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dismissed EB-1A RFE Issued

Taekwondo Instructor

Taekwondo · Nepal · 2024-08-15

Decision Date
2024-08-15
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 Director and AAO agreed that the Petitioner met this criterion based on his participation as a judge of the work of others in his field.

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

Petitioner submitted evidence of several medals as a taekwondo athlete, but failed to establish that these awards were nationally or internationally recognized for excellence in the field, or the prestige of the tournaments.

Membership in associations requiring outstanding achievements (Not Met)

Petitioner provided evidence of membership in taekwondo associations and dan levels, but did not demonstrate that these associations require outstanding achievements for the specific level of membership held.

Published material about the alien in professional or major trade publications or other major media (Not Met)

Petitioner submitted articles from Nepalese media, but failed to provide author information for some, and did not sufficiently establish that the publications qualified as professional or major trade publications or other major media.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. While the Petitioner provided evidence of medals as an athlete, these awards were not established as nationally or internationally recognized for excellence in the field. Membership in taekwondo associations did not demonstrate a requirement for outstanding achievements, and published material lacked author information and failed to establish the media as 'major' publications. The AAO found the petitioner only met the 'judging' criterion, falling short of the required three criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national or international recognition of the Petitioner's awards, the outstanding achievement requirements for his association memberships, and the author information and 'major media' status of published articles. The Petitioner's response, including new evidence on appeal, was deemed insufficient to resolve these concerns.

RFE Targets
Lesser nationally or internationally recognized prizes or awardsMembership in associations requiring outstanding achievementsPublished material about the alien in professional or major trade publications or other major media

Evidence

Evidence Types
Awards
Media Coverage
Professional Memberships
Judging Experience
Evidence Submitted
  • medals as a taekwondo athlete (gold, silver, bronze)
  • certificates of awards
  • letters from Nepal Olympic Committee and K-I-T-C- verifying awards
  • membership in taekwondo associations (Nepal Taekwondo Association, World Taekwondo Headquarters, USA Masters Team)
  • promotion to fourth and fifth dan taekwondo levels
  • articles from Nepalese newspapers and websites (Annapurna Post, Annapurna National Daily, www.nepalmala.com)
  • participation as a judge of the work of others

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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: 2024-08-15.

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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 919
Success Rate 53.0%
Sustained 487
Dismissed 315

Related Pages

EB-1A Overview EB-1A in Nepal All EB-1A Cases EB-1A Dashboard

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