Snowboarder

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.

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.

The Petitioner failed to meet any of the evaluated EB-1A criteria. The awards were internal employer recognitions, memberships did not require outstanding achievements judged by experts, and there was no evidence of published material about the Petitioner or proof that his original contributions were of major significance in the field.

The appeal was dismissed because the Petitioner failed to demonstrate she met the criterion for membership in professional associations (8 C.F.R. § 204.5(h)(3)(ii)). Evidence for membership in the Actors' Equity Association (AEA) did not show that outstanding achievements, judged by national or international experts, were a condition for membership. The Director had found only one criterion met (8 C.F.R. § 204.5(h)(3)(i)), and without meeting the second, the Petitioner could not satisfy the minimum three criteria required for extraordinary ability. The AAO did not make a final merits determination on other claimed criteria.