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EB-1ASports and athleticsIndividualDecided 2018Dismissed

Outcome: Dismissed

JUL182018_03B2203

AwardsMetPublished materialMetCommercial successNot metHigh salaryNot metFinal meritsNot met

Our summary

A badminton player met the awards and published material criteria but failed to satisfy a third required criterion. The high salary and commercial success arguments were rejected. The AAO found insufficient evidence of national or international acclaim at the top level required for EB-1A.

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 · Director found and AAO agreed petitioner met the awards criterion.
  • Published material · Director found and AAO agreed petitioner met the published material criterion.

What was missing

  • Commercial success · Player ranking is not comparable to box office receipts or sales; petitioner failed to show comparable evidence or why other criteria cannot apply.
  • High salary · Salary of $49,908 plus $1,159 housing allowance not shown to be high or significantly high relative to others in badminton.
  • Final merits · Record does not demonstrate sustained national or international acclaim or placement among very top of badminton.

Criteria

CriterionReadingWhy
AwardsMetDirector found and AAO agreed petitioner met the awards criterion.
Published materialMetDirector found and AAO agreed petitioner met the published material criterion.
Commercial successNot metPlayer ranking is not comparable to box office receipts or sales; petitioner failed to show comparable evidence or why other criteria cannot apply.
High salaryNot metSalary of $49,908 plus $1,159 housing allowance not shown to be high or significantly high relative to others in badminton.
Final meritsNot metRecord does not demonstrate sustained national or international acclaim or placement among very top of badminton.

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

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