Date of Decision: July 28, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Chief Instructor and President
Field: Instruction and School Management
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Judging: The Beneficiary was recognized for judging in his field. However, this was the only criterion met according to the initial decision.
Criteria Not Met:
Lesser nationally or internationally recognized prizes or awards:
The Beneficiary’s past awards and trophies as a competitive athlete were not considered relevant to his current field of school management and instruction.
Membership in associations in the field:
Memberships cited did not meet the criterion as they were based on the Beneficiary’s previous competitive career, not his role in school management or instruction.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner argued that the Beneficiary’s past competitive achievements should count towards the criteria. However, USCIS determined these awards were not applicable to the Beneficiary’s current field of school management and instruction.
Published Materials About the Petitioner:
Not applicable.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
Recognized but insufficient to meet the overall requirement of three criteria.
Membership in Associations:
The provided memberships were related to the Beneficiary’s prior career and not relevant to the current field of instruction and management.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letter from Association: Confirmed membership but related to past competitive achievements.
- Reference Letters: Provided general commendations but lacked specificity towards the field of school management and instruction.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner failed to demonstrate the Beneficiary met at least three of the required criteria specific to his field of expertise. The awards and memberships cited were related to his prior career as a competitive athlete, not his role in school management and instruction. The evidence provided did not establish that the Beneficiary’s achievements in his current field meet the standards for extraordinary ability.
Next Steps:
Petitioner may consider gathering and presenting additional evidence specifically related to the Beneficiary’s current field of expertise, such as significant achievements in school management and instruction, for any future petitions.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 21035380
JUL282022_02B2203
