Good news — this case cleared the first bar
The AAO withdrew the Director's denial because the Director erroneously excluded the Beneficiary's athletic achievements from the evidentiary analysis. The case was remanded for a new decision that properly considers the Beneficiary's career as a competitive athlete and whether coaching falls within her area of extraordinary ability.
3 more criteria would trigger a full merits review.
A sports camp petitioned for O-1A status for a Colombian professional soccer player and national team athlete to work as a soccer director. The Director denied the petition by refusing to consider any of the Beneficiary's athletic achievements, insisting only coaching-related evidence was relevant. The AAO found this was legal error: under USCIS Policy Manual guidance, an acclaimed athlete transitioning to coaching can establish extraordinary ability through their athletic career, provided the occupations share skillsets. The AAO withdrew the denial and remanded for a new RFE and decision that properly considers the full record including the Beneficiary's athletic credentials, her international medals, and whether coaching falls within her area of extraordinary ability.
What worked: The Petitioner successfully argued that the Director misapplied the law by categorically excluding the Beneficiary's extensive athletic achievements, including international medals and professional play across multiple countries. The appeal to USCIS Policy Manual guidance on occupational transitions (athlete-to-coach) was persuasive and drove the remand.
What failed: The Petitioner had not submitted evidence establishing the Beneficiary's extraordinary ability specifically as a coach or soccer director, which remains an open issue on remand. The record lacked documentation of coaching credentials, coaching contributions, or recognition in a coaching capacity.
Takeaway: When petitioning for an O-1A athlete transitioning to a coaching role, explicitly invoke USCIS Policy Manual guidance on 'area of extraordinary ability' and document shared skillsets between the athletic and coaching occupations. Do not rely solely on athletic credentials without also addressing the coaching nexus, as the merits question remains open on remand.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating O-1A criteria.
● Evidence that moved the needle
- The Petitioner successfully argued that the Director misapplied the law by categorically excluding the Beneficiary's extensive athletic achievements, including international medals and professional play across multiple countries
- The appeal to USCIS Policy Manual guidance on occupational transitions (athlete-to-coach) was persuasive and drove the remand.
● Evidence that wasn't enough alone
- The Petitioner had not submitted evidence establishing the Beneficiary's extraordinary ability specifically as a coach or soccer director, which remains an open issue on remand
- The record lacked documentation of coaching credentials, coaching contributions, or recognition in a coaching capacity.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Reversed in their favorDirector excluded Beneficiary's athletic awards as irrelevant; AAO found this was error and they must be considered
Membership in associations requiring outstanding achievement
Not metMembership evidence submitted but Director's handling was part of the broader erroneous exclusion of athletic evidence
Published material about the person
Reversed in their favorDirector excluded published material about Beneficiary as athlete; AAO found this was error
Original contributions of major significance
Reversed in their favorDirector excluded testimonials about Beneficiary's original contributions as athlete; AAO found this was error
Gold medal won as member of Colombian women's national soccer team at a major international competition (claimed as potential major internationally recognized award)
Silver medal at a major international competition as member of Colombian national team
Participation in multiple international competitions including 2012 and 2016 editions and 2011 and 2015 editions of major tournaments
Professional soccer career in leagues in Spain, Turkey, and Colombia since 2013
No evidence was ultimately accepted or rejected; case remanded for full reconsideration
Director improperly excluded all evidence of the Beneficiary's athletic career when evaluating the initial evidentiary criteria, requiring evidence only of coaching/directing experience
RFE was deficient because it was issued without complete review of initial evidence and incorrectly told the Petitioner that athletic evidence would not be considered
Director failed to consider the Petitioner's claim that the Beneficiary's gold medal at a major international competition qualifies as a major, internationally recognized award under 8 C.F.R. § 214.2(o)(3)(iii)(A)
Director did not apply USCIS Policy Manual guidance on evaluating whether an acclaimed athlete transitioning to coaching is coming to work in the 'area of extraordinary ability'
Completed
I-129 filed
Soccer director/coach at a children's sports camp; beneficiary is a professional soccer player transitioning to coaching
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2023-04-06
AAO decision — Remanded
The AAO withdrew the Director's denial because the Director erroneously excluded the Beneficiary's athletic achievements from the evidentiary analysis. The case was remanded for a new decision that properly considers the Beneficiary's career as a competitive athlete and whether coaching falls within her area of extraordinary ability.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
Find this useful? A coffee helps keep Case Reviewer free and ad-free.
Buy me a coffee