Date of Decision: June 8, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Attorney
Field: Immigration Law, specializing in representing foreign nationals of extraordinary ability
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of the Work of Others: Confirmed that the Beneficiary served for many years as a judge on behalf of the national karate federation.
Criteria Not Met:
- Awards for Excellence: Failed to establish that the Beneficiary was a direct recipient of awards; instead, evidence was only indirect through athletes coached.
- Membership in Associations Requiring Outstanding Achievements: The evidence did not show that the memberships required outstanding achievements of their members.
- Original Contributions of Major Significance: No substantial evidence was provided to demonstrate that the Beneficiary’s coaching directly contributed to the success of athletes in obtaining high-level awards.
- Leading or Critical Role: Evidence did not sufficiently demonstrate that the Beneficiary played a leading or critical role within the organizations he was associated with.
Key Points from the Decision
- Participation as a Judge: The Beneficiary’s role in judging is acknowledged and accepted as fulfilling one criterion.
- Lack of Direct Awards and Recognitions: The appeal noted a failure to directly associate significant awards or recognitions with the Beneficiary’s personal contributions.
- Role and Contributions: The Beneficiary’s contributions to the team’s success were recognized but not deemed sufficient to meet the extraordinary ability criteria.
Supporting Documentation
- Reference letters detailing the Beneficiary’s roles and contributions.
- Documentation of team awards.
- Letters and statements regarding memberships and roles within associations.
Conclusion
Final Determination: The Beneficiary did not meet the required number of criteria to qualify for the EB-1 classification as an individual with extraordinary ability in athletics. The evidence provided was deemed insufficient to establish eligibility under the set criteria.
Reasoning: The Beneficiary’s impact and direct contribution to the field were not sufficiently documented to meet the high standards set by USCIS for this visa category.
Next Steps: The petitioner may consider gathering more direct and substantial evidence of the Beneficiary’s individual achievements and contributions or explore other visa categories more aligned with the available evidence.
