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dismissed EB-1A

Security Manager And Fitness Trainer

Security Manager And Fitness Trainer · Kazakhstan · 2024-09-30

Decision Date
2024-09-30
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
Participation as a judge of the work of others (Met)

The Petitioner served as one of nine judges at the [name] in 2014, evaluating athletes based on specific criteria, which meets this criterion.

Lesser nationally or internationally recognized prizes or awards (Not Met)

The Petitioner's 'Diploma' and 'Letter of Appreciation' were not demonstrated to be nationally or internationally recognized for excellence in the field, lacking evidence of significance beyond employer/military unit recognition or media coverage.

Membership in associations requiring outstanding achievements (Not Met)

Membership in the Kazakhstan Federation of Boxing (KFB) and the Oidene Hand-to-Hand Combat Federation (OHCF) did not establish that admission requires outstanding achievements judged by recognized national or international experts.

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

The 'Methodological Manual for Hand-to-Hand Fighting' and coaching accomplishments were not shown to have major significance or substantial influence beyond the Petitioner's immediate organization, instructors, coaches, and students.

Display of work at artistic exhibitions or showcases (Not Met)

The Petitioner's master class instruction in fighting skills was not considered a display of work at artistic exhibitions or showcases, as the field is not in the arts.

Performance in a leading or critical role for organizations with a distinguished reputation (Not Met)

The Petitioner failed to present evidence demonstrating that the Oidene Hand-to-Hand Combat Federation (OHCF), Ministry of Internal Affairs, and State Security Service of the Republic of Kazakhstan have a distinguished reputation.

High salary or other significantly high remuneration (Not Met)

The Petitioner did not contest the Director's finding that he did not meet the high salary criterion.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate eligibility for extraordinary ability. The AAO found the Petitioner only met one of the ten regulatory criteria (judging) and did not establish the required three criteria. Specifically, the Petitioner's 'Diploma' and 'Letter of Appreciation' were not shown to be nationally or internationally recognized awards. Memberships in the Kazakhstan Federation of Boxing (KFB) and the Oidene Hand-to-Hand Combat Federation (OHCF) did not require outstanding achievements judged by experts. Original contributions, such as the 'Methodological Manual for Hand-to-Hand Fighting,' were not shown to be of major significance beyond the Petitioner's immediate sphere. The master class instruction was not considered an artistic exhibition, and the organizations for which the Petitioner claimed a leading role (OHCF, Ministry of Internal Affairs, State Security Service of the Republic of Kazakhstan) were not proven to have a distinguished reputation. The Petitioner also did not contest the Director's finding that he did not meet the high salary criterion.

Evidence

Evidence Types
Awards
Professional Memberships
Judging Experience
Original Contributions
Reference Letters Dependent
Leading Role
High Salary
Exhibitions
Evidence Submitted
  • 2021 \Diploma\ from the [name] for achievements in work and impeccable service in the Internal Affairs Bodies
  • \Letter of Appreciation\ addressed to parents from the \Commander of [name]\ for fulfilling military duty
  • Membership with the Kazakhstan Federation of Boxing (KFB)
  • Membership with the Oidene Hand-to-Hand Combat Federation (OHCF)
  • Letter from [name] stating Petitioner served as one of nine judges at the [name] in 2014
  • Letters of support from colleagues
  • Document entitled \Methodological Manual for Hand-to-Hand Fighting [name]\

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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: 2024-09-30.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 8

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 Kazakhstan All EB-1A Cases EB-1A Dashboard

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