dismissed EB-1A
Athlete
Sport · 2024-04-17
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
2 of 3 criteria metPrizes or Awards (Met)
The Director determined the Petitioner met the criteria relating to prizes or awards.
Memberships (Met)
The Director determined the Petitioner met the criteria relating to membership in associations.
Published Material (Not Met)
The Petitioner failed to provide specific arguments or develop the claim for this criterion on appeal.
Leading or Critical Role (Not Met)
The Petitioner did not provide an explanation of how the submitted material satisfied the regulatory requirements for a leading or critical role.
Why This Petition Was Denied
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.
Evidence
Evidence Types
Awards
Professional Memberships
Reference Letters Independent
Evidence Submitted
- Prizes or awards
- Memberships
- Expert letters from athletes and trainers
- Claims of international championships
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Others
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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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USCIS EB-1A rfe dismissed
2025-03-31
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.
Project Manager
Engineering · Jordan
USCIS EB-1A rfe dismissed
2024-07-10
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.
Unknown Position
Others
USCIS EB-1A rfe remanded
2024-09-04
The AAO withdrew the Director's decision and remanded the case because the Director incorrectly concluded that the Petitioner did not articulate what evidence was being submitted for consideration under at least three of the 10 initial evidentiary criteria. The AAO found that the Petitioner's RFE response brief clearly articulated evidence for the first, fifth, and ninth criteria, thus necessitating a new decision by the Director.
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: 2024-04-17.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 2 / 3
Evidence Types 3
EB-1A Case Data
Scraped Case Data
Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300
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