Date of Decision: MAY 19, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Cycling Coach
Field: Athletics
Nationality: Iranian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: Evidence of published material about the petitioner as a cycling coach was accepted.
- Participation as a Judge: Evidence showed participation in talent identification, deemed equivalent to judging in the field.
- Authorship of Scholarly Articles: Authored a paper on the psychological characteristics of elite cyclists, recognized as scholarly work.
Criteria Not Met:
- Original Contributions of Major Significance: The claim of developing a new training method lacked independent, objective evidence and contained discrepancies in documentation.
- Leading or Critical Role: Limited evidence of a leading role in significant competitions or events.
- High Salary or Remuneration: No evidence provided to indicate high salary levels commensurate with top-tier professionals in the field.
Key Points from the Decision
Awards and Prizes Won:
No significant awards or prizes directly related to the recognition of extraordinary ability were mentioned.
Published Materials About the Petitioner:
Several articles were presented; however, their impact and the prominence of the publications were questioned, not supporting a claim of extraordinary ability.
Original Contributions of Major Significance:
Allegations of a novel training method were not supported by credible, verifiable evidence.
Participation as a Judge:
Participation was noted, but it was not sufficient to prove extraordinary ability, as the roles did not clearly show influence or leadership in the field.
Membership in Associations:
No information provided.
Authorship of Scholarly Articles:
The authored article was accepted as scholarly but did not suffice to prove prominence in the field alone.
Leading or Critical Role Performed:
Evidence of roles did not clearly demonstrate leadership or critical impact at the highest levels of the sport.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
No evidence presented to indicate compensation at levels indicative of extraordinary ability.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Translations of Foreign Documents: Issues with the certification of translations raised concerns about the validity of the documentation provided.
- Letters of Reference: Several letters of reference were provided, but they lacked sufficient detail to substantiate claims of extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed. The petitioner, although having met some criteria, failed to convincingly demonstrate extraordinary ability in athletics as required for the EB-1 classification.
Reasoning:
The decision emphasized the lack of comprehensive, corroborative, and credible evidence to support the claims of extraordinary ability.
Next Steps:
Further documentation and evidence may be necessary to substantiate claims if reconsideration or a new petition is considered.
