Can athletes and coaches get an EB-1A? What 440 AAO decisions say
Published AAO non-precedent decisions, 2001–2025 · updated 2026-10-16
Between 2001 and 2025 the AAO published 440 EB-1A appeal decisions from athletics petitioners; 22 were sustained and 318 dismissed. The most common ground for dismissal: not shown to be among the small percentage at the very top of the field (final merits) (202 of the 374 merits dismissals, 54%). Second: awards not shown to be nationally or internationally recognized (50, 13%). What the sustained decisions had: final merits: among the small percentage at the top of the field; published material about the person in major media. These are appeals of denials, not all adjudications, so the dismissal rate is not an initial-filing approval rate; it shows which arguments the AAO rejected on appeal and which it accepted.
What the decisions say
Grounds for dismissal, by frequency
- 202 of 374 Not shown to be among the small percentage at the very top of the field (final merits)
“The director, and subsequently the AAO, determined that the petitioner did not submit extensive documentation to prove sustained national or international acclaim in the field of athletics.” AAO, 2012
- 50 of 374 Awards not shown to be nationally or internationally recognized
“The AAO found the petitioner met the criteria for lesser awards and published material about his work, but did not meet the criteria for membership in associations requiring outstanding achievement or for commanding a high salary.” AAO, 2018
What the 22 sustained decisions had
- 9 of 22 Final merits: among the small percentage at the top of the field
“The AAO concluded that this evidence, along with his high national ranking, demonstrated he has sustained national or international acclaim and has risen to the very top of his field.” AAO, 2015
- 3 of 22 Published material about the person in major media
“The appeal was sustained because the AAO determined that the petitioner, a professional baseball player, satisfied at least three evidentiary criteria, specifically awards, published material, critical role, and high salary.” AAO, 2023
- 2 of 22 Awards with documented national or international recognition
“The AAO found that the petitioner's evidence met three of the required criteria: receipt of lesser prizes or awards, original athletic contributions of major significance, and performing in a leading or critical role.” AAO, 2010
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 1 | 3 |
| 2024 | 19 (79.2%) | 0 | 5 | 24 |
| 2023 | 15 (68.2%) | 1 | 6 | 22 |
| 2022 | 13 (—) | 0 | 3 | 16 |
| 2021 | 7 (—) | 1 | 2 | 10 |
| 2020 | 16 (—) | 1 | 1 | 18 |
| 2019 | 15 (—) | 2 | 1 | 18 |
| 2018 | 23 (95.8%) | 1 | 0 | 24 |
| 2017 | 11 (—) | 1 | 0 | 12 |
| 2016 | 9 (—) | 2 | 0 | 11 |
| 2015 | 15 (—) | 2 | 0 | 17 |
| 2014 | 12 (—) | 0 | 0 | 12 |
| 2013 | 16 (—) | 2 | 0 | 18 |
| 2012 | 34 (91.9%) | 2 | 1 | 37 |
| 2011 | 16 (—) | 2 | 0 | 18 |
| 2010 | 15 (—) | 1 | 0 | 16 |
| 2009 | 29 (96.7%) | 1 | 0 | 30 |
| 2008 | 12 (—) | 0 | 1 | 13 |
| 2007 | 9 (—) | 1 | 1 | 11 |
| 2006 | 7 (—) | 2 | 1 | 10 |
| 2005 | 19 (—) | 0 | 0 | 19 |
| 2004 | 3 (—) | 0 | 0 | 3 |
| 2001 | 1 (—) | 0 | 0 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Prizes or awards | 367 | 20 | 413 | 88.9% |
| Published material about the alien | 172 | 19 | 208 | 82.7% |
| Membership in associations | 165 | 14 | 195 | 84.6% |
| Leading or critical role | 105 | 16 | 135 | 77.8% |
| Sustained national or international acclaim | 86 | 10 | 103 | 83.5% |
| Original contributions of major significance | 80 | 9 | 98 | 81.6% |
| Judging | 75 | 4 | 87 | 86.2% |
| High salary or remuneration | 57 | 8 | 72 | 79.2% |
| Authorship of scholarly articles | 34 | 3 | 38 | 89.5% |
| Artistic exhibitions or showcases | 28 | 2 | 31 | 90.3% |
| Commercial success in performing arts | 21 | 2 | 23 | 91.3% |
| Procedural/filing | 12 | 0 | 12 | — |
Example Decisions
Sample: published AAO non-precedent decisions collected from uscis.gov, 2001–2025. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
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