Date of Decision: February 13, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete and Coach
Field: Judo and Sambo
Nationality: Tajikistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
- Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (8 C.F.R. § 204.5(h)(3)(i)).
The petitioner provided evidence of a notable achievement in the World Sambo Championship. However, it was determined that this did not constitute a major, internationally recognized award. Additionally, awards earned as a competitor were not considered relevant to the petitioner’s claim as a coach or instructor. - Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields (8 C.F.R. § 204.5(h)(3)(ii)).
The petitioner listed memberships based on athletic performance. However, the appeal did not address the Director’s finding that these memberships were irrelevant to the petitioner’s claim as a coach. - Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought (8 C.F.R. § 204.5(h)(3)(iii)).
The evidence provided focused on the petitioner’s achievements as an athlete, not as a coach, and thus did not meet the criteria. - Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought (8 C.F.R. § 204.5(h)(3)(iv)).
There were inconsistencies in the provided evidence regarding the petitioner’s participation as a judge, which diminished the credibility of these claims.
Key Points from the Decision
Awards and Prizes Won:
The petitioner cited a finish at the World Sambo Championship, which was not deemed sufficient to meet the criteria for a major, internationally recognized award.
Published Materials About the Petitioner:
No substantial evidence was provided that met the criteria regarding published materials about the petitioner in his claimed capacity as a coach.
Original Contributions of Major Significance:
This criterion was not addressed in the appeal due to the failure to meet the initial evidentiary requirement.
Participation as a Judge:
Inconsistencies in the evidence presented for judging activities significantly reduced the credibility of these claims.
Membership in Associations:
Memberships listed were related to athletic performance, not coaching, and did not meet the required criteria.
Authorship of Scholarly Articles:
Not addressed due to failure to meet the initial evidentiary requirement.
Leading or Critical Role Performed:
Not addressed due to failure to meet the initial evidentiary requirement.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not addressed due to failure to meet the initial evidentiary requirement.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Evidence of the petitioner’s achievements in athletic competitions.
- Membership documentation in various athletic associations.
- Articles and publications focusing on the petitioner’s athletic career.
- Letters and documents supporting claims of participation as a judge.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. The appeal was found to be nearly identical to a previous appeal from September 2019, which had also been dismissed, indicating a lack of new or relevant evidence addressing the specific criteria for extraordinary ability classification.
Next Steps:
For future filings, the petitioner should ensure that evidence is tailored specifically to the criteria for the classification sought and address any discrepancies in the record. It is crucial to provide new, substantial evidence demonstrating eligibility under the required criteria.
