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EB-1ASports and athleticsIndividualDecided February 2023Dismissed

Outcome: Dismissed

FEB092023_02B2203

JudgingMetMembershipNot metPublished materialNot metScholarly articlesNot metExhibitionsClaimed, not analyzedHigh salaryClaimed, not analyzedOriginal contributionsClaimed, not analyzedFinal meritsNot met

Our summary

Figure skating choreographer and coach sought EB-1A extraordinary ability classification. She claimed seven criteria including membership, published material, scholarly articles and exhibitions. AAO held she met only judging criterion and failed to meet three-criterion threshold because membership lacked documentation, publications lacked translation compliance and scholarly article was not in qualifying venue.

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

  • Judging · Director accepted evidence of judging work of others; AAO did not disagree with this criterion.

What was missing

  • Membership · Petitioner failed to submit bylaws or official documentation of association membership requirements despite RFE request.
  • Published material · Foreign language evidence did not comply with regulation for translations; not probative.
  • Scholarly articles · Article did not appear in professional, major trade or major media publication; intended for non-competitors in field.
  • Final merits · Failed three-criterion threshold; no sustained national or international acclaim or evidence of being at very top of field.

Criteria

CriterionReadingWhy
JudgingMetDirector accepted evidence of judging work of others; AAO did not disagree with this criterion.
MembershipNot metPetitioner failed to submit bylaws or official documentation of association membership requirements despite RFE request.
Published materialNot metForeign language evidence did not comply with regulation for translations; not probative.
Scholarly articlesNot metArticle did not appear in professional, major trade or major media publication; intended for non-competitors in field.
ExhibitionsClaimed, not analyzedClaimed but not analyzed; Director addressed as display of work without detailed discussion.
High salaryClaimed, not analyzedPetitioner claimed but Director did not address this criterion.
Original contributionsClaimed, not analyzedClaimed but not analyzed in detail on appeal.
Final meritsNot metFailed three-criterion threshold; no sustained national or international acclaim or evidence of being 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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