Date of Decision: NOV 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Beach Volleyball Player
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner: The Petitioner provided articles about her work in the field published by CBC Sports, the National Post, and the Toronto Star. These publications were recognized as major media, fulfilling the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Criteria Not Met:
Awards and Prizes Won: The Petitioner provided evidence of winning gold and bronze medals at international competitions. However, these awards did not receive international recognition or significant media coverage, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner claimed membership in associations that require outstanding achievements. However, the evidence provided did not demonstrate that these associations required outstanding achievements judged by recognized experts, failing the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Original Contributions of Major Significance: The Petitioner’s contributions to the field of beach volleyball, while noteworthy, did not demonstrate major significance. The evidence provided did not show substantial impact or recognition within the field, failing the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Leading or Critical Role: The Petitioner’s roles in various teams did not demonstrate significant recognition or influence in the field. The evidence did not show how these roles were leading or critical to the success of any distinguished organizations, failing the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
Findings: The awards provided did not demonstrate international recognition or acclaim. The evidence did not show substantial media coverage or significant impact in the field.
Published Materials About the Petitioner:
Findings: The Petitioner provided articles from major media publications, fulfilling this criterion.
Original Contributions of Major Significance:
Findings: The contributions, while significant within specific teams, did not demonstrate major significance or widespread impact in the field of beach volleyball.
Participation as a Judge:
Findings: Not applicable in this case.
Membership in Associations:
Findings: The memberships provided did not require outstanding achievements judged by recognized experts, failing this criterion.
Authorship of Scholarly Articles:
Findings: Not applicable in this case.
Leading or Critical Role Performed:
Findings: The Petitioner’s roles in various teams did not demonstrate significant recognition or influence. The evidence did not show how these roles were leading or critical to the success of any distinguished organizations.
Artistic Exhibitions or Showcases:
Findings: Not applicable in this case.
Evidence of High Salary or Remuneration:
Findings: Not applicable in this case.
Commercial Successes in the Performing Arts:
Findings: Not applicable in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s work in beach volleyball.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of beach volleyball.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. The evidence presented did not establish the Petitioner’s sustained national or international acclaim or that she is among the small percentage who have risen to the very top of her field.
Next Steps: The Petitioner may consider gathering more robust evidence of her contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
