This appeal was not successful at this stage
The appeal was dismissed because the petitioner satisfied only two of the required three evidentiary criteria (awards and membership), failing to establish published materials, leading/critical role, or high salary. Without meeting the threshold of three criteria, no final merits determination was required.
1 more criterion would trigger a full merits review.
The petitioner, an acrobatic performer and gymnastics coach who had previously received O-1 nonimmigrant status, sought EB-1A classification. The AAO reversed the Director on two criteria — finding he earned nationally/internationally recognized gymnastics medals and was selected for the Great Britain national gymnastics team — but agreed with the Director that he failed three other criteria. Articles submitted for the published materials criterion either were not about him or lacked required identifying information. His role in a large-scale performance production was not shown to be leading or critical among nearly 100 performers. His $60,000 annual salary did not clearly exceed compensation of comparably experienced performers in the field. Because he met only two of the required three criteria, the appeal was dismissed without reaching a final merits determination.
What worked: Medals won at junior-level national and international gymnastics championships were accepted as lesser nationally/internationally recognized awards. Selection to the Great Britain national gymnastics team by the national governing body was accepted as membership in an association requiring outstanding achievements judged by recognized national experts.
What failed: Published materials failed because submitted articles were not specifically about the petitioner or lacked required author/date/source information, and the publications were not proven to be major media. The leading/critical role claim failed because the reference letter did not distinguish his contributions from those of the other ~100 performers. The high salary claim failed because his $60,000 salary was not clearly above what experienced performers in the field earned.
Takeaway: For the published materials criterion, submit only articles that focus on you personally and ensure each includes the author, date, and evidence of the publication's major media status. To establish a leading or critical role, obtain letters that quantify your specific impact on the organization — such as revenue contributions or formal responsibilities that set you apart from peers.
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 junior-level national and international gymnastics championships were accepted as lesser nationally/internationally recognized awards
- Selection to the Great Britain national gymnastics team by the national governing body was accepted as membership in an association requiring outstanding achievements judged by recognized national experts.
● Evidence that wasn't enough alone
- Published materials failed because submitted articles were not specifically about the petitioner or lacked required author/date/source information, and the publications were not proven to be major media
- The leading/critical role claim failed because the reference letter did not distinguish his contributions from those of the other ~100 performers
- The high salary claim failed because his $60,000 salary was not clearly above what experienced performers in the field earned.
Criterion-by-criterion breakdown
Lesser nationally or internationally recognized prizes or awards
Reversed in their favorAAO reversed the Director's denial; found petitioner received nationally and internationally recognized awards including medals at junior-level gymnastics championships in 2013, 2015, and 2016.
Membership in associations requiring outstanding achievement
Reversed in their favorAAO reversed the Director's denial; found membership on Great Britain national gymnastics team selected by national governing body constitutes membership in an association requiring outstanding achievements judged by recognized national experts.
Published material about the person
Not metArticles either were not about the petitioner (mentioned him only as a participant), lacked identified authors, lacked dates, or failed to establish the publication qualified as major media.
Leading or critical role for distinguished organizations
Not metPetitioner was one of nearly 100 performers; reference letter praised his skills but did not demonstrate his role was more prominent or impactful than other performers, and did not provide evidence of increased revenues or other specific organizational impact.
High salary or other significantly high remuneration
Not metPetitioner earned $60,000/year at time of filing; salary data showed most experienced workers earned up to $58,500 and top 10% earned $85,660+, placing him below the high-salary threshold relative to others in the field.
Bronze medal at 2013 Championship, gold medal at 2015 Championship, and silver medal at 2016 Gymnastics Competition
Membership on the Great Britain national gymnastics team from 2014 to 2016
Letter from head coach of Great Britain gymnastics national team confirming selection panel chose petitioner to represent Great Britain at international competitions
Articles not about the petitioner (he was merely mentioned as a participant among other gymnasts)
Articles lacking identified author, date, or source publication
Northern Echo and Sunderland Echo articles lacking evidence that publications qualify as major media
Reference letter from show gymnastics coach that did not establish leading or critical role distinct from other performers
Salary evidence showing $60,000/year when data indicated most experienced workers earn up to $58,500 and top earners exceed $85,660
W-2 showing only $3,439 in 2018 (partial year)
Director incorrectly denied the lesser awards criterion despite documentation of nationally and internationally recognized gymnastics medals
Director incorrectly denied the membership criterion despite evidence of selection to the Great Britain national gymnastics team by the national governing body
Completed
I-140 filed
Acrobatic performer and gymnastics coach
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2020-03-12
AAO decision — Dismissed
The appeal was dismissed because the petitioner satisfied only two of the required three evidentiary criteria (awards and membership), failing to establish published materials, leading/critical role, or high salary. Without meeting the threshold of three criteria, no final merits determination was required.
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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