dismissed EB-1A RFE Issued
Brazilian Jiu-Jitsu Competitor
Brazilian Jiu-Jitsu Competitor · Brazil · 2025-03-31
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 metOne-time Achievement / Awards (Not Met)
The record lacked adequate objective evidence to establish a major, internationally recognized award or a one-time achievement.
Why This Petition Was Denied
The Petitioner failed to respond to specific evidentiary shortcomings identified in an RFE, rendering those arguments procedurally barred on appeal. Substantively, the record lacked evidence of a one-time major achievement or documentation satisfying at least three of the ten EB-1A criteria. The Petitioner did not demonstrate being part of the small percentage at the very top of the field or having a career of acclaimed work.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director requested evidence for a one-time achievement and regulatory criteria, but the Petitioner ignored these requests in the response, addressing only prospective benefit.
RFE Targets
One-time Achievement / Awards
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The motion to reopen was dismissed due to a lack of new facts or documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the AAO found its reliance on Krasniqi v. Dibbins for merit-based awards was correct, the petitioner's awards were for participation, not excellence. The petitioner also failed to show error in the analysis of the leading or critical role criterion, or the high salary criterion, as no comparative evidence was provided to show the salary was high in relation to others in the field.
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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.
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-31.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 3
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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