Date of Decision: January 19, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Bodybuilder
- Field: Bodybuilding
- Nationality: [Not specified in the document]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
- Membership in Associations: The petitioner claimed eligibility based on membership in the International Federation of Bodybuilding Fitness Professional League (IFBB Pro League). The membership was based on winning or placing highly in competitions rather than being judged for outstanding achievements by recognized experts.
- Published Material: The petitioner presented 17 internet items and two interviews. However, most did not meet the required criteria of being about the petitioner’s work or were not from major trade publications or media.
- Leading or Critical Role: The petitioner claimed a critical role for On . However, the evidence provided did not sufficiently demonstrate how the petitioner’s contributions led to successful outcomes for the organization, nor did it establish the distinguished reputation of the organization.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner did not establish that they received a major, internationally recognized award or that the awards presented met the criteria.
Published Materials About the Petitioner:
- Summary of findings: The evidence included internet articles and interviews that lacked necessary details like titles, dates, and authors. Furthermore, the petitioner did not demonstrate that these publications were professional or major trade publications.
Original Contributions of Major Significance:
- Summary of findings: Not specifically addressed, as the petitioner did not meet the initial evidentiary requirement of three criteria.
Participation as a Judge:
- Summary of findings: Not applicable.
Membership in Associations:
- Summary of findings: The petitioner did not show that IFBB Pro League membership required outstanding achievements judged by experts.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable.
Leading or Critical Role Performed:
- Summary of findings: The petitioner’s role at On did not meet the criteria for being critical or for the organization being of distinguished reputation.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable.
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
Supporting Documentation
- Expert Opinion Letters: Provided but did not sufficiently establish criteria.
- Internet Articles and Interviews: Mostly lacked necessary details or were not from recognized major media.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the initial evidentiary requirement of three criteria under 8 C.F.R. § 204.5(h)(3). Additionally, the evidence did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the very top of the field.
Next Steps: The petitioner should consider gathering more robust evidence and possibly seeking expert guidance to meet the criteria for future applications.
