Date of Decision: FEB. 9, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Canyoneering Guide
Field: Athletics
Nationality: Nepali
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge: The petitioner has submitted sufficient documentary evidence to establish participation as a judge in canyoneering, which meets the regulatory criteria.
- Original Contributions of Major Significance: The petitioner is recognized for identifying and exploring new canyons in Nepal, which was considered a significant contribution to the field of canyoneering.
Criteria Not Met:
- Membership in Associations: The petitioner did not prove that memberships required outstanding achievements as judged by recognized national or international experts.
- Published Materials About the Petitioner: The submitted articles were not deemed to be from professional or major trade publications or to be significant enough in the field.
- Leading or Critical Role: The petitioner failed to provide evidence of a leading or critical role in organizations with a distinguished reputation.
- High Salary or Remuneration: The petitioner did not adequately demonstrate commanding a high salary compared to others in the field.
Key Points from the Decision
Awards and Prizes Won:
No awards or prizes relevant to the EB-1 classification were documented.
Published Materials About the Petitioner:
Articles and media mentions did not meet the necessary criteria of being in major trade publications or recognized major media.
Original Contributions of Major Significance:
The petitioner’s role in promoting canyoneering in Nepal was acknowledged, but these contributions were not deemed significant enough to influence the canyoneering field globally.
Participation as a Judge:
Valid participation in judging roles within canyoneering contests or events was documented.
Membership in Associations:
Failed to prove membership criteria based on outstanding achievements as required by regulatory standards.
Leading or Critical Role Performed:
Evidence provided did not establish the petitioner’s role as leading or critical within organizations with notable reputations.
Evidence of High Salary or Remuneration:
Comparison of the petitioner’s remuneration did not establish a significantly high salary relative to the field standards.
Supporting Documentation
- Evidence of participation as a judge.
- Letters of recommendation and acknowledgment for contributions to canyoneering.
- Financial statements and comparative salary information.
- Membership letters and descriptions of association roles and criteria.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not meet the required number of evidentiary criteria to qualify as an alien of extraordinary ability under EB-1 classification.
Reasoning: The evidence provided was insufficient to meet the high standards required for EB-1 classification, particularly in demonstrating significant impact and recognition in the field of athletics, specifically canyoneering.
Next Steps: The petitioner may consider gathering more robust documentation and evidence that clearly meets the EB-1 criteria or may explore other visa categories more aligned with the available evidence.
