Date of Decision: June 15, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Figure Skating Coach
Field: Figure Skating
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The Petitioner satisfied this criterion by judging figure skating competitions.
Criteria Not Met:
Membership in Associations:
The Petitioner did not demonstrate that her membership in the local figure skating association required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Petitioner’s article on championat.com was not considered scholarly, as it was intended for a general audience rather than learned persons in the field.
Published Material About the Petitioner:
The Petitioner did not provide substantial evidence of published material that was primarily about her and her work. The TV segment on Russia 1 was not sufficiently focused on her achievements.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
The material provided did not sufficiently focus on the Petitioner’s work and recognition. The segment on Russia 1 was more about general skating lessons for children.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The Petitioner has judged figure skating competitions, meeting this criterion.
Membership in Associations:
The evidence did not show that the associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
The Petitioner’s article was aimed at a general audience and did not qualify as a scholarly article.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
- January 2022 Zippia Article: Discussed coaching without a degree but did not contribute to meeting any criteria.
- Letter from the Executive Director of the Figure Skating Federation: Submitted with proper translation certification but did not meet membership criteria requirements.
- TV Segment Transcript: Did not sufficiently focus on the Petitioner’s achievements.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both dismissed.
Reasoning: The Petitioner did not meet the required criteria to establish extraordinary ability. The additional evidence provided did not demonstrate eligibility or correct previous deficiencies.
Next Steps: The Petitioner may consider submitting new evidence that meets the regulatory criteria or exploring other visa categories.
