Professional Water Skier

The AAO withdrew the Director's decision and remanded the matter because the Director failed to adequately analyze the evidence, including the RFE response, and did not fully explain the reasons for denial. Specifically, the Director made conclusory determinations regarding claimed criteria such as memberships (8 C.F.R. § 204.5(h)(3)(ii)), published materials (8 C.F.R. § 204.5(h)(3)(iii) - failing to acknowledge a Sports Illustrated article), and leading roles (8 C.F.R. § 204.5(h)(3)(viii)), without specific reference to or analysis of the submitted evidence.

The Director acknowledged the Petitioner's national and regional international medals and records but found his performance on the 'elite international swimming scene' insufficient, noting he did not medal in world championships or qualify for the 2020 Olympic Games. The AAO determined the Director erred by not considering the Petitioner's bronze medal at the U.S. Open Swimming Championship, an event described as a 'major international award' and 'one of the pre-eminent international swimming competitions,' which could demonstrate his place among the top in his field.

The Director initially denied the petition because the petitioner did not demonstrate a major, internationally recognized award and only met two of the ten evidentiary criteria (judging and artistic display). The AAO, upon de novo review, determined that the Director erred in evaluating the 'published material' criterion, finding that the petitioner did meet it based on articles in 'The Star [S-]', which was deemed a major media outlet in the petitioner's home country. With three criteria met (published material, judging, artistic display), the case was remanded for a final merits determination.