Date of Decision: June 1, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Athletics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None identified in the decision.
Criteria Not Met:
Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to demonstrate that their contributions were of major significance in their field.
Published Material About the Petitioner: There was no documentation provided that qualified as major media coverage or professional trade publications.
Awards and Prizes: The petitioner did not present evidence of awards or prizes that were nationally or internationally recognized for excellence in athletics.
Leading or Critical Role: The petitioner did not demonstrate holding a leading or critical role within distinguished organizations in athletics.
Membership in Associations: The petitioner did not provide evidence of memberships in associations that require outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: There was no evidence provided of scholarly articles authored by the petitioner in professional or major trade publications.
Participation as a Judge: There was no documentation of the petitioner serving as a judge of the work of others in their field.
High Salary or Remuneration: The petitioner did not provide evidence of earning a high salary in comparison to others in the field of athletics.
Artistic Exhibitions or Showcases: Not applicable based on the field of athletics.
Commercial Successes in the Performing Arts: Not applicable based on the field of athletics.
Key Points from the Decision
Awards and Prizes Won: The petitioner did not present evidence of nationally or internationally recognized awards for excellence in athletics.
Published Materials About the Petitioner: The petitioner did not provide major media coverage or professional trade publications as evidence.
Original Contributions of Major Significance: The petitioner’s contributions were not demonstrated to be of major significance in the field.
Participation as a Judge: No evidence was provided that the petitioner served as a judge in their field.
Membership in Associations: The petitioner did not provide evidence of memberships requiring outstanding achievements.
Authorship of Scholarly Articles: The petitioner did not provide evidence of authoring scholarly articles in major publications.
Leading or Critical Role Performed: The petitioner did not demonstrate holding a leading or critical role in distinguished organizations.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The petitioner did not demonstrate a high salary in the field.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The documentation included the Form I-290B, Notice of Appeal or Motion, and additional documentary evidence without a statement in support of the appeal identifying specific errors in the original decision.
Conclusion
Final Determination: Appeal Summarily Dismissed
Reasoning: The appeal was summarily dismissed because the petitioner did not provide a statement identifying any specific erroneous conclusion of law or fact in the original decision. As required by 8 C.F.R. § 103.3(a)(1)(v), an appeal must specify the errors in the decision being appealed. Without this, the appeal cannot proceed.
Next Steps: The petitioner may consider submitting a new petition with comprehensive evidence that meets at least three of the ten regulatory criteria for EB1 classification. This evidence should include detailed documentation of nationally or internationally recognized awards, published materials in major media, and other significant achievements in the field of athletics.
