dismissed EB-1A RFE Issued

Taekwon-Do Athlete

Taekwon-Do (Martial Arts) Athlete · Kyrgyzstan · 2024-08-02

Decision Date
2024-08-02
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
Membership in associations requiring outstanding achievements (Met)

The Director's determination that the Petitioner met this criterion was not disturbed by the AAO.

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

The AAO reserved discussion on this criterion, implying it was not met or not sufficiently established to change the outcome, as the Petitioner did not meet the overall three-criteria requirement.

Published material about the individual in professional or major media (Not Met)

The Petitioner failed to provide contemporaneous viewership statistics for the website and did not identify the author of the article. Evidence for the TV appearance also lacked substantiation of content and major media qualification.

Participation as a judge of the work of others (Not Met)

The Petitioner's certificate for 'help in judging' was deemed insufficient without additional documentation on the specifics of the judging activities, the level of participants, or how he was selected as an official judge.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for extraordinary ability by not meeting at least three of the ten regulatory criteria. Specifically, the AAO withdrew the Director's finding that the judging criterion was met, citing insufficient evidence regarding the nature and level of judging activities. The published material criterion was also not met due to outdated viewership statistics for the media outlet and the author not being identified. The awards criterion was not addressed as it would not change the outcome, and the membership criterion was met but insufficient on its own.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence regarding the nature of the Petitioner's judging activities, including the work judged, skill level of participants, invitation, selection, and event details. The Petitioner's response, which included an additional copy of the initial certificate and information already on it, was found inadequate.

RFE Targets
Participation as a judge of the work of others

Evidence

Evidence Types
Awards
Professional Memberships
Media Coverage
Judging Experience
Evidence Submitted
  • certificate for help in judging at 2018 ITF Championship
  • interview article on barakelde.org (B-)
  • appearance on NTS TV Network (N-) morning show

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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: 2024-08-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 883
Success Rate 52.8%
Sustained 466
Dismissed 300

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