Date of Decision: February 25, 2025
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1A Extraordinary Ability
Field of Expertise: Athletics – Competitive Swimming
Petitioner Information
Profession: Competitive Swimmer
Field: Athletics – Swimming
Nationality: Mexico
Summary of Decision
Initial Decision: Denied – Director found petitioner met four criteria but failed the final merits determination.
Appeal Outcome: Sustained – AAO withdrew the Director’s decision and remanded for a new determination.
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Nationally or Internationally Recognized Awards (i): Multiple medals at the Central American and Caribbean Games; Mexican national records.
- Membership in Associations Requiring Outstanding Achievements (ii): Membership based on competitive achievements and qualifications.
- Published Material About the Petitioner (iii): Featured in media coverage of competitions.
- Leading or Critical Role in Distinguished Organizations (viii): Represented Mexico in international competitions, including Pan American Games, FINA/World Aquatics World Championships, and International Swimming League.
Criteria Not Met:
- No evidence of a one-time major internationally recognized award.
Key Points from the Decision
- The Director originally denied the petition at the final merits stage, finding petitioner had not demonstrated acclaim at the very top level, citing lack of Olympic participation and medals at world championships.
- On appeal, the AAO found the Director overlooked important evidence—specifically, the petitioner’s bronze medal at the U.S. Open Swimming Championship, a major international competition.
- AAO emphasized that failure to consider this evidence was a material error and remanded the case for proper consideration.
- The remand directs the Director to reconsider whether the U.S. Open medal, alongside regional international achievements and national records, establishes that the petitioner is among the small percentage at the very top of his field.
- If further details about the U.S. Open are needed, the Director may issue an RFE for clarification or corroboration.
Supporting Documentation
- Letters of Intent: Confirming international competition and national team representation.
- Business Plan: Not applicable.
- Advisory Letter: Provided by swimming federation officials and coaches supporting his elite status.
- Other Supporting Documentation: National records, medals, competition results, and U.S. Open bronze medal evidence.
Conclusion
Final Determination: Appeal sustained; decision withdrawn and case remanded.
Reasoning: Petitioner met four criteria, and AAO found that the Director erred by failing to consider significant evidence (U.S. Open bronze medal). A new decision must be issued after full reconsideration of the record.
