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dismissed EB-1A RFE Issued

Aquatic Coach -Instructor, Head Coach -Instructor

Athletics · 2024-10-01

Decision Date
2024-10-01
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

0 of 3 criteria met
Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. (Not Met)

The Petitioner claimed membership in the I I swim team but did not provide evidence that this organization requires outstanding achievements or that it is a coaching association, which is the field for which classification is sought.

Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. (Not Met)

The Petitioner provided articles from SwimSwam and Best Swimming about his competitive swimming accomplishments, but these did not relate to his work as a coach or instructor, nor was evidence provided to show these publications are major media.

Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. (Not Met)

The Petitioner did not identify specific original athletic-related contributions of major significance in the coaching field. Letters from experts discussed competitive swimming achievements but failed to demonstrate that the Petitioner's original work influenced the coaching field in a substantial way.

Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation. (Not Met)

The Petitioner claimed a leading role but did not identify specific organizations or provide evidence that his coaching positions were leading roles or that the organizations (I I swim team, ______) have a distinguished reputation.

Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field. (Not Met)

The Petitioner's employment agreement showed a base salary of $30,000.00 and a 2023 total income of $40,951.00, but no comparative evidence was provided to demonstrate that this remuneration is high relative to other swim coaches in the field.

Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk or video sales. (Not Met)

This criterion was deemed inapplicable as the Petitioner's field is not in the performing arts, and no evidence of sales or box office receipts was provided.

Why This Petition Was Denied

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for six specific EB-1A criteria, but the Director noted that the Petitioner did not clearly indicate which evidence should be reviewed for each claimed criterion. The Petitioner's response on appeal did not adequately address these deficiencies or provide comparable evidence.

RFE Targets
Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought.Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk or video sales.

Evidence

Evidence Types
Published Material
Reference Letters Dependent
High Salary
Professional Memberships
Original Contributions
Leading Role
Commercial Success
Evidence Submitted
  • articles relating to accomplishments as a competitive swimmer in SwimSwam and Best Swimming
  • letters from experts in the field
  • letter from I I President discussing competitive swimming achievements (e.g., gold medal in 400-meter Freestyle Mix Relay)
  • employment agreement with ______
  • 2023 U.S. Individual Income Tax Return showing total income of $40,951.00

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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: 2024-10-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 7

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

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