dismissed EB-1A
Physical Education Specialist
Physical Education · 2022-03-22
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
3 of 3 criteria metJudging the work of others (Met)
The Petitioner served as an evaluator on examination boards for final papers and student works.
Scholarly Articles (Met)
The Petitioner authored a journal article and presented research at international conferences.
Leading or Critical Role (Met)
The Petitioner served as a coordinator of an exercise physiology laboratory and as an officer in a professional organization.
Memberships (Not Met)
Memberships in the Paralympic Academy and board of directors did not require outstanding achievements for entry.
Original Contributions (Not Met)
Reference letters failed to provide specific evidence of the impact or widespread utilization of the Petitioner's research by others.
High Salary (Not Met)
The record did not establish that the Petitioner's earnings were high relative to others at the very top of the field.
Why This Petition Was Denied
The Petitioner's publication record (4 documents in 15 years) and citation history were deemed insufficient to show significant impact. His judging experience was limited to local examination boards and student works, and his leading roles at a pulmonary rehabilitation center did not result in widespread national or international recognition.
Evidence
Evidence Types
Peer Reviewed Publications
Conference Presentations
Professional Memberships
Judging Experience
Original Contributions
High Salary
Reference Letters Dependent
Evidence Submitted
- Judging: Evaluator for examination boards at various institutions (2014-2017)
- Scholarly Articles: Author of 'The Effect of Physical Activity on the Quality of Life' (2003) and conference presentations (ICSEMIS 2016, 40th International Symposium on Sports Sciences 2017)
- Leading/Critical Role: Coordinator of the exercise physiology laboratory at a pulmonary rehabilitation center since 2005
- Leading/Critical Role: First Secretary of a professional association since 2016
- Memberships: Paralympic Academy, board of directors of a professional association
- High Salary: Income from employment at a rehabilitation center
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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: 2022-03-22.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 3 / 3
Evidence Types 7
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
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