EB-1ASports and athleticsIndividualDecided April 2023Remanded
Outcome: Remanded
APR142023_01B2203
AwardsMetLeading or critical roleMetPublished materialMetMembershipNot metFinal meritsNot reached / not discussed
Our summary
A competitive swimmer sought EB-1A classification. The director found two criteria met; the AAO added a third by recognizing team captain role within a division as qualifying. With three criteria satisfied, the matter was remanded for final merits analysis on sustained acclaim and top-tier status.
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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Awards · Lesser nationally or internationally recognized prizes or awards established
- Leading or critical role · Team captain role within division qualifies as leading role for distinguished organization
- Published material · Published material in professional or major media about competitive swimmer
What was missing
- Membership · Membership in associations requiring outstanding achievements not demonstrated
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Met | Lesser nationally or internationally recognized prizes or awards established |
 Leading or critical role | Met | Team captain role within division qualifies as leading role for distinguished organization |
 Published material | Met | Published material in professional or major media about competitive swimmer |
 Membership | Not met | Membership in associations requiring outstanding achievements not demonstrated |
 Final merits | Not reached / not discussed | Met three criteria; remanded for final merits review on second step |
A published decision describes one case. It is not legal advice and not a prediction for yours.