Date of Decision: June 12, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Wrestling
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
Membership in Associations: The petitioner was a member of the [Redacted] team in freestyle wrestling. However, the evidence did not conclusively establish that the association’s selection criteria involved judging achievements by nationally or internationally recognized experts.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not provide sufficient evidence to establish that his age-limited awards were recognized at a national or international level.
Published Material About the Petitioner: The submitted articles did not meet the regulatory requirements as they either did not primarily focus on the petitioner or were not published in professional or major trade publications or other major media.
Participation as a Judge: Although the petitioner submitted a certificate and letter regarding his role as a judge, there was insufficient evidence detailing his specific duties and responsibilities in this capacity.
Original Contributions of Major Significance: The letters from experts in the field did not provide specific examples of how the petitioner’s work significantly impacted the field of wrestling.
Authorship of Scholarly Articles: The petitioner’s book and article did not meet the regulatory criteria as they were not sufficiently established as scholarly or published in major trade publications or other major media.
Key Points from the Decision
Awards and Prizes Won
The petitioner provided several awards for wrestling, primarily in youth or junior competitions. However, these awards were not established as nationally or internationally recognized.
Published Materials About the Petitioner
The petitioner submitted several articles, but these did not meet the criteria as they were not sufficiently about the petitioner or published in appropriate media.
Original Contributions of Major Significance
The petitioner’s achievements and unique wrestling style were noted by experts, but there was no evidence that these contributions had a significant impact on the field.
Participation as a Judge
The petitioner’s role as a judge was not sufficiently detailed to establish that it involved judging the work of others in the field of wrestling.
Membership in Associations
The petitioner’s membership in the [Redacted] team did not conclusively meet the criterion due to insufficient evidence of the selection criteria.
Authorship of Scholarly Articles
The petitioner’s book and article were not established as scholarly or published in major trade publications or other major media.
Supporting Documentation
The petitioner submitted various letters, articles, and awards as evidence. However, the evidence provided did not meet the stringent requirements for the EB-1 classification.
Conclusion
Final Determination
The appeal is dismissed.
Reasoning
The petitioner did not meet the initial evidence requirements set forth at 8 C.F.R § 204.5(h)(3), which requires documentation of a one-time achievement or evidence that meets at least three of the ten regulatory criteria.
Next Steps
The petitioner may file a motion to reconsider or reopen the proceeding by submitting a Notice of Appeal or Motion (Form I-290B) within 33 days of the decision date.
