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O-1ASports and athleticsEmployerDecided September 2022Dismissed

Outcome: Dismissed

SEP082022_01D8101

AwardsMetMembershipNot metPublished materialNot metHigh salaryClaimed, not analyzedJudgingClaimed, not analyzedLeading or critical roleClaimed, not analyzedScholarly articlesClaimed, not analyzed

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

CriterionReadingWhy
AwardsMetDirector and AAO agreed beneficiary met awards criterion.
MembershipNot metPetitioner failed to show membership in associations requiring outstanding achievement as judged by experts.
Published materialNot metPetitioner did not establish published material criterion.
High salaryClaimed, not analyzedClaimed on appeal for first time; not considered as petitioner had notice to provide before denial.
JudgingClaimed, not analyzedClaimed on appeal for first time; not considered as petitioner had notice to provide before denial.
Leading or critical roleClaimed, not analyzedPetitioner maintained claim on appeal but AAO reserved issue as initial requirement not met.
Scholarly articlesClaimed, not analyzedClaimed 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.

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