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O-1ASports and athleticsEmployerDecided 2017Dismissed

Outcome: Dismissed

MAR232017_01D8101

JudgingMetAwardsNot metHigh salaryNot metMembershipNot metPublished materialNot metLeading or critical roleClaimed, not analyzedOriginal contributionsClaimed, not analyzedScholarly articlesClaimed, not analyzedFinal meritsNot met

Our summary

A ballroom dance instructor and competitive athlete from Ukraine seeks O-1A classification. Only satisfied one of eight evidentiary criteria: judging. Awards lacked documented national recognition, membership requirements undemanding, published material regional not major, and salary not elevated. Decision held insufficient evidence to establish extraordinary ability.

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 · Beneficiary served as judge in ballroom dance field

What was missing

  • Awards · Competition results lack documented national or international recognition
  • High salary · Proffered salary of $37,000 falls within national average range, not high
  • Membership · Organization membership requirements do not require outstanding achievement
  • Published material · Articles mention beneficiary but not about him; publications are regional not major media
  • Final merits · Only one criterion met; does not establish extraordinary ability in athletics

Criteria

CriterionReadingWhy
JudgingMetBeneficiary served as judge in ballroom dance field
AwardsNot metCompetition results lack documented national or international recognition
High salaryNot metProffered salary of $37,000 falls within national average range, not high
MembershipNot metOrganization membership requirements do not require outstanding achievement
Published materialNot metArticles mention beneficiary but not about him; publications are regional not major media
Leading or critical roleClaimed, not analyzedCriterion not claimed or analyzed in decision
Original contributionsClaimed, not analyzedCriterion not claimed or analyzed in decision
Scholarly articlesClaimed, not analyzedCriterion not claimed or analyzed in decision
Final meritsNot metOnly one criterion met; does not establish extraordinary ability in athletics

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

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