Date of Decision: August 8, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Epee Fencer and Coach
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 won several awards, including junior world championships and national championships in Israel. These awards are recognized nationally within Israel and internationally within the junior fencing community.
Membership in Associations: The petitioner was a member of the Israeli national senior team, which requires outstanding achievements of its members. This membership is recognized as a significant association within the field of fencing.
Criteria Not Met:
Published Materials About the Petitioner: The petitioner provided articles from Israeli newspapers and fencing websites. However, these materials did not meet the required initial evidence standards, such as certified translations and documentation of the publications’ distribution or circulation. The provided articles were not sufficiently proven to be from major media.
Original Contributions of Major Significance: The petitioner did not provide sufficient evidence to show original contributions of major significance in fencing. Coaching success, while commendable, did not meet the criterion of original and major contributions to the sport.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won multiple junior championships and national championships in Israel. While these awards demonstrate significant skill, they did not qualify as major, internationally recognized awards equivalent to a Nobel Prize.
Published Materials About the Petitioner:
The petitioner provided various articles, but many lacked certified translations or proper documentation. As a result, these materials did not meet the evidentiary standards required for this criterion.
Original Contributions of Major Significance:
The petitioner demonstrated success as a coach, with students achieving notable progress and awards. However, these achievements were not considered original contributions of major significance to the sport of fencing.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner’s membership in the Israeli national senior team was recognized as a significant achievement, meeting one of the required criteria.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Reference Letters: Multiple reference letters from peers and mentors within the fencing community were provided, but they did not sufficiently establish original contributions or major significance.
- Articles and Publications: Various articles from Israeli newspapers and fencing websites were submitted, but many lacked certified translations or proper documentation.
- Awards and Certificates: Documentation of multiple awards and medals was provided, demonstrating national and international recognition within the junior fencing community.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate a one-time achievement equivalent to a major, internationally recognized award, nor did they satisfy at least three of the ten regulatory criteria required for EB-1 classification. Despite notable achievements in junior fencing and coaching, the petitioner did not establish the level of extraordinary ability required.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit their qualifications and achievements.
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