Date of Decision: November 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Dressage Rider and Trainer
Field: Equestrian Sports
Nationality: Canadian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field: The Petitioner received several awards, including team and individual gold and silver medals at championships in 2006 and 2007, as well as a notable trophy awarded by the United States Dressage Federation in 2007.
2. Published material about the alien in professional or major trade publications or other major media: Articles about the Petitioner and her work as a dressage competitor were published in reputable equestrian sports media, including the Chronicles of the Horse website.
3. Performing in a leading or critical role for organizations or establishments that have a distinguished reputation: The Petitioner played a critical role at a company engaged in training horses for high-level dressage competition, contributing significantly to its success.
Criteria Not Met:
1. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field: The Petitioner failed to demonstrate that her training methods were original and significantly influential in the field of dressage. The reference letters lacked specificity and included repetitive language, reducing their evidentiary value.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner was acknowledged for receiving team and individual medals at international championships and a significant award from the United States Dressage Federation. However, the Director found that this criterion was met based on evidence of her awards as a rider rather than her overall contributions.
Published Materials About the Petitioner:
Several articles about the Petitioner were published in reputable equestrian sports media. These included necessary details such as title, date, and author, fulfilling the criteria for published material.
Original Contributions of Major Significance:
The Petitioner claimed that her training methods were original and significant. However, the reference letters provided were not sufficiently detailed, and the claimed originality and significance were not substantiated with adequate documentary evidence.
Participation as a Judge: N/A
Membership in Associations: N/A
Authorship of Scholarly Articles: N/A
Leading or Critical Role Performed:
The Petitioner played a critical role at a distinguished company, contributing to the training of top dressage horses. However, the evidence was insufficient to establish her overall impact and acclaim in the field.
Artistic Exhibitions or Showcases: N/A
Evidence of High Salary or Remuneration: N/A
Commercial Successes in the Performing Arts: N/A
Supporting Documentation
- Awards certificates
- Published articles in reputable equestrian media
- Reference letters from colleagues and clients
- Evidence of the Petitioner’s role and contributions at a distinguished training company
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to demonstrate sustained national or international acclaim or that she is one of the small percentages at the top of her field. The final merits determination concluded that the Petitioner has not established the elite standards required for the EB1 Extraordinary Ability classification.
Next Steps: The Petitioner may consider submitting additional evidence or reapplying with a stronger documentation of her achievements and contributions.
