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EB-1ASports and athleticsIndividualDecided 2016Dismissed

Outcome: Dismissed

APR152016_02B2203

AwardsMetMembershipNot metPublished materialNot metFinal meritsNot met

Our summary

A powerboat racer sought EB-1A classification as an individual with extraordinary ability. The petitioner claimed awards, membership, and published material criteria. The AAO found the awards criterion met but membership and published material not met. Because fewer than three criteria were satisfied, the AAO dismissed the appeal without reaching the final merits analysis.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Awards · Petitioner established receipt of lesser nationally recognized prizes or awards for excellence

What was missing

  • Membership · Petitioner failed to show membership requires outstanding achievements judged by recognized national or international experts
  • Published material · Material not published in major trade publications or major media, or did not substantially relate to petitioner
  • Final merits · Even if three criteria were met, record does not show petitioner is one of small percentage at very top of field

Criteria

CriterionReadingWhy
AwardsMetPetitioner established receipt of lesser nationally recognized prizes or awards for excellence
MembershipNot metPetitioner failed to show membership requires outstanding achievements judged by recognized national or international experts
Published materialNot metMaterial not published in major trade publications or major media, or did not substantially relate to petitioner
Final meritsNot metEven if three criteria were met, record does not show petitioner is one of small percentage at very top of field

A published decision describes one case. It is not legal advice and not a prediction for yours.

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