Athletics (Golf)
AAO appeal decision on the EB-1A talent visa
Updated: Author: Alina Kanametova
This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Athletics (Golf) (Sports), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Awards, Membership, Published material about you; not counted: Leading role.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 4 EB-1A criteria claimed, 3 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.
EB-1A criteria in this case
- Awardscounted
- Membershipcounted
- Published material about youcounted
- Judgingnot claimed
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionsnot claimed
- Leading rolenot counted
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
Why these criteria usually go uncounted
The through-line of the appeals base: in 81% of decisions the AAO names the same problem - assertions not backed by sufficient evidence - and 45% of cases are lost at the final-merits totality assessment. Below is how each criterion not counted here fares across the whole base.
Leading role
Across the appeals base this criterion was argued in 624 cases and counted in 256 (41%). Counted when the organization is known and the role is leading or key, per the org chart and letters.
The Sports field in the database: 133 appeals
Outcomes in this field: 3 sustained, 17 remanded, 113 dismissed. How the AAO ruled in this field on the criteria argued in this case:
| Criterion | In this case | Counted in the field | How objections were answered |
|---|---|---|---|
| Awards | counted | 52 of 105 (50%) | breakdowns for this criterion (7) |
| Membership | counted | 18 of 94 (19%) | breakdowns for this criterion (6) |
| Published material about you | counted | 30 of 102 (29%) | breakdowns for this criterion (7) |
| Leading role | not counted | 21 of 68 (31%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Sports appeals.
From the AAO decision (source, EN)
The initial denial was based on the petitioner failing to meet at least three regulatory criteria. The AAO found the petitioner met three criteria (prizes, memberships, and published material) but did not establish a leading or critical role. The case was remanded for a final merits determination.
The quote summarizes a fragment of the decision; the table above reflects the FINAL status of the criteria across all stages of the case (including ones conceded before the appeal), so the wording may not match one-to-one.
Full AAO decision of November 20, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 4, counted: 3 (Awards, Membership, Published material about you); not counted: Leading role.
- How did this appeal end?
- The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.
- Did the case reach the final-merits stage?
- No - the case did not reach final merits: fewer than the required 3 criteria were counted.
The criteria not counted here - typical objections and how to respond:
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