EB-1 Extraordinary Ability USCIS Appeal Review – Athlete and Coach – MAR232022_01B2203


Date of Decision: MAR. 23, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability


Petitioner Information

Profession: Athlete and Coach
Field: Athletics and Coaching
Nationality: Brazil


Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed


Evidentiary Criteria Analysis

Criteria Met:

Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The Petitioner placed in several regional, national, and international tournaments, including a third-place finish in the 2014 World Championship, demonstrating his recognition in the field.

Criteria Not Met:

Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members:
The Petitioner did not provide sufficient evidence that his memberships required outstanding achievements judged by national or international experts.

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:
The materials submitted did not sufficiently highlight the Petitioner individually; they were focused more on the events or included him among many other athletes.

Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The Petitioner’s contributions, including founding a club and training law enforcement, did not demonstrate a significant impact on the overall field of athletics.


Key Points from the Decision

Awards and Prizes Won:

The Petitioner’s achievements include multiple placements in international competitions, but the evidence provided did not consistently demonstrate the level of recognition required for EB1 classification.

Published Materials About the Petitioner:

The Petitioner was mentioned in various articles and media, but the documentation did not focus on his individual achievements or contributions in a significant manner.

Original Contributions of Major Significance:

The contributions made by the Petitioner, including training and founding a club, were acknowledged but not deemed significantly impactful on the field.

Membership in Associations:

The associations cited by the Petitioner did not require outstanding achievements for membership, thus failing to meet the necessary criteria.

Other Criteria:

The remaining criteria, such as participation as a judge, authorship of scholarly articles, leading roles, and evidence of high salary, were either not claimed or not sufficiently evidenced by the Petitioner.


Supporting Documentation

  1. Competition Results: Documentation of placements in international competitions.
  2. Membership Letters: Letters confirming membership in associations.
  3. Media Articles: Screenshots and articles mentioning the Petitioner.
  4. Training Certificates: Documents supporting training provided to law enforcement agencies.
  5. Business Documents: Registration and operational documents of the club founded by the Petitioner.

Conclusion

Final Determination: The appeal is dismissed.

Reasoning: The Petitioner did not meet the required evidentiary criteria for EB1 classification. The evidence provided did not demonstrate sustained national or international acclaim or major significance in his field.

Next Steps: The Petitioner may consider reapplying with additional evidence that addresses the criteria not met in this petition.


Download the Full Petition Review Here



Cite as Matter of G-M-, ID# 19272434
Document: MAR232022_01B2203

Izu Okafor
Izu Okafor

Izu Okafor is a filmmaker, project manager, and video editor with a rich background in the film industry. He has refined his craft under the mentorship of industry giants like AMAA VFx Winner Stephen Onaji Onche and AMVCA-winning producer Chris Odeh. Izu is one of 60 participants in the prestigious British Council Film Lab Africa Accelerator Program. His experience spans roles at Sixar Studio, Sozo Films, and Hanuluo Studios, with work on projects like "Wahala" and "Chiugo." He recently produced his debut feature, "Dinobi," which has garnered international festival recognition. Beyond filmmaking, Izu is dedicated to social entrepreneurship and youth empowerment, mentoring future leaders through Uncommon Me International.

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