Visalytics
Visalytics
dismissed EB-1A RFE Issued

MMA Athlete

Mixed Martial Arts (MMA) Athlete · Russia · 2025-01-31

Decision Date
2025-01-31
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

1 of 3 criteria met
Receipt of lesser nationally or internationally recognized prizes or awards for excellence (Met)

The Director concluded that the Petitioner provided evidence meeting this criterion, specifically for receipt of lesser nationally or internationally recognized prizes or awards for excellence in her field of endeavor.

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

The Petitioner's new evidence regarding membership in Russian national judo and MMA teams was found insufficient, as it was not apparent that these teams require outstanding achievements or that selectors are nationally/internationally recognized experts.

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

Newly submitted academic articles and YouTube channel information were deemed insufficient to establish that the publications were major trade/professional publications or major media.

Participation as a judge of the work of others in the same or an allied field (Not Met)

The AAO reserved a definitive finding on this criterion due to inconsistencies in the Petitioner's refereeing book and its translation, but noted that even if met, it would only bring the total to two criteria, still below the required three.

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

The Petitioner raised this criterion for the first time on motion, and it was declined for consideration as it was waived by not being raised on appeal and the ineffective assistance claim was rejected.

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

The Petitioner raised this criterion for the first time on motion, and it was declined for consideration as it was waived by not being raised on appeal and the ineffective assistance claim was rejected.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed. The motion to reopen failed because the Petitioner did not present new facts or sufficient evidence to support claims of ineffective assistance or to establish eligibility under new criteria (original contributions, leading role, memberships, published material, judging). The motion to reconsider failed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, particularly regarding the consideration of new evidence on appeal. The AAO found inconsistencies in the translation of the refereeing book, reducing its reliability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE). The Petitioner claimed her non-attorney preparer responded to the RFE without requesting necessary documents from her, which she asserted led to the denial of her petition.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Media Coverage
Judging Experience
Evidence Submitted
  • letters of support
  • affidavit
  • translated screen captures of foreign-language messages
  • Russian refereeing records
  • documentation regarding the Russian Federation judo team
  • materials from the Russian MMA federation
  • academic article about the website sports.ru
  • YouTube channel profile page

Similar Cases

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 rfe dismissed
2024-08-08
The appeal was dismissed because the Petitioner failed to demonstrate a major, internationally recognized award, as the UFC win and locker bonus were not comparable to awards like the Nobel Prize or Olympic Medal and lacked global media reporting. The Petitioner also failed to meet at least three of the ten alternate criteria; specifically, the black belt ranking was not an award, UFC membership did not require outstanding achievements, and the 'signature move' was not corroborated as an original contribution of major significance beyond individual fights. The Director had found published material and high salary met, but these were not enough to reach the three-criteria threshold.

Others

Sports

USCIS EB-1A dismissed
2024-11-05
The appeal was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. Specifically, the Petitioner only met one of the ten EB-1A criteria (lesser nationally or internationally recognized awards). Evidence for 'published material' was deemed insufficient due to the publications' limited reach and demise, and 'original contributions' lacked proof of major significance or widespread adoption. The criterion for 'judging' was not evaluated as it would not change the outcome.

Others

Sports · Brazil

USCIS EB-1A rfe dismissed
2024-12-02
The AAO dismissed the appeal because the petitioner failed to establish a one-time achievement or meet at least three of the 10 EB-1A criteria. Specifically, criteria for lesser awards (i), memberships (ii), published material (iii), original contributions (v), and artistic exhibitions (vii) were not met. For awards, the context for excellence was not established. For memberships, the black belt requirements did not necessitate outstanding achievements. For published material, the publications were not proven to be 'major trade publications or other major media'. For original contributions, the organized tournament was not shown to be of 'major significance'. For exhibitions, Brazilian jiu-jitsu competitions were deemed athletic, not artistic, and thus did not qualify.

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

More dismissed cases More Sports cases More cases from Russia

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-31.

Browse all cases

At a Glance

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

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

Related Pages

EB-1A Overview EB-1A in Russia All EB-1A Cases EB-1A Dashboard

Get Case Insights

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

Join Waitlist