Outcome: Dismissed
SEP082022_01D8101
Our summary
A skydiving center sought to employ a beneficiary as an O-1A nonimmigrant skydiving instructor. The beneficiary met only the awards criterion but failed to establish at least three required criteria overall; the appeal was dismissed because the petitioner could not satisfy the initial evidentiary threshold.
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 and AAO agreed beneficiary met awards criterion.
What was missing
- Membership · Petitioner failed to show membership in associations requiring outstanding achievement as judged by experts.
- Published material · Petitioner did not establish published material criterion.
Criteria
| Criterion | Reading | Why |
|---|---|---|
| Met | Director and AAO agreed beneficiary met awards criterion. | |
| Not met | Petitioner failed to show membership in associations requiring outstanding achievement as judged by experts. | |
| Not met | Petitioner did not establish published material criterion. | |
| Claimed, not analyzed | Claimed on appeal for first time; not considered as petitioner had notice to provide before denial. | |
| Claimed, not analyzed | Claimed on appeal for first time; not considered as petitioner had notice to provide before denial. | |
| Claimed, not analyzed | Petitioner maintained claim on appeal but AAO reserved issue as initial requirement not met. | |
| Claimed, not analyzed | Claimed on appeal for first time; not considered as petitioner had notice to provide before denial. |
A published decision describes one case. It is not legal advice and not a prediction for yours.
