Date of Decision: February 27, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Rower
Field: Athletics (Rowing)
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner provided sufficient evidence to establish that his first-place finish in the 2016 event meets this criterion. The evidence included official race results, letters from USRowing and The Rowing Society, and international media coverage.
Criteria Not Met:
Published material about the individual in professional or major trade publications or other major media:
The evidence provided did not meet the regulatory requirements as the articles were not primarily about the petitioner or lacked proper translation and supporting evidence of the publication’s significance.
Original contributions of major significance in the field:
While the petitioner demonstrated achievements in rowing, the evidence did not establish that these contributions were of major significance in the field.
Leading or critical role for organizations or establishments with a distinguished reputation:
The evidence did not demonstrate that the petitioner held a leading or critical role in recognized organizations. The roles described were valuable but not significantly impactful to the organizations’ activities.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s first-place finish in the 2016 event was recognized as a lesser nationally or internationally recognized prize.
Published Materials About the Petitioner:
The submitted articles did not meet the criterion as they were not primarily about the petitioner or lacked sufficient supporting evidence.
Original Contributions of Major Significance:
The petitioner’s contributions in rowing were recognized but did not rise to the level of major significance required by the criterion.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
The petitioner’s roles in rowing clubs were valuable but not sufficiently critical or leading as required by the criterion.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
Official race results from the 2016 event.
Letters from USRowing and The Rowing Society.
International media coverage from sources including Outside magazine, CNBC, Huffington Post, and Brazilian media outlets.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the required evidentiary criteria.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the ten regulatory criteria.
The totality of the evidence did not support a finding of sustained national or international acclaim.
Next Steps:
The petitioner may consider gathering additional evidence to better support the criteria that were not met.
Consulting with an immigration attorney for further guidance and potential reapplication may be beneficial.
