Date of Decision: September 9, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: International Sports Competitor
Nationality: [Nationality]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not claim to meet the alternative criteria of satisfying at least three of the ten regulatory criteria.
Criteria Not Met:
- Major, internationally recognized award: The petitioner did not provide sufficient evidence that his achievements, such as first place in the 2017 ITour Grand Final and the 2018 Grand Slam, qualify as major, internationally recognized awards.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner won first place in the 2017 ITour Grand Final and the 2018 Grand Slam.
- Key quotes or references: “While we do not question the caliber of competition at the annual ITour Grand Final and Grand Slam events, the record does not include evidence demonstrating that these competitions receive broad or significant international recognition outside of the sport itself.”
Published Materials About the Petitioner:
- Summary of findings: The petitioner provided press releases and tournament results published on the ITour website and gScore.eu.
- Key quotes or references: “The website of the ITour publishes press releases with results of its tournaments and that such press releases mentioned the Petitioner’s successes.”
Original Contributions of Major Significance:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Participation as a Judge:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Membership in Associations:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Leading or Critical Role Performed:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable as the petitioner did not claim this criterion.
Supporting Documentation
- Photographs: Photographs of the petitioner’s trophies for the 2017 ITour Grand Final and 2018 Grand Slam.
- Press Releases: Press releases published on the ITour website.
- Tournament Results and Rankings: Results and rankings published by gScore.eu.
- Letters of Support: Letters from a senior official of the Federation confirming the achievements.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The petitioner did not meet the initial evidence requirements for the EB1 classification based on a one-time achievement.
- The achievements presented did not meet the criteria for major, internationally recognized awards as intended by Congress for this classification.
Next Steps:
- Recommendations or next steps for the petitioner: The petitioner may consider gathering more substantial evidence that meets the criteria outlined in 8 C.F.R. § 204.5(h)(3), or exploring alternative visa options.
