Date of Decision: NOV 20, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Swimmer
Field: Athletics
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes Won: The Petitioner won nationally and internationally recognized awards in swimming competitions, including gold medals at the 2016 competitions in multiple events. This fulfills the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner was a member of teams that require outstanding achievements as determined by national experts, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material About the Petitioner: The Petitioner received media coverage in major swimming publications such as Swimming World, fulfilling the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Leading or Critical Role: The Petitioner performed in a critical role for distinguished organizations such as the men’s swim team, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
Findings: The Petitioner won gold medals at the 2016 competitions in multiple events, demonstrating national and international recognition in competitive swimming.
Published Materials About the Petitioner:
Findings: The Petitioner’s achievements and competitions have been covered in major swimming publications such as Swimming World, SwimSwam, Egypt Daily News, Kingfitl, and Al-Ahram News.
Original Contributions of Major Significance:
Findings: The Petitioner has set records and brought recognition to his teams through his swimming achievements, demonstrating his major contributions to the field.
Participation as a Judge:
Findings: Not applicable in this case.
Membership in Associations:
Findings: The Petitioner was a member of prestigious swimming teams that require exceptional performance, meeting this criterion.
Authorship of Scholarly Articles:
Findings: Not applicable in this case.
Leading or Critical Role Performed:
Findings: The Petitioner played a critical role in his teams’ success and represented Egypt in international competitions.
Artistic Exhibitions or Showcases:
Findings: Not applicable in this case.
Evidence of High Salary or Remuneration:
Findings: Not applicable in this case.
Commercial Successes in the Performing Arts:
Findings: Not applicable in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s achievements in competitive swimming.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s contributions to the field of competitive swimming.
Conclusion
Final Determination: Appeal Sustained
Reasoning:
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). He has demonstrated sustained national and international acclaim and that his achievements have been recognized through extensive documentation. The Petitioner also provided sufficient evidence that he intends to continue working in his area of expertise and that he will substantially benefit prospectively the United States.
Next Steps:
The Petitioner is now classified as an individual of extraordinary ability and can proceed with his plans to continue his work and competitions in the United States, contributing significantly to the field of competitive swimming.
