Date of Decision: NOV. 14, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete and Coach
Field: Wrestling and Martial Arts
Nationality: Uzbek
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- National Competitions: The Petitioner won national competitions, satisfying the criterion for lesser nationally recognized prizes or awards for excellence in the field of endeavor.
Criteria Not Met:
- Internationally Recognized Award: The Petitioner claimed the Uzbekistan Republican Championship in wrestling as a major, internationally recognized award, which was found to be inherently national, not international.
- Membership in Associations: The Petitioner did not provide sufficient evidence that the memberships required outstanding achievements judged by recognized national or international experts.
- Published Material: The provided articles did not qualify as major media or meet regulatory requirements.
- Judge of Others: The evidence did not clarify the role or establish that the Petitioner participated as a judge of the work of others.
- Original Contributions: The Petitioner did not demonstrate how his achievements had a significant impact or influence on the field.
- Artistic Exhibitions or Showcases: No evidence was provided to support this criterion.
- Leading or Critical Role: Insufficient evidence was provided to establish a leading or critical role in organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won
The Petitioner won national competitions in wrestling but did not establish recognition for coaching.
Published Materials About the Petitioner
The Petitioner submitted articles from regional and non-major publications, which did not meet the necessary criteria for major media recognition.
Original Contributions of Major Significance
Letters supporting the Petitioner’s contributions were found to be similar in wording and lacked evidence of major significance.
Participation as a Judge
The Petitioner served as a judge for the Uzbekistan Federation but did not provide evidence of the specific role and impact.
Membership in Associations
The Petitioner’s membership in teams and clubs did not meet the requirement of associations with outstanding achievements judged by experts.
Leading or Critical Role Performed
The Petitioner’s role as a team captain did not establish a critical role for an organization with a distinguished reputation.
Evidence of High Salary or Remuneration
Not applicable as no evidence was provided for high salary or remuneration.
Commercial Successes in the Performing Arts
Not applicable as the Petitioner did not claim commercial successes in the performing arts.
Supporting Documentation
- National Competition Certificates: Evidence of winning national competitions.
- Articles: Translations of articles from regional newspapers.
- Letters of Support: Letters from martial arts professionals in Uzbekistan.
- Membership Letters: Documentation from the Uzbekistan Federation.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the burden of proof for the required criteria and did not establish the sustained national or international acclaim necessary for the classification sought.
Next Steps: The Petitioner may consider gathering more robust evidence to meet the criteria or explore other immigration options.
