This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner met only one of the required three evidentiary criteria (awards), failing to establish qualifying membership or published material about her.
2 more criteria would trigger a full merits review.
The petitioner, a competitive judo, sambo, and jiu-jitsu wrestler, sought EB-1A extraordinary ability classification. The AAO reversed the Director on the awards criterion, finding she had earned nationally and internationally recognized medals, but upheld the denial on membership and published material criteria. Letters supporting her national team membership lacked specific details about selection standards, and published articles only mentioned her tangentially rather than being 'about' her. Having met only one of three required criteria, the appeal was dismissed without reaching a final merits determination.
What worked: Medals won at national and international judo, sambo, and jiu-jitsu competitions were accepted as lesser nationally or internationally recognized prizes, and the AAO reversed the Director's denial on this criterion.
What failed: 1) Membership criterion failed because letters from national team coaches did not sufficiently explain the specific achievement standards required for team selection. 2) Published material criterion failed because articles in major Kazakhstani media only mentioned the petitioner briefly in the context of competition results, not as the primary subject of the coverage.
Takeaway: To establish the membership criterion, petitioners should provide detailed evidence of specific selection standards (e.g., competition rankings, minimum achievement thresholds) and evidence of the team's international standing. For published material, petitioners should submit articles primarily focused on them personally, not merely competition results that mention them in passing.
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 EB-1A criteria.
● Evidence that moved the needle
- Medals won at national and international judo, sambo, and jiu-jitsu competitions were accepted as lesser nationally or internationally recognized prizes, and the AAO reversed the Director's denial on this criterion.
● Evidence that wasn't enough alone
- 1) Membership criterion failed because letters from national team coaches did not sufficiently explain the specific achievement standards required for team selection
- 2) Published material criterion failed because articles in major Kazakhstani media only mentioned the petitioner briefly in the context of competition results, not as the primary subject of the coverage.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Reversed in their favorAAO found petitioner met this criterion based on gold, silver, and bronze medals at national and international judo, sambo, and jiu-jitsu competitions, reversing the Director's denial on this point.
Membership in associations requiring outstanding achievement
Not metMembership in national judo and jiu-jitsu teams not established as requiring outstanding achievements; letters from coaches lacked specifics about selection criteria; sport club membership also insufficient.
Published material about the person
Not metPublications constituted major media but articles only briefly and tangentially referenced the petitioner as a medal winner; not 'about' the petitioner as required by the regulation.
Completed
I-140 filed
Competitive judo, sambo, and jiu-jitsu wrestler
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2018-01-24
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner met only one of the required three evidentiary criteria (awards), failing to establish qualifying membership or published material about her.
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.