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JUN232022_01D8101Decided 2022-06-23I-129

The AAO dismissed an appeal of a revoked O-1A petition for a bodybuilder after USCIS investigations found the…

Dismissed Useful for: avoid these mistakes
O-1AField: bodybuilding
The outcome

This appeal was not successful at this stage

The AAO dismissed the appeal and affirmed the Director's revocation of the previously approved O-1A petition. The employment agreement was found to be fraudulent, the petitioning company was found to be a shell entity created solely to file the petition, and the beneficiary did not demonstrate eligibility under at least three evidentiary criteria.

1 / 3 criteria needed Need 2 more

2 more criteria would trigger a full merits review.

In plain English

A fitness management company filed an O-1A petition for a competitive bodybuilder claiming a $200,000 annual salary. After initial approval, USCIS investigations revealed the petitioning company was a shell entity created by the beneficiary and her attorney, the employment agreement was fraudulent, the beneficiary was self-employed rather than employed by the petitioner, and she was engaging in activities outside the scope of the petition. The Director revoked the approval and the AAO affirmed, finding the petitioner submitted only the same inadequate evidence on appeal without addressing the Director's specific findings. Of the four criteria claimed (awards, membership, published material, high salary), only the awards criterion was found satisfied, falling short of the three required. The case illustrates how fraudulent supporting documents and unresolved material inconsistencies can lead to revocation of a previously approved petition.

What worked & what failed

What failed: 1. The employment agreement was found to be fraudulent and the petitioning company was determined to be a shell entity, undermining the entire basis of the petition. 2. The beneficiary's own immigration filings in a separate proceeding showed self-employment and wages far below the claimed $200,000 salary, creating unresolved contradictions the petitioner could not explain. 3. Only one of the four claimed evidentiary criteria (awards) was met; membership, published material, and high salary all failed, leaving the petition two criteria short of the required three.

Takeaway: Petitioners must ensure the sponsoring employer is a legitimate, operational business with genuine employment terms, as USCIS will cross-check evidence across immigration proceedings and investigate inconsistencies. When a notice of intent to revoke is issued, the response must directly address each specific finding with independent, objective evidence — simply resubmitting the same documents without explaining the officer's errors will not overcome serious credibility findings.

For RFE responses & petition building

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

  • See summary above for details.

● Evidence that wasn't enough alone

  • The employment agreement was found to be fraudulent and the petitioning company was determined to be a shell entity, undermining the entire basis of the petition
  • The beneficiary's own immigration filings in a separate proceeding showed self-employment and wages far below the claimed $200,000 salary, creating unresolved contradictions the petitioner could not explain
  • Only one of the four claimed evidentiary criteria (awards) was met
  • membership, published material, and high salary all failed, leaving the petition two criteria short of the required three.
Find more O-1A cases with similar evidence patterns →
What the evidence showed

Criterion-by-criterion breakdown

Lesser nationally or internationally recognized prizes or awards

Met

Director found awards criterion satisfied; this was the only criterion met.

Membership in associations requiring outstanding achievement

Not met

IFBB membership did not satisfy the membership criterion for an association requiring outstanding achievement.

Published material about the person

Not met

Articles from MuscleMag and muscleinsider.com were deemed insufficient to satisfy the published material criterion.

High salary or other significantly high remuneration

Not met

The claimed $200,000 salary could not be credited because the employment agreement was found fraudulent and PayPal records did not show payments to the beneficiary.

Evidence that persuaded the AAO

Awards/competition results sufficient to satisfy the awards criterion

Where the evidence fell short

Employment Agreement — found to be fraudulent; petitioning company determined to be a shell entity

Letter from company vice-president — found not to be independent or objective evidence and failed to explain key discrepancies

PayPal printouts — address did not match Form I-129, did not show nature of payments, and showed no payments to the beneficiary

IFBB membership — did not satisfy the membership criterion requiring outstanding achievement

Articles from MuscleMag and muscleinsider.com — insufficient to satisfy the published material criterion

Letter from bodybuilding video producer — did not resolve or dispute beneficiary's webcam/pornographic activities

Competition scorecards — limited in scope; included a men's competition scorecard and cards not listing beneficiary's name; could not confirm competition activity in 2018-2019

Flyers and promotional materials — only covered three publicity events; did not address all required activities in itinerary

Home business article — did not reference the petitioner's business or validate it as a legitimate gym/bodybuilding company

How the case moved

Completed

I-129 filed

Competitive bodybuilder and sponsored athlete

Completed

Director — Revoked (Notice of Revocation issued after initial approval)

Initial decision: Revoked (Notice of Revocation issued after initial approval).

Completed

Appeal to the AAO

Petitioner appealed to the Administrative Appeals Office for de novo review.

2022-06-23

AAO decision — Dismissed

The AAO dismissed the appeal and affirmed the Director's revocation of the previously approved O-1A petition. The employment agreement was found to be fraudulent, the petitioning company was found to be a shell entity created solely to file the petition, and the beneficiary did not demonstrate eligibility under at least three evidentiary criteria.

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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Authorities the office relied on
8 C.F.R. § 214.2(o)(3)(ii)8 C.F.R. § 214.2(o)(3)(iii)(A)-(B)8 C.F.R. § 214.2(o)(3)(iii)(B)(1)8 C.F.R. § 214.2(o)(3)(iii)(B)(2)8 C.F.R. § 214.2(o)(3)(iii)(B)(3)8 C.F.R. § 214.2(o)(3)(iii)(B)(8)8 C.F.R. § 214.2(o)(8)(i)(B)8 C.F.R. § 214.2(o)(8)(iii)
Matter of P. SinghAuthority for AAO to adopt and affirm a lower decision with comments when the facts and judgments were adequately confronted and correctly resolved.
Matter of BurbanoSupport for adopting prior tribunal's findings when they are correctly resolved.
Chen v. INSA reviewing tribunal may adopt a lower officer's findings if they reflect individualized attention to the case.
Matter of HoPetitioner must resolve inconsistencies with independent, objective evidence; unresolved material inconsistencies justify reevaluating reliability of all evidence submitted.
Spencer EnterprisesMinor errors or discrepancies alone are not reason to question credibility, but serious unresolved errors justify an adverse conclusion.
Matter of ChawatheTruth is determined by the quality, not merely the quantity, of evidence.