Date of Decision: March 2, 2022
Service Center: Nebraska 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:
Lesser nationally or internationally recognized prizes or awards:
The Petitioner has won gold, silver, and bronze medals at national swimming competitions in her home country between 2014 and 2017.
Membership in associations that require outstanding achievements:
The Petitioner was a member of the National Swimming Team in her home country, a membership that requires exceptional swimming achievements.
Criteria Not Met:
Published material about the individual in professional or major media:
The Petitioner submitted articles from local media; however, they did not qualify as major media.
Authorship of scholarly articles:
The Petitioner did not contest the Director’s conclusion regarding the lack of scholarly articles.
Leading or critical role for distinguished organizations or establishments:
The Petitioner claimed roles in both her university’s swimming team and the National Swimming Team, but did not establish the distinguished reputation of these organizations or her critical role within them.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner won medals at national competitions, which were recognized as satisfying the criterion for lesser nationally or internationally recognized prizes or awards.
Published Materials About the Petitioner:
Submitted articles were about the Petitioner’s training regimen and achievements, but the publications did not qualify as major media.
Original Contributions of Major Significance:
No evidence of original contributions of major significance was provided.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The Petitioner was a member of the National Swimming Team, satisfying this criterion.
Authorship of Scholarly Articles:
The Petitioner did not provide evidence to support this criterion and did not contest the Director’s findings.
Leading or Critical Role Performed:
The Petitioner did not establish her role as leading or critical within a distinguished organization.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- National Competition Medals: Documentation of medals won at national competitions between 2014 and 2017.
- Membership Verification: Proof of membership in the National Swimming Team.
- Media Articles: Articles from local media discussing the Petitioner’s training and achievements.
- Letters of Recommendation: Letters from coaches and federation officials attesting to the Petitioner’s skills and contributions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time achievement or at least three of the ten lesser criteria. Despite national success as a teenager, there was insufficient evidence of sustained national or international acclaim. The Petitioner must show continued recognition and be among the top in her field, which was not demonstrated in this case.
Next Steps:
The Petitioner may consider gathering additional evidence of international recognition and sustained acclaim before reapplying or pursuing other visa classifications that may be more appropriate to her current achievements.
