This appeal was not successful at this stage
The appeal was dismissed because the petitioner failed to satisfy at least three of the six regulatory criteria required to establish exceptional ability under EB-2. The AAO found she met zero of the four criteria she claimed, and the NIW analysis was not reached.
The petitioner, a former amateur and collegiate golfer from Colombia, sought EB-2 exceptional ability classification and a national interest waiver to start a company helping minority girls obtain collegiate golf scholarships. The Texas Service Center director denied the petition for failing to meet three criteria, and the AAO dismissed the appeal. The AAO found no criteria met: her golf associations were not 'professional associations' under the regulations, WGCA/NCAA honors were not academic records from institutions of learning, no employer letters supported ten years in her proposed occupation, and her letters showed athletic achievements but no significant contributions to the field. The NIW analysis was not reached because she failed at the threshold evidentiary stage.
What failed: 1. Golf club memberships failed because the organizations did not require a baccalaureate degree, so they are not 'professional associations' under EB-2 regulations. 2. Athletic honors (Academic All-American) failed the academic record criterion because WGCA and NCAA are not institutions of learning and no official college transcript was submitted. 3. The ten-years-of-experience criterion failed because no employer letters were submitted documenting experience as a golf entrepreneur (letters from coaches and peers did not qualify). 4. The significant contributions criterion failed because letters documented personal athletic achievements, not meaningful contributions to the sport or industry — and the LLC was formed after the petition was filed, which cannot be used to establish eligibility.
Takeaway: For an EB-2 exceptional ability petition, petitioners whose proposed occupation differs significantly from their past career must submit evidence specifically tied to the new occupation — not just prior athletic or personal achievements. Forming a business entity and gathering employer letters before filing, not after, is essential.
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-2-NIW criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- Golf club memberships failed because the organizations did not require a baccalaureate degree, so they are not 'professional associations' under EB-2 regulations
- Athletic honors (Academic All-American) failed the academic record criterion because WGCA and NCAA are not institutions of learning and no official college transcript was submitted
- The ten-years-of-experience criterion failed because no employer letters were submitted documenting experience as a golf entrepreneur (letters from coaches and peers did not qualify)
- The significant contributions criterion failed because letters documented personal athletic achievements, not meaningful contributions to the sport or industry — and the LLC was formed after the petition was filed, which cannot be used to establish eligibility.
Letters and articles documenting petitioner's achievements as an amateur and collegiate golfer, including Conference USA All-Academic honors, C-USA Golfer of the Week, C-USA Most Improved Golfer, Academic All-American (five times), and tournament wins at the junior, collegiate, and amateur level
Evidence that petitioner was nationally ranked and competed in 15-20 tournaments per year
Evidence that petitioner was part of the Colombian team that won an international golf championship in 2021
Membership in golf organizations (unnamed Colombian golf association and Florida State Golf Association) rejected as not qualifying as 'professional associations' because no baccalaureate degree is required for membership
WGCA and NCAA All-Academic honors rejected as not satisfying the academic record criterion because WGCA and NCAA are athletic associations, not institutions of learning, and no official academic record from a college or university was submitted
Letters from coaches and fellow golfers rejected for the ten-years-of-experience criterion because none were employers and none attested to experience as a golf entrepreneur
LLC Articles of Organization filed after the petition date rejected because eligibility must be established at the time of filing
Letters attesting to athletic achievements rejected for the significant contributions criterion because they did not show the petitioner coached successful golfers, set records, or otherwise made significant contributions to the sport or industry
Director incorrectly found the petitioner met the membership in professional associations criterion (8 C.F.R. § 204.5(k)(3)(ii)(E)) — the golf organizations at issue (unnamed association and Florida State Golf Association) do not require a baccalaureate degree for membership and therefore do not qualify as 'professional associations' under the EB-2 regulations.
Completed
I-140 filed
Golf entrepreneur and former amateur/collegiate golfer seeking to start a company helping underrepresented youth obtain collegiate golf scholarships
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2024-07-30
AAO decision — Dismissed
The appeal was dismissed because the petitioner failed to satisfy at least three of the six regulatory criteria required to establish exceptional ability under EB-2. The AAO found she met zero of the four criteria she claimed, and the NIW analysis was not reached.
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.
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