Date of Decision: SEPT. 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Swimmer
Field: Athletics
Nationality: Russia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The Petitioner documented receiving several awards, including:
- Bronze medal at the 2009 Championship in men’s 100 meter and 200 meter breaststroke events.
- Gold medal at the 2010 Championship.
- Gold medal at the 2013 Championship.
Membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts:
The Petitioner demonstrated membership on the Russian National Team that competed at the 2009 Championship, which required outstanding achievements as judged by national experts.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought:
Although the Petitioner submitted multiple articles, they were deemed not about him specifically but rather about the events in which he competed. The articles did not satisfy the plain language of the regulation as they mainly reported results without substantial focus on the Petitioner.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The Petitioner did not provide sufficient evidence demonstrating his leading or critical role. Letters from representatives lacked specifics on how the Petitioner’s role was critical to the organization’s success.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner documented receipt of several medals in national and international competitions, but this was not sufficient to meet the one-time achievement criterion or the overall extraordinary ability requirement.
Published Materials About the Petitioner:
- Submitted articles from Swimming World Magazine, Swim Swam, and other sources primarily reported competition results and did not focus on the Petitioner’s accomplishments in a manner that met USCIS standards.
Original Contributions of Major Significance:
- No substantial evidence was provided to support claims of original contributions of major significance in the field of athletics.
Participation as a Judge:
- Not applicable; no evidence was provided to support this criterion.
Membership in Associations:
- The Petitioner successfully documented membership in the Russian National Team, meeting this criterion.
Authorship of Scholarly Articles:
- Not applicable; no evidence was provided to support this criterion.
Leading or Critical Role Performed:
- The Petitioner failed to provide sufficient documentation demonstrating a leading or critical role within distinguished organizations.
Artistic Exhibitions or Showcases:
- Not applicable; no evidence was provided to support this criterion.
Evidence of High Salary or Remuneration:
- Not applicable; no evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
- Not applicable; no evidence was provided to support this criterion.
Supporting Documentation
- Bronze Medal at 2009 Championship: Evidence of national and international recognition of the award.
- Gold Medals at 2010 and 2013 Championships: Documentation supporting the international acclaim of these awards.
- Membership in the Russian National Team: Letter from the First Vice President of the Russian Swimming Federation verifying the Petitioner’s selection and participation in elite competitions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the minimum criteria required for classification as an individual of extraordinary ability. Specifically, the Petitioner only satisfied two of the ten required criteria and did not demonstrate sustained national or international acclaim.
Next Steps: The Petitioner may consider submitting additional evidence or reapplying if further accomplishments are achieved that meet the required evidentiary criteria.
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