Swimmer And Multisport Athlete

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.

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.

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.