Date of Decision: MAY 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Go player and teacher
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Documentation of participation as a judge: The petitioner served as a tournament director in 2013, assessed Chinese players’ skills, determining their levels for appropriate tournament placement.
Criteria Not Met:
- Documentation of nationally or internationally recognized prizes or awards: The petitioner’s second place in unranked amateur competitions and other national standings were not sufficient to be considered recognized awards for excellence.
- Membership in associations requiring outstanding achievements: Although the petitioner contended his rank and participation in the American Go Association demonstrated this, it was not shown that these were judged by recognized national or international experts.
- Published material about the petitioner in major media: The materials submitted were not centered on the petitioner or were not from recognized major media. Articles and websites mentioned did not meet the required criteria of being about the petitioner or did not specify the author as required.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner’s results in various tournaments did not meet the criterion for internationally recognized awards, as the tournaments did not sufficiently demonstrate a level of acclaim or recognition needed for this visa category.
Published Materials About the Petitioner:
- Articles either were not about the petitioner specifically or did not come from major, recognized media outlets. Documentation did not meet the standards required for this evidentiary criterion.
Participation as a Judge:
- Recognized as fulfilling this criterion by serving as a director and assessor in a 2013 tournament.
Membership in Associations:
- The petitioner’s claims regarding his rank and participation in associations did not demonstrate that these were judged by recognized experts in the field.
Supporting Documentation
- Competition results
- Articles from various publications and websites
- Letters and statements from associations and event organizers
- Certificates and recognition documents, albeit not meeting the criteria fully
Conclusion
Final Determination: The petitioner did not demonstrate extraordinary ability in athletics as required under the EB-1 classification guidelines. The appeal was dismissed based on the failure to meet at least three of the required evidentiary criteria and the lack of demonstrated sustained national or international acclaim in the field.
Reasoning: The evidence was insufficient to prove extraordinary ability or the high level of achievement required. The criteria were not met in a manner that convinced the reviewers of the petitioner’s standing at the top of his field.
Next Steps: The petitioner may consider reapplying with additional or more compelling evidence, or explore other visa classifications that may be more suited to his current achievements and documentation.
