Date of Decision: April 14, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Competitive Swimmer
- Field: Athletics
- Nationality: [Nationality Not Specified]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized prizes or awards: The Petitioner provided evidence of multiple awards and recognitions in competitive swimming, which are acknowledged as satisfying this criterion.
- Published material in professional or major media: Articles and media coverage about the Petitioner’s achievements were submitted and accepted as meeting this criterion.
- Leading or critical role for distinguished organizations: The Petitioner’s role as a team captain for the University women’s swimming and diving team was acknowledged, demonstrating a leading role within a distinguished organization.
Criteria Not Met:
- Membership in associations that require outstanding achievements: The evidence did not support that the Petitioner’s memberships were in associations requiring outstanding achievements.
- Evidence of a one-time achievement: The Petitioner did not demonstrate a major, internationally recognized award.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner won several national and international competitions, received swimmer of the year titles, and set multiple records.
Published Materials About the Petitioner:
- Articles from various sports news outlets documented the Petitioner’s accomplishments and contributions to the sport.
Original Contributions of Major Significance:
- The Petitioner’s achievements, including setting records and winning major competitions, were highlighted as significant contributions to the field of competitive swimming.
Participation as a Judge:
- No evidence was provided for participation as a judge in the field.
Membership in Associations:
- The Petitioner was a member of various swimming organizations, but the memberships did not meet the criterion of requiring outstanding achievements.
Authorship of Scholarly Articles:
- No evidence was provided for authorship of scholarly articles.
Leading or Critical Role Performed:
- The Petitioner’s role as team captain was detailed, showing leadership and significant contributions to the team’s success.
Artistic Exhibitions or Showcases:
- Not applicable for this case.
Evidence of High Salary or Remuneration:
- Not applicable for this case.
Commercial Successes in the Performing Arts:
- Not applicable for this case.
Supporting Documentation
- Awards Certificates: Copies of awards and recognitions in swimming.
- Media Articles: Articles from recognized sports media outlets detailing the Petitioner’s achievements.
- Letters of Recommendation: Testimonials from coaches and teammates describing the Petitioner’s leadership and accomplishments.
Conclusion
- Final Determination: The Director’s decision is withdrawn and the case is remanded for further review.
- Reasoning: The Petitioner met three criteria required for EB1 classification, and the Director must now conduct a final merits review.
- Next Steps: The Director will reassess the totality of the evidence to determine if the Petitioner demonstrates sustained national or international acclaim.
