Date of Decision: April 03, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Handball
Nationality: Russian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Awards: The petitioner met the criteria related to receiving lesser nationally or internationally recognized prizes or awards for excellence in the field of handball.
- Judging the work of others: The petitioner served as a judge of the work of others in the field, likely through his role in handball competitions or in a professional capacity.
Criteria Not Met:
- Membership in associations requiring outstanding achievement: Failed to prove that membership in the Russian Handball Federation required outstanding achievement as judged by recognized national or international experts.
- Original contributions of major significance: The petitioner’s contributions through a handball training manual were acknowledged but not seen as having major significance in the field.
- Leading or critical role: There was insufficient evidence that the petitioner had a leading or critical role in an organization with a distinguished reputation.
Key Points from the Decision
Membership in Associations: The appeal confirmed that the Russian Handball Federation does not require its members to have outstanding achievements recognized by international experts, thus failing this criterion.
Original Contributions of Major Significance: Although the petitioner developed a training manual adopted by his university, there was no substantial evidence that this manual had a significant impact on the field of handball globally or nationally.
Leading or Critical Role Performed: The evidence provided did not sufficiently demonstrate that the petitioner’s roles at his university or other organizations were critical or leading, nor that these organizations had a distinguished reputation.
Supporting Documentation
- Letters of Recommendation: Various letters from colleagues and university officials described the petitioner’s contributions but lacked concrete evidence of significant impact or recognition in the field.
Conclusion
Final Determination: The USCIS upheld the denial of the petitioner’s Form I-140, concluding that he did not meet the necessary criteria for classification as an individual with extraordinary ability in athletics. The evidence provided did not sufficiently demonstrate that he is among the small percentage at the very top of his field or that his contributions were of major significance.
Reasoning: The decision emphasized the need for objective and extensive documentation of achievements and contributions that significantly impact the field.
Next Steps: The petitioner may consider gathering more substantial evidence of his achievements and impact, or explore other visa categories better suited to his current qualifications and documentation.
This case highlights the rigorous standards applied by USCIS in evaluating claims of extraordinary ability, particularly under the EB1 category, and serves as a crucial reminder for potential petitioners to ensure they meet all required evidentiary criteria with robust and compelling documentation.
