EB-1 Extraordinary Ability USCIS Appeal Review – Competitive Ice Skater – NOV072016_01B2203

Date of Decision: November 7, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Competitive Ice Skater
Field: Athletics
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Awards and Prizes:

• The Petitioner received first through third place in the [specific events], representing [country] in two [specific events] and four [specific events].

1. Membership in Associations:

• The Petitioner was a member of the national team of [country] for ice skating, which requires outstanding achievements judged by recognized experts.

Criteria Not Met:

1. Published Materials:

• The Petitioner did not provide complete translations of articles, nor did they provide circulation data, which is necessary to meet the criterion of published material in major media.

1. Display of Work at Artistic Exhibitions or Showcases:

• The Petitioner argued that athletic competitions demonstrate artistic elements but did not provide evidence that competitions are artistic exhibitions or showcases.

1. Leading or Critical Role:

• The Petitioner did not provide specific evidence demonstrating a leading or critical role within the team hierarchy or the impact on the team.

Key Points from the Decision

Awards and Prizes Won:

• The Director and the appeals office recognized that the Petitioner met the criterion for lesser nationally or internationally recognized awards.

Published Materials About the Petitioner:

• The Petitioner initially provided several articles, but the translations were not complete, and there was no circulation data. This criterion was not met as per 8 C.F.R. § 204.5(h)(3)(iii).

Original Contributions of Major Significance:

• Not applicable in this case as no specific contributions were detailed.

Participation as a Judge:

• Not applicable in this case.

Membership in Associations:

• The Petitioner was a member of the national ice skating team, which met the criterion for membership in associations requiring outstanding achievements.

Authorship of Scholarly Articles:

• Not applicable in this case.

Leading or Critical Role Performed:

• The Petitioner did not provide sufficient evidence to demonstrate a leading or critical role.

Artistic Exhibitions or Showcases:

• The Petitioner’s argument that athletic competitions demonstrate artistic elements was not accepted as evidence of artistic exhibitions or showcases.

Evidence of High Salary or Remuneration:

• Not applicable in this case.

Commercial Successes in the Performing Arts:

• Not applicable in this case.

Supporting Documentation

1. Awards and Prizes Documentation: Summaries of competition results and awards received.
2. Membership Documentation: Confirmation letters from the national team and ice skating association.
3. Published Materials: Provided articles with incomplete translations and no circulation data.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents satisfying at least three of the ten regulatory criteria. The Petitioner provided evidence meeting only two criteria, insufficient for EB-1 classification.

Next Steps: It is recommended that the Petitioner provides complete translations of published articles, circulations data, and additional evidence demonstrating a leading or critical role or artistic exhibitions.

Download the Full Petition Review Here.