EB-1ASports and athleticsIndividualDecided March 2022Dismissed
Outcome: Dismissed
MAR022022_01B2203
AwardsMetMembershipMetLeading or critical roleNot metPublished materialNot metScholarly articlesClaimed, not analyzedFinal meritsNot met
Our summary
Competitive swimmer sought EB-1A extraordinary ability classification based on national medals and team membership. AAO affirmed that petitioner met only two of ten criteria, falling short of the required three. Appeal dismissed because petitioner lacked sustained acclaim and did not demonstrate placement among top of field.
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 · National gold, silver, and bronze medals at swimming competitions satisfy lesser recognized prizes criterion.
- Membership · Membership in national swimming team satisfies membership in associations requiring outstanding achievements.
What was missing
- Leading or critical role · Petitioner did not establish distinguished reputation of collegiate swimming program or leading role within team.
- Published material · Articles from SwimSwam and Swimming World do not qualify as major media; publications not established as major.
- Final merits · Petitioner failed to demonstrate sustained national or international acclaim required for extraordinary ability classification.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Met | National gold, silver, and bronze medals at swimming competitions satisfy lesser recognized prizes criterion. |
 Membership | Met | Membership in national swimming team satisfies membership in associations requiring outstanding achievements. |
 Leading or critical role | Not met | Petitioner did not establish distinguished reputation of collegiate swimming program or leading role within team. |
 Published material | Not met | Articles from SwimSwam and Swimming World do not qualify as major media; publications not established as major. |
 Scholarly articles | Claimed, not analyzed | Claimed but not contested on appeal; issue considered abandoned by petitioner. |
 Final merits | Not met | Petitioner failed to demonstrate sustained national or international acclaim required for extraordinary ability classification. |
A published decision describes one case. It is not legal advice and not a prediction for yours.