Date of Decision: May 29, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Freestyle Wrestler and Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner submitted evidence indicating he won first place in several national-level competitions, such as the 2011 [competition] (60 kg), 2012 [competition] (66 kg), and second place in the 2016 [competition] (66 kg). These awards are nationally recognized and influenced the selection for the national wrestling team.
Criteria Not Met:
Membership at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner provided evidence of membership in the [association]. However, the record did not demonstrate that this association required outstanding achievements judged by recognized experts. The provided documents did not specify the criteria for membership or the process for selection.
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner submitted several articles, but they lacked necessary details such as the date of publication, name of the newspaper, and author. Additionally, many internet articles were obtained from third-party sources without clear evidence of their circulation or readership. The articles discussed wrestling tournaments and mentioned the petitioner briefly, but were not specifically about him.
Judging at 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner submitted an identification card indicating he is an International Referee. However, the record lacked evidence describing how the duties of a referee qualify under this criterion. There was no documentation demonstrating the petitioner’s participation as a judge in a capacity that meets the regulatory requirements.
Original Contributions at 8 C.F.R. § 204.5(h)(3)(v):
The petitioner referenced a unique coaching technique based on Georgian wrestling style. However, there was no evidence that this technique had an impact beyond the students coached by the petitioner, thus failing to demonstrate major significance in the field.
Artistic Exhibitions or Showcases at 8 C.F.R. § 204.5(h)(3)(vii):
The petitioner did not provide evidence demonstrating that his wrestling matches were considered artistic exhibitions or showcases.
Leading or Critical Role at 8 C.F.R. § 204.5(h)(3)(viii):
The petitioner claimed to be a coach and referee for the [organization], but the evidence did not establish the exact nature of his role or the impact on the organization. The record did not support a finding that his role was leading or critical for the organization.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won multiple national-level wrestling competitions, including first place in 2011 and 2012, and second place in 2016.
Published Materials About the Petitioner:
Several articles mentioned the petitioner in the context of wrestling tournaments, but these did not meet the regulatory requirements for published material specifically about the petitioner.
Original Contributions of Major Significance:
The petitioner employed a unique coaching technique based on Georgian wrestling style, but there was no evidence of its impact beyond his students.
Participation as a Judge:
The petitioner was an International Referee, but there was insufficient evidence to demonstrate his participation as a judge in a capacity that meets the regulatory requirements.
Membership in Associations:
The petitioner was a member of several associations, but the record did not demonstrate that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The evidence did not establish that the petitioner’s roles as a coach and referee were leading or critical for the organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Evidence of winning multiple medals in national-level wrestling competitions.
Articles published in newspapers and online sources mentioning his achievements.
Letters and affidavits regarding his roles as a coach and referee.
Documentation of his membership in wrestling associations.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit the required initial evidence of either a qualifying one-time achievement or documentation that meets at least three of the ten criteria listed. Consequently, the petitioner failed to establish eligibility for the benefit sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
