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dismissed EB-1A RFE Issued

Professional Pickleball Player

Athletics · 2024-09-11

Decision Date
2024-09-11
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

1 of 3 criteria met
Lesser nationally or internationally recognized prizes or awards (Met)

The Petitioner's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor was determined to be met by the Director, and the AAO agreed.

Published material about the alien in professional or major trade publications or other major media (Not Met)

Evidence of televised matches, a YouTube interview, and an article on a ranking website was deemed insufficient due to lack of transcripts for video/audio and failure to prove the website was a major publication.

High salary or other significantly high remuneration (Not Met)

The Petitioner provided documentation of tournament prize money and sponsorships but failed to provide objective earnings data for comparison against others in the field, as mandated by the criterion.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)

The Petitioner's professional rankings and pickleball paddle sponsorships were not sufficiently explained as original contributions of major significance to the field as a whole.

Performed in a leading or critical role for organizations or establishments that have a distinguished reputation (Not Met)

The Petitioner's claims regarding pickleball as a future Olympic sport and success at major tournaments were not accepted as evidence of a leading or critical role, and the argument for comparable evidence was not sufficiently demonstrated.

Membership in associations which require outstanding achievements of their members (Not Met)

Professional rankings were submitted as comparable evidence, but this was rejected as evidence for one criterion cannot be presumptive comparable evidence for another, and the comparison was not sufficiently explained.

Commercial successes in the performing arts (Not Met)

Claims of prominent victories were advanced as comparable evidence, but the record lacked sufficient evidence comparable to box office receipts or sales to demonstrate commercial success relative to others.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the initial evidentiary requirement of satisfying at least three of the ten regulatory criteria for extraordinary ability. While the 'prizes or awards' criterion was met, evidence for 'published material' was insufficient (lacking transcripts and proof of major media). For 'high salary', objective earnings data for comparison to others in the field was missing. 'Original contributions' lacked explanation of major significance. 'Leading role' was not demonstrated, and the comparable evidence argument was rejected. 'Memberships' and 'commercial success' criteria were also not met, with comparable evidence claims being insufficient. No specific publication or citation counts were provided in the text.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence and clarification on several criteria, as the Petitioner initially claimed to meet all ten. The Petitioner's response led to a retreat from some claims, and the Director found only the 'prizes or awards' criterion to be met.

RFE Targets
Published material about the alien in professional or major trade publications or other major mediaHigh salary or other significantly high remunerationOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significancePerformed in a leading or critical role for organizations or establishments that have a distinguished reputationMembership in associations which require outstanding achievements of their membersCommercial successes in the performing arts

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
High Salary
Evidence Submitted
  • televised matches (CBS Sports, ESPN+)
  • YouTube interview
  • article on a ranking system's website
  • tournament prize money
  • sponsorships
  • professional rankings
  • letter from a professional pickleball player

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

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