Synchronized Swimming Athlete, Coach, And Performer

The appeal was dismissed because the Petitioner met only two of the three required initial evidentiary criteria (awards and published material). The 'Master of Sports of Ukraine' certificate did not satisfy the membership criterion as it did not grant membership in an association requiring outstanding achievements. Furthermore, the Petitioner's athletic achievements, including NCAA Division II honors and a 2011 long-distance swim, did not demonstrate sustained national or international acclaim at the very top of the field.

The Petitioner satisfied only two criteria: prizes (national swimming titles) and memberships (National Swimming Team). The media coverage was not established as major media, and her role in the university team was not considered leading or critical for a distinguished organization as NAIA rankings were deemed insufficient context. No evidence of sustained acclaim was found since 2017, and her performance in the NAIA did not represent the top of the field compared to all U.S. collegiate swimming.

The appeal was dismissed because the Petitioner failed to establish eligibility under any of the claimed EB-1A criteria. Specifically, the Petitioner did not demonstrate memberships in associations requiring outstanding achievements, published material relating to his coaching work in major media, original contributions of major significance in his coaching field, a leading or critical role in distinguished organizations, a high salary relative to others in his field, or commercial successes in the performing arts (as his field is not performing arts). The AAO found that the evidence presented, including a base salary of $30,000.00 and total income of $40,951.00, was insufficient to meet the high salary criterion without comparative data.