Date of Decision: October 1, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Aquatic Coach and Instructor
Field: Athletics – Aquatic Sports Coaching and Instruction
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner did not satisfy any of the claimed criteria.
Criteria Not Met:
- Membership in Associations Requiring Outstanding Achievements:
- The petitioner cited his membership in a swim team but failed to demonstrate that the organization required outstanding achievements or was a coaching association.
- Published Material About the Petitioner:
- Articles about the petitioner’s swimming accomplishments in SwimSwam and Best Swimming were provided, but they did not relate to his work as a coach or meet the requirements for major trade publications.
- Original Contributions of Major Significance:
- Letters of support highlighted the petitioner’s competitive swimming achievements but did not demonstrate significant contributions to the field of aquatic sports coaching.
- Performance in a Leading or Critical Role for Distinguished Organizations:
- Evidence of the petitioner’s coaching roles lacked proof of leadership or significant contributions to organizations with a distinguished reputation.
- High Salary or Significantly High Remuneration:
- The petitioner’s salary documentation did not demonstrate earnings significantly higher than those of other swim coaches in the field.
- Commercial Successes in the Performing Arts:
- The petitioner’s field does not pertain to the performing arts, making this criterion inapplicable.
Key Points from the Decision
Lack of Substantiated Evidence:
- The petitioner did not provide sufficient evidence to demonstrate eligibility for any of the claimed criteria under 8 C.F.R. § 204.5(h)(3).
Final Merits Determination:
- The AAO concluded that the petitioner failed to establish sustained national or international acclaim or recognition as one of the small percentage at the very top of his field.
Additional Observations:
- Prior approval of the petitioner’s O-1 nonimmigrant status was noted but did not influence the decision, as the EB-1 classification requires a different and more stringent standard.
Supporting Documentation
Membership Evidence: Membership in a swim team, insufficiently demonstrated as requiring outstanding achievements.
Published Material Evidence: Articles discussing competitive swimming, not related to the petitioner’s coaching role.
Contribution Evidence: Letters of support referencing swimming achievements, lacking evidence of major field-wide contributions.
Salary Evidence: Compensation details, not demonstrated as significantly higher than peers in the coaching field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to meet any of the regulatory criteria under 8 C.F.R. § 204.5(h)(3). The evidence provided did not establish sustained national or international acclaim or recognition as one of the small percentage at the very top of the field of aquatic sports coaching and instruction.
