EB-1 Extraordinary Ability USCIS Appeal Review – Competitive Wrestler – MAY272020_10B2203

Date of Decision: May 27, 2020

Service Center: Nebraska Service Center

Form Type: Form I-140

Case Type: EB1 Extraordinary Ability

Petitioner Information

Profession: Competitive Wrestler
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 received silver and bronze medals at the Championship of Uzbekistan. This event is sanctioned by the national federation for wrestling and the Uzbekistan Ministry of Physical Culture and Sports, making it the official national championship in the sport in Uzbekistan.

Criteria Not Met

Membership in Associations: The Petitioner claimed membership in the Uzbekistan National Wrestling Team. However, the provided letters and documentation did not sufficiently detail the selection criteria or processes. The letters largely repeated the regulatory language without specific details on the Petitioner’s selection and achievements.

Published Material in Major Media: The Petitioner provided several articles, but they did not meet the criterion of being about the Petitioner and published in major media. Articles submitted post-filing were not considered, and the provided articles lacked evidence of being from major trade or professional publications.

Original Contributions of Major Significance: The Petitioner did not sufficiently demonstrate that his contributions had a significant impact on the field. Letters provided were repetitive and lacked specific details on how his contributions were of major significance.

Leading or Critical Role for Distinguished Organizations: The Petitioner claimed to have served as the captain of the Uzbekistan National Wrestling Team. However, inconsistencies in the documentation and lack of corroborative evidence on his leadership role did not establish that he held a leading or critical role.

Key Points from the Decision

Awards and Prizes Won:

Summary of findings: The Petitioner received silver and bronze medals at the Championship of Uzbekistan, which satisfies this criterion.

Published Materials About the Petitioner:

Summary of findings: The articles provided were not primarily about the Petitioner and did not establish publication in major media.

Original Contributions of Major Significance:

Summary of findings: The letters provided did not sufficiently detail the major significance of the Petitioner’s contributions in the field.

Participation as a Judge:

Summary of findings: No evidence provided.

Membership in Associations:

Summary of findings: The Petitioner did not provide sufficient evidence demonstrating that the membership in the Uzbekistan National Wrestling Team required outstanding achievements judged by recognized experts.

Authorship of Scholarly Articles:

Summary of findings: No evidence provided.

Leading or Critical Role Performed:

Summary of findings: The Petitioner did not sufficiently demonstrate playing a leading or critical role for organizations with a distinguished reputation.

Artistic Exhibitions or Showcases:

Summary of findings: No evidence provided.

Evidence of High Salary or Remuneration:

Summary of findings: No evidence provided.

Commercial Successes in the Performing Arts:

Summary of findings: No evidence provided.

Supporting Documentation

Award Materials: Provided and established national recognition.
Articles and Publications: Did not meet the required standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.

Conclusion

Final Determination: The appeal is dismissed.

Reasoning: The Petitioner met one criterion but did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.

Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.

Download the Full Petition Review Here

Edward
Edward

I am a computer science student of the Federal University of Technology Owerri.
I enjoy reading Sci-fy novels, watching anime and playing basketball.

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