Good news — this case cleared the first bar
The AAO withdrew the Director's denial and remanded the case because the Petitioner demonstrated via FedEx delivery records that supporting exhibits had in fact been submitted with the RFE response, contrary to the Director's finding that no evidence accompanied the response.
3 more criteria would trigger a full merits review.
A martial arts academy sought to extend an O-1A visa for its MMA athletic trainer. The California Service Center denied the petition on multiple grounds, including that the RFE response contained no supporting documentation. On appeal, the Petitioner produced FedEx delivery records showing a three-pound package was delivered and signed for at the Service Center. The AAO found this sufficient to establish that exhibits had been submitted, and withdrew the Director's decision. The case was remanded for full consideration of all evidence in the record, including the exhibits and any appeal documentation. No merits determination on the extraordinary ability criteria was made.
What worked: Providing concrete proof of delivery — a FedEx receipt and delivery confirmation with signature — was sufficient to overcome the Director's finding that no evidence accompanied the RFE response.
What failed: The original petition was incompletely filled out, with blank sections and unclear entries, which contributed to the initial denial and RFE. The initial evidence package was also thin, consisting only of tax and employment documents.
Takeaway: Always retain proof of mailing and delivery when submitting RFE responses, as delivery records can be decisive if USCIS claims no evidence was received. Ensure the I-129 form is fully and accurately completed before filing to avoid procedural denials.
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
- Providing concrete proof of delivery — a FedEx receipt and delivery confirmation with signature — was sufficient to overcome the Director's finding that no evidence accompanied the RFE response.
● Evidence that wasn't enough alone
- The original petition was incompletely filled out, with blank sections and unclear entries, which contributed to the initial denial and RFE
- The initial evidence package was also thin, consisting only of tax and employment documents.
Completed
I-129 filed
MMA athletic trainer and strength and conditioning coach
Completed
California Service Center — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2023-01-17
AAO decision — Remanded
The AAO withdrew the Director's denial and remanded the case because the Petitioner demonstrated via FedEx delivery records that supporting exhibits had in fact been submitted with the RFE response, contrary to the Director's finding that no evidence accompanied the response.
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.