Date of Decision: August 9, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athletic Trainer and Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The Petitioner demonstrated receipt of medals in international competitions, establishing that he received lesser internationally recognized awards for excellence in athletics.
Membership in Associations:
The Petitioner’s membership with the 2000 and 2004 teams was recognized, satisfying the criterion for membership in associations that require outstanding achievements.
Criteria Not Met:
Published Material About the Petitioner:
The Petitioner provided various materials, including a photograph in a major medium and a cereal box featuring him. However, these materials did not include the required details such as the author and date, nor were they shown to be professional or major trade publications or other major media.
Leading or Critical Role:
The Petitioner provided general letters of recommendation confirming his coaching experience but did not demonstrate that he performed in a leading or critical role for organizations with distinguished reputations. The evidence did not establish the significance of his contributions to the successes of the teams he coached.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received medals in international competitions. However, these were not shown to be at the level of a major, internationally recognized award such as a Nobel Prize or an Olympic medal.
Published Materials About the Petitioner:
The materials provided did not meet the requirements for being considered published material in professional or major trade publications or other major media. The details necessary to qualify these materials were missing.
Original Contributions of Major Significance:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Participation as a Judge:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Membership in Associations:
The Petitioner’s membership with recognized teams met the criterion for associations requiring outstanding achievements.
Authorship of Scholarly Articles:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Leading or Critical Role Performed:
The Petitioner did not demonstrate that his roles were leading or critical in distinguished organizations, failing to meet this criterion.
Artistic Exhibitions or Showcases:
Not applicable based on the field of athletics.
Evidence of High Salary or Remuneration:
Not addressed in the decision, suggesting no evidence was presented for this criterion.
Commercial Successes in the Performing Arts:
Not applicable based on the field of athletics.
Supporting Documentation
The documentation included letters from professionals, evidence of international medals, and screenshots from websites and media. However, these documents did not sufficiently establish the Petitioner’s recognition or the required acclaim.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not submit the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed in the regulations. The overall review of the submitted materials did not demonstrate the sustained acclaim and recognition required for the classification sought.
Next Steps:
The Petitioner may consider gathering more robust and detailed evidence to support the criteria that were not met. Ensuring that all documentation includes specific details about the significance and impact of the Petitioner’s contributions on the field is crucial for any future submissions.
