Visalytics
Visalytics
dismissed EB-1A RFE Issued

Triathlete

Triathlete · Venezuela · 2024-09-12

Decision Date
2024-09-12
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 met
Lesser nationally or internationally recognized awards (Met)

The Petitioner received a Bronze Medal at the 2022 [redacted] Women's category, which the AAO found to be a nationally recognized prize for excellence as a triathlete, overturning the Director's conflicting assessment.

Published material about the alien in major trade or professional publications or other major media (Met)

The Director concluded, and the record supported, that the Petitioner met this criterion based on published materials about her in major media, which was not challenged on appeal.

Memberships in associations that require outstanding achievements (Not Met)

The Petitioner's participation in national teams (2014 [redacted] and 2014 [redacted]) was not sufficiently proven to be a 'membership' requiring outstanding achievements judged by experts, as evidence of selection process, bylaws, or expert involvement was lacking despite an RFE request.

Performing in a leading or critical role for organizations or establishments with a distinguished reputation (Not Met)

The Petitioner's role as a participant/competitor in events organized by [redacted] and [redacted] was not established as a 'leading or critical role' for the organizations themselves, as no specific duties or impact beyond individual performance were demonstrated.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the minimum requirement of satisfying at least three of the ten evidentiary criteria for extraordinary ability. While the AAO found the Petitioner met the 'lesser nationally or internationally recognized awards' criterion and the Director found the 'published materials' criterion met, the 'memberships' and 'leading or critical role' criteria were not satisfied. The record did not demonstrate sustained national or international acclaim or that the Petitioner was among the small percentage at the very top of the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence for all claimed criteria, specifically asking for membership certificates, association bylaws, and proof of expert judgment for the 'memberships' criterion, and more specific evidence for the 'leading or critical role' criterion. The petitioner responded by reasserting her claims and submitting evidence already in the record.

RFE Targets
Lesser nationally or internationally recognized awardsMemberships in associations that require outstanding achievementsPublished material about the alien in major trade or professional publications or other major mediaPerforming in a leading or critical role for organizations or establishments with a distinguished reputation

Evidence

Evidence Types
Awards
Media Coverage
Professional Memberships
Leading Role
Evidence Submitted
  • lesser nationally or internationally recognized awards
  • memberships in associations
  • published materials about her in major trade or professional publications or other major media
  • performing in leading or critical roles
  • event results
  • media coverage

Similar Cases

Others

Sports

USCIS EB-1A dismissed
2025-02-13
The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. While the Director found two criteria met (receipt of lesser awards and being the subject of published material), the AAO affirmed that the Petitioner did not demonstrate membership in professional associations requiring outstanding achievements by experts, nor a leading/critical role for organizations with distinguished reputations. For memberships, the evidence did not show recognized national or international experts judged team members. For leading/critical role, while a leadership role on a university team was acknowledged, the team's distinguished reputation was not established.

Athlete

Sports

USCIS EB-1A dismissed
2024-04-17
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.

Event Planner

Sports

USCIS EB-1A remanded
2024-07-05
The Petitioner met the judging criterion (8 C.F.R. § 204.5(h)(3)(iv)) by serving as a chief judge for international triathlon and duathlon competitions. The original contributions criterion (8 C.F.R. § 204.5(h)(3)(v)) was met through evidence of founding the triathlon sport in his country and developing a distance running methodology. The leading or critical role criterion (8 C.F.R. § 204.5(h)(3)(viii)) was satisfied by his work as Vice President of a federation recognized by the National Olympic Committee and his role in organizing major charitable international races.

Others

Sports · Ukraine

USCIS EB-1A dismissed
2023-11-30
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.

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

More dismissed cases More Sports cases More cases from Venezuela

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-12.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 4

EB-1A Case Data

Scraped Case Data

Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist