Date of Decision: July 28, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
- Criterion: Awards
The Petitioner has demonstrated evidence of awards, including four first-place victories at national and international amateur competitions. - Criterion: Published Material
Media coverage about the Petitioner from 2006 until March 2017 was presented. - Criterion: Membership
The Petitioner’s membership with the Olympic team that competed in Beijing in 2008 was accepted as evidence of extraordinary ability.
Criteria Met:
Criteria Not Met:
- Criterion: Sustained Acclaim
The Petitioner did not demonstrate sustained national or international acclaim since 2017. - Criterion: Leading or Critical Role
The Petitioner failed to show his coaching role was leading or critical to the success of the organizations he worked with. - Criterion: Continued Success
There was no evidence of continued competitive success or significant achievements since 2017.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s awards include four first-place victories at the Championships (2007, 2009, 2010, and 2013) and a silver medal at the 2017 Cup tournament in Germany.
Published Materials About the Petitioner:
Media coverage from 2006 to March 2017 was provided, but there was no evidence of coverage after March 2017, which is necessary to demonstrate sustained acclaim.
Original Contributions of Major Significance:
The Petitioner’s contributions were primarily in the amateur field, with no evidence of significant contributions or recognition at the professional level after 2017.
Participation as a Judge:
No evidence was provided to show participation as a judge of others’ work in the field.
Membership in Associations:
Membership in the Olympic team was considered, but no evidence of membership in other professional associations that require outstanding achievements was provided.
Authorship of Scholarly Articles:
No evidence was provided of authorship of scholarly articles in the field.
Leading or Critical Role Performed:
The Petitioner’s role as a coach at a California-based organization from 2016-2019 was not shown to be leading or critical. The success of athletes coached by the Petitioner was not significantly attributable to his efforts.
Artistic Exhibitions or Showcases:
Not applicable to this case.
Evidence of High Salary or Remuneration:
No evidence was provided showing a high salary or remuneration indicative of extraordinary ability.
Commercial Successes in the Performing Arts:
Not applicable to this case.
Supporting Documentation
The supporting documentation included:
- Awards and achievements in national and international competitions.
- Membership evidence with the 2008 Olympic team.
- Media coverage from 2006 to March 2017.
- Letters of support from professionals in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The Petitioner did not demonstrate sustained national or international acclaim or that he is among the small percentage at the top of his field. The evidence presented was insufficient to meet the highly restrictive criteria for the EB-1 classification.
Next Steps:
The Petitioner may consider seeking additional evidence to support his claim or explore other visa classifications that may better fit his professional profile and achievements.
Download the Full Petition Review Here
Cite as Matter of G-M-, ID# 20755433
JUL282022_01B2203
