remanded EB-1A
Competitive Swimmer
Athletics · Mexico · 2025-02-25
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
4 of 3 criteria metReceipt of lesser nationally or internationally recognized awards for excellence in the field (Met)
The Petitioner submitted evidence of multiple medals at national and regional international competitions, including a bronze medal at the U.S. Open Swimming Championship.
Membership in associations in the field which require outstanding achievements of their members (Met)
The Petitioner provided evidence of membership in associations requiring outstanding achievements.
Published material about the alien in professional or major trade publications or other major media (Met)
The Petitioner submitted evidence of being the subject of published material about his work in the field.
Performance of a leading or critical role for organizations or establishments that have a distinguished reputation (Met)
The Petitioner provided evidence of performing in a leading or critical role for organizations with distinguished reputations, such as swimming for a team in the International Swimming League.
Why This Petition Was Remanded
The Director acknowledged the Petitioner's national and regional international medals and records but found his performance on the 'elite international swimming scene' insufficient, noting he did not medal in world championships or qualify for the 2020 Olympic Games. The AAO determined the Director erred by not considering the Petitioner's bronze medal at the U.S. Open Swimming Championship, an event described as a 'major international award' and 'one of the pre-eminent international swimming competitions,' which could demonstrate his place among the top in his field.
Evidence
Evidence Types
Awards
Professional Memberships
Media Coverage
Leading Role
Evidence Submitted
- multiple medals at the Central American and Caribbean Games
- Mexican national records
- competed in the Pan American Games
- qualified for multiple FINA World Championships
- bronze medal in the U.S. Open Swimming Championship
- Membership in associations requiring outstanding achievements in the field
- Status as a subject of published material about his work in the field
- Performance in a leading or critical role for organizations with distinguished reputations
Similar Cases
Others
Sports
USCIS EB-1A rfe dismissed
Kentucky 2022-03-02
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.
Others
Sports · Ukraine
USCIS EB-1A dismissed
2023-11-30
The appeal was dismissed because the Petitioner met only two of the three required initial evidentiary criteria (awards and published material). The 'Master of Sports of Ukraine' certificate did not satisfy the membership criterion as it did not grant membership in an association requiring outstanding achievements. Furthermore, the Petitioner's athletic achievements, including NCAA Division II honors and a 2011 long-distance swim, did not demonstrate sustained national or international acclaim at the very top of the field.
Coach
Sports
USCIS EB-1A rfe dismissed
2024-10-01
The appeal was dismissed because the Petitioner failed to establish eligibility under any of the claimed EB-1A criteria. Specifically, the Petitioner did not demonstrate memberships in associations requiring outstanding achievements, published material relating to his coaching work in major media, original contributions of major significance in his coaching field, a leading or critical role in distinguished organizations, a high salary relative to others in his field, or commercial successes in the performing arts (as his field is not performing arts). The AAO found that the evidence presented, including a base salary of $30,000.00 and total income of $40,951.00, was insufficient to meet the high salary criterion without comparative data.
Others
Sports · Venezuela
USCIS EB-1A dismissed
Florida 2024-04-29
The appeal was dismissed because the Petitioner did not establish sustained acclaim; her achievements ended around 2015-2016 and were non-existent for nearly eight years prior to the 2023 filing. While she joined a professional water dance company, this occurred post-petition and lacked evidence of associated accolades.
Frequently Asked Questions
A remanded EB-1A petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-25.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 4 / 3
Evidence Types 4
EB-1A Case Data
Scraped Case Data
Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist