Date of Decision: April 18, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Swimmer
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Membership in Associations at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner demonstrated that he was a member of the Polish national team on multiple occasions and represented Poland at the Summer Olympic Games. This satisfies the criterion for membership in associations requiring outstanding achievements.
Criteria Not Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner provided documentation of various points earned for teams, certificates, and medals. However, these did not constitute nationally or internationally recognized awards for excellence in the field of endeavor.
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner submitted several articles and video interviews. However, the provided evidence was insufficient to demonstrate that these appeared in professional or major trade publications or other major media.
Leading or Critical Role at 8 C.F.R. § 204.5(h)(3)(viii):
The petitioner claimed to have performed a critical role for the University swim team and the Polish national team. However, the evidence did not sufficiently differentiate his role from other team members or demonstrate significant impact.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted various certificates and medals but did not provide sufficient evidence to establish that these were nationally or internationally recognized awards for excellence.
Published Materials About the Petitioner:
The petitioner submitted articles and video interviews but failed to demonstrate that these publications qualified as major media or professional trade publications.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
Not applicable based on the provided evidence.
Membership in Associations:
The petitioner satisfied this criterion by demonstrating membership in the Polish national team and participation in the Summer Olympic Games.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The petitioner claimed to have played a critical role for various teams, but the evidence did not sufficiently differentiate his contributions from those of other team members.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
- Certificates and medals from various competitions.
- Articles and video interviews discussing his athletic performances.
- Letters from coaches and teammates attesting to his skills and contributions.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. Although he satisfied one criterion, the evidence did not demonstrate sustained national or international acclaim or a major contribution in the field of athletics. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
