EB-1ASports and athleticsIndividualDecided November 2023Dismissed
Outcome: Dismissed
NOV302023_03B2203
AwardsMetPublished materialMetMembershipNot metOriginal contributionsNot metFinal meritsNot met
Our summary
Swimmer and multisport athlete sought EB-1A extraordinary ability classification in athletics. AAO dismissed appeal because petitioner met only two of three required evidentiary criteria and failed to demonstrate sustained national or international acclaim; recognition limited to Ukrainian competitions and one long-distance swim approximately ten years before petition.
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 petitioner meets criterion for lesser nationally or internationally recognized prizes or awards.
- Published material · Director found petitioner meets criterion for published material in media.
What was missing
- Membership · Master of Sports of Ukraine title does not demonstrate membership in associations requiring outstanding achievements; no documentation of membership requirements.
- Original contributions · Petitioner did not contest Director's finding regarding original contributions; issue waived on appeal.
- Final merits · Record does not establish sustained national or international acclaim; success in Ukrainian junior competitions decade prior insufficient for sustained acclaim standard.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Awards | Met | Director found petitioner meets criterion for lesser nationally or internationally recognized prizes or awards. |
 Published material | Met | Director found petitioner meets criterion for published material in media. |
 Membership | Not met | Master of Sports of Ukraine title does not demonstrate membership in associations requiring outstanding achievements; no documentation of membership requirements. |
 Original contributions | Not met | Petitioner did not contest Director's finding regarding original contributions; issue waived on appeal. |
 Final merits | Not met | Record does not establish sustained national or international acclaim; success in Ukrainian junior competitions decade prior insufficient for sustained acclaim standard. |
A published decision describes one case. It is not legal advice and not a prediction for yours.