Date of Decision: June 23, 2021
Service Center: Texas 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: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Awards or Prizes: The Petitioner was acknowledged as a national champion in multiple years by the relevant governing body. The record includes a photograph of a plaque awarded for the 2006 national championship, corroborating his status.
Criteria Not Met:
Membership in Associations: The Petitioner did not demonstrate that his membership in the national team required outstanding achievements as judged by recognized experts. The provided letters lacked specificity and corroborating documentation.
Published Material About the Individual: The Petitioner provided several articles, but there was no evidence demonstrating that the publications were major media or had significant circulation.
Participation as a Judge: The Petitioner did not provide sufficient evidence that his role as a race judge involved evaluating the quality of competitors’ work rather than enforcing rules.
Original Contributions of Major Significance: The achievements cited, such as breaking a national record and coaching certifications, were personal accomplishments and did not demonstrate major significance to the field of athletics.
Key Points from the Decision
Awards and Prizes Won: The Petitioner was recognized as a national champion in multiple years, with some corroboration for the 2006 title.
Published Materials About the Petitioner: Articles about the Petitioner were provided, but lacked evidence of being in major media outlets.
Original Contributions of Major Significance: Personal achievements were noted, but they did not demonstrate a significant impact on the field of athletics.
Participation as a Judge: The role as a race judge did not meet the criteria for evaluating competitors’ skills.
Membership in Associations: The national team membership criteria were not clearly established as requiring outstanding achievements.
Supporting Documentation
National Championship Plaque: Evidence of the 2006 national championship title was included, though it lacked an English translation.
Letters from Governing Bodies: Letters from the relevant athletic federation confirmed national champion titles but lacked detailed supporting evidence.
Media Articles: Several newspaper articles covered the Petitioner’s victories, but there was no evidence of their circulation or recognition as major media.
Coaching Certification: Certification as a level I coach was included but did not demonstrate contributions of major significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to meet the initial evidentiary requirements or demonstrate sustained national or international acclaim. The Director’s decision was upheld due to the lack of supporting documentation for the claimed achievements and contributions.
Next Steps: The Petitioner may consider gathering more comprehensive evidence, including detailed documentation of achievements and contributions recognized at a national or international level, before reapplying or appealing the decision again.
