Date of Decision: January 3, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Aircraft Model Pilot
Field: Aeromodelling
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
[Criterion 1]: Original Contributions of Major Significance The petitioner demonstrated original contributions of major significance by finishing in first place at the 2017 Championship of Ukraine and receiving the title of Master of Sports of Ukraine from the Ministry of Youth and Sports of Ukraine.
Criteria Not Met:
[Criterion 1]: Membership in Associations The petitioner did not establish that he was a member of an association in his field that required outstanding achievements of its members. The title of Master of Sports of Ukraine, awarded by a governmental body, did not qualify as membership in an association.
[Criterion 2]: Published Material The petitioner presented blog posts about his achievements, but the evidence did not establish that these blogs constituted major media as required by the criteria. The blogs did not have a wide enough readership to be considered major media.
Key Points from the Decision
Awards and Prizes Won: The petitioner received the title of Master of Sports of Ukraine for finishing in first place at the 2017 Championship of Ukraine. However, this did not satisfy the membership criterion because it was awarded by a governmental body, not an association.
Published Materials About the Petitioner: Three blog posts were submitted as evidence, but they were not recognized as major media publications. The appeal did not provide sufficient evidence that these blogs were widely read or influential enough to meet the criteria.
Original Contributions of Major Significance: The petitioner’s first-place finish in a national championship was recognized, but it was not sufficient to meet the overall criteria for extraordinary ability.
Supporting Documentation
- Identification Card from the Ministry of Youth and Sports of Ukraine: Documented the petitioner’s title of Master of Sports of Ukraine.
- Certificate from the Ukrainian Federation of Aeromodelling and Drone Sport: Confirmed the petitioner’s first-place finish at the 2017 Championship of Ukraine and the awarding of the title.
- Appendix from the Ukrainian Unified Sports Classification of Non-Olympic Sports: Provided criteria for earning the title of Master of Sports of Ukraine.
- Blog Posts: Included letters from editors and website statistics to support the claim of published material in major media.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not satisfy the required initial evidence of either a one-time achievement or documents that met at least three of the ten criteria. The evidence presented did not demonstrate the petitioner’s sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Next Steps: The petitioner may consider gathering additional evidence that more clearly meets the criteria outlined by the USCIS for demonstrating extraordinary ability. This could include obtaining more widely recognized awards, publishing in major media, or proving membership in distinguished associations within his field.
