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Athletics (Volleyball)

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 (Volleyball) (Sports), 2024. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 4 were counted: Awards, Membership, Published material about you, Leading role; not counted: Judging, Original contribution, High remuneration.

What this case shows

Bottom line: the EB-1A denial stands. Of the 7 EB-1A criteria claimed, 4 were counted. The criteria were enough to reach final merits, but on the totality of the evidence the petitioner fell short of the extraordinary-ability standard - 3+ criteria alone do not guarantee approval.

EB-1A criteria in this case

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.

Judging

Across the appeals base this criterion was argued in 659 cases and counted in 491 (75%). Typical AAO objection: "Judging not actually performed / proven". Counted when the judging actually happened: an invitation plus proof you reviewed others’ work.

Original contribution

Across the appeals base this criterion was argued in 642 cases and counted in 105 (16%). Typical AAO objection: "Original contribution: impact not shown". Counted when the contribution’s impact is shown: adoption, citation, use by others.

High remuneration

Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.

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:

CriterionIn this caseCounted in the fieldHow objections were answered
Awardscounted52 of 105 (50%)breakdowns for this criterion (7)
Membershipcounted18 of 94 (19%)breakdowns for this criterion (6)
Published material about youcounted30 of 102 (29%)breakdowns for this criterion (7)
Judgingnot counted32 of 62 (52%)breakdowns for this criterion (7)
Original contributionnot counted1 of 57 (2%)breakdowns for this criterion (7)
Leading rolecounted21 of 68 (31%)breakdowns for this criterion (7)
High remunerationnot counted7 of 28 (25%)breakdowns for this criterion (7)

Counted over our base of published AAO decisions; all Sports appeals.

From the AAO decision (source, EN)

The Petitioner failed to demonstrate sustained national or international acclaim as a volleyball coach, despite prior success as an athlete. Evidence presented focused on his athletic achievements and early coaching influence, but lacked sufficient documentation of sustained acclaim in his current role as a coach.

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 March 19, 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: 7, counted: 4 (Awards, Membership, Published material about you, Leading role); not counted: Judging, Original contribution, High remuneration.
How did this appeal end?
The appeal was dismissed - the denial stands. Most EB-1A AAO appeals end this way (~80% of our base).
Did the case reach the final-merits stage?
Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.

The criteria not counted here - typical objections and how to respond:

Related

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Same outcome in other fields

This is an anonymized public decision of the USCIS Administrative Appeals Office (AAO), shown for reference. Not legal advice and not a guarantee of your own outcome; every case is decided on its own facts.