Date of Decision: June 2, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Entrepreneur
Field: Motorsports
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized awards:
The Petitioner has received multiple awards that qualify as lesser nationally or internationally recognized awards, such as the 2019 Award and the 2009 Cup, which are acknowledged for their excellence in the field of motorsports.
Published materials about the petitioner:
The Petitioner provided letters from officials of publications that were signed, dated, and written on the letterhead of the respective publications, accompanied by certified English translations. These letters, although initially discounted due to lack of curriculum vitae, were considered valid evidence.
Original contributions of major significance:
The Petitioner has demonstrated original contributions to the field of motorsports through organizing vehicle expeditions, managing a magazine dedicated to vehicles and travel, and proposing to establish a similar business in the United States.
Participation as a judge of the work of others:
The Petitioner served as a judge in various vehicle competitions, providing expert evaluations that demonstrate his recognition as an authority in his field.
Criteria Not Met:
None explicitly detailed as unmet but remanded for further clarification and evaluation by the Director.
Key Points from the Decision
Awards and Prizes Won:
The Director initially considered some of the Petitioner’s awards as evidence of one-time achievements. However, these awards were later recognized as lesser nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided significant evidence of published materials about his work. The letters from publication officials were initially discounted but later deemed valid upon appeal.
Original Contributions of Major Significance:
The Petitioner has made significant contributions to the motorsports industry, including organizing competitions and expeditions, and writing articles in a specialized magazine.
Participation as a Judge:
The Petitioner’s role as a judge in vehicle competitions was recognized as meeting one of the evidentiary criteria for extraordinary ability.
Supporting Documentation
- Awards: Documents verifying the receipt of the 2019 Award and the 2009 Cup.
- Letters from Publication Officials: Signed, dated letters on official letterhead, with certified English translations.
- Evidence of Original Contributions: Documentation of organized vehicle expeditions, competition management, and published articles.
- Evidence of Judging Participation: Records of the Petitioner’s role as a judge in vehicle competitions.
Conclusion
Final Determination:
The Director’s initial decision was withdrawn, and the case was remanded for further review. The new decision should include a comprehensive analysis of whether the Petitioner meets the criteria for extraordinary ability.
Reasoning:
The Director did not adequately consider some of the evidence submitted, applied incorrect standards, and failed to provide a thorough analysis of the Petitioner’s qualifications.
Next Steps:
The Petitioner should ensure all relevant evidence is clearly presented and may consider additional documentation to support their claims. The Director will need to conduct a final merits determination to assess the totality of the evidence.
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