dismissed EB-1A

Basketball Player

Athletics · 2025-04-17

Decision Date
2025-04-17
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 (Not Met)

The record did not establish that the associations require outstanding achievements of their members as judged by recognized national or international experts.

Awards (Not Met)

The Director determined the record does not satisfy this criterion, and the AAO reserved opinion as the petitioner failed other necessary criteria.

Leading or critical role (Not Met)

The Director determined the record does not satisfy this criterion (viii), and the AAO reserved opinion as the petitioner failed other necessary criteria.

Why This Petition Was Denied

The Petitioner failed to meet the membership criterion (8 C.F.R. § 204.5(h)(3)(ii)) because the record did not establish that the associations required outstanding achievements of their members as judged by national or international experts. Since the Petitioner did not assert eligibility for criteria (iii) through (vii) or (ix) through (x), he could not reach the minimum of three criteria even if awards and leading roles were satisfied. Consequently, the record did not demonstrate the required sustained national or international acclaim for EB-1A classification.

Evidence

Evidence Types
Professional Memberships
Awards
Evidence Submitted
  • Membership in associations (unspecified names in redacted text)
  • Plan to participate in regional, national, and international competitions
  • Plan to develop basketball initiation work for children
  • Plan to organize and manage a group of senior athletes

Similar Cases

Others

Sports

USCIS EB-1A dismissed
2025-03-13
The appeal was dismissed because the Petitioner met zero of the required three criteria. Specifically, evidence for awards (8 C.F.R. § 204.5(h)(3)(i)) lacked context on significance, and membership evidence (8 C.F.R. § 204.5(h)(3)(ii)) failed to prove the 'outstanding achievements' requirement for the National Snowboarding Team. Other claimed criteria (published material and judging) were not reached as the first two were dispositive.

Athlete

Sports

USCIS EB-1A dismissed
2024-04-17
The appeal was dismissed because the Petitioner failed to meet at least three EB-1A criteria. Awards won after the March 2023 filing date were ineligible for consideration, and the Petitioner failed to provide specific arguments or context for the leading/critical role and published material criteria.

Athlete

Sports · Kyrgyzstan

USCIS EB-1A rfe dismissed
2024-08-02
The appeal was dismissed because the Petitioner failed to establish eligibility for extraordinary ability by not meeting at least three of the ten regulatory criteria. Specifically, the AAO withdrew the Director's finding that the judging criterion was met, citing insufficient evidence regarding the nature and level of judging activities. The published material criterion was also not met due to outdated viewership statistics for the media outlet and the author not being identified. The awards criterion was not addressed as it would not change the outcome, and the membership criterion was met but insufficient on its own.

Others

Sports

USCIS EB-1A dismissed
2025-02-13
The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. While the Director found two criteria met (receipt of lesser awards and being the subject of published material), the AAO affirmed that the Petitioner did not demonstrate membership in professional associations requiring outstanding achievements by experts, nor a leading/critical role for organizations with distinguished reputations. For memberships, the evidence did not show recognized national or international experts judged team members. For leading/critical role, while a leadership role on a university team was acknowledged, the team's distinguished reputation was not established.

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: 2025-04-17.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist