Date of Decision: APR. 6, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Freestyle Wrestler
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Prizes or Awards
Description: Petitioner satisfied the criteria for prizes or awards relevant to the field but failed to prove their significance or that they were indicative of sustained acclaim.
Criterion 2: Published Material About Petitioner
Description: Published materials mentioned the petitioner, but did not significantly establish his sustained national or international acclaim.
Criterion 3: Participation as a Judge
Description: Petitioner had acted as a judge in his field; however, the evidence was not compelling enough to prove a significant level of acclaim.
Criteria Not Met:
Criterion 4: Membership in Associations
Description: Petitioner listed memberships related to his roles, but could not demonstrate that these were prestigious or selective memberships indicating top-level acclaim.
Criterion 5: Leading or Critical Roles
Description: The evidence provided was insufficient to demonstrate that the petitioner’s roles were leading or critical in highly distinguished organizations.
Criterion 6: High Salary or Remuneration
Description: Not applicable or not sufficiently documented to support a claim of extraordinary ability.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards, mostly from youth or junior competitions, lacked probative value without certified translations and failed to demonstrate sustained acclaim.
Published Materials About the Petitioner:
Documentation included unreliable sources like Wikipedia and unsupported newspaper articles, which did not substantiate claims of high-level recognition or acclaim.
Original Contributions of Major Significance:
Not applicable; no evidence was provided to suggest significant original contributions.
Participation as a Judge:
Provided limited details and insufficient proof of the significance of the judging roles undertaken by the petitioner.
Membership in Associations:
Petitioner failed to demonstrate that his memberships were in associations that required outstanding achievements as a condition of membership.
Leading or Critical Role Performed:
Lack of detailed and credible evidence on the petitioner’s roles within organizations.
Evidence of High Salary or Remuneration:
Not addressed in the decision or insufficient evidence provided.
Commercial Successes in the Performing Arts:
Not applicable to the petitioner’s profession in athletics.
Supporting Documentation
List of documents included awards certificates, letters of recommendation, published articles, and membership records, many of which lacked necessary certification or credibility as required by the standards.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence to demonstrate sustained national or international acclaim. The petitioner did not meet the high standards required for the EB1 Extraordinary Ability category.
Reasoning: The petitioner failed to provide conclusive and credible evidence across multiple required criteria, notably in demonstrating the sustained national or international acclaim necessary for this visa classification.
Next Steps: Recommendations for the petitioner may involve gathering more robust documentation and possibly consulting with an immigration attorney to better address the deficiencies noted in the appeal.
