationally or internationally recognized prizes or awards (Met)
The Petitioner's national swimming titles between 2014 and 2017 were determined to be qualifying prizes.
Membership in associations that require outstanding achievements (Met)
Membership in the National Swimming Team was accepted as a qualifying membership.
Published material about the individual in professional or major media (Not Met)
The Petitioner failed to establish that the newspapers were major media, and other trade articles were not specifically about her.
Leading or critical role for distinguished organizations (Not Met)
The Petitioner did not prove the university team had a distinguished reputation or that her role in the national team was critical.
Why This Petition Was Denied
The Petitioner satisfied only two criteria: prizes (national swimming titles) and memberships (National Swimming Team). The media coverage was not established as major media, and her role in the university team was not considered leading or critical for a distinguished organization as NAIA rankings were deemed insufficient context. No evidence of sustained acclaim was found since 2017, and her performance in the NAIA did not represent the top of the field compared to all U.S. collegiate swimming.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE addressed the leading or critical role criterion; the Petitioner responded with a letter from the National Swimming Federation which was found to be non-specific.
RFE Targets
Leading or critical role for distinguished organizations
Evidence
Evidence Types
Awards
Professional Memberships
Media Coverage
Reference Letters Dependent
Evidence Submitted
- National swimming titles/medals (2014-2017)
- Membership in the National Swimming Team
- Two articles in newspapers (2019)
- Copyright for a training program
- Rosters and results in SwimSwam and Swimming World
- Participation in international youth games (Israel 2015, Bulgaria 2016, Czech Republic 2017)
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Frequently Asked Questions
A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-03-02.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 4
EB-1A Case Data
Scraped Case Data
Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300
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