Date of Decision: January 8, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Gymnastics Trainer and Coach
Field: Gymnastics
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 provided sufficient evidence to establish that she was a five-time medalist at the 2010 Championships, a four-time medalist at the 2010 Games, a gold medalist at the 2011 Tournament, and a bronze medalist at the 2012 Championships.
Membership in Associations: The Petitioner demonstrated membership on the senior Mexican national teams that competed at the Championships in 2009, 2010, and 2011, which required outstanding achievements judged by recognized national or international experts.
Published Material in Major Media: The Petitioner submitted articles about her that were published on the websites of Milenio and Media Tiempo, which qualify as major media in Mexico.
Criteria Not Met
Judging the Work of Others: The Petitioner submitted a letter from a technical director stating that she became a certified judge in 2015. However, the record contained no additional evidence of her judging credentials and no evidence that she had actually participated as a judge at any competition or event as of the date of filing in January 2017.
Leading or Critical Role for Distinguished Organizations: The Petitioner did not provide sufficient evidence to establish that she performed a leading or critical role for organizations with a distinguished reputation. While the Petitioner was praised for her role in the Mexican national team and training center, the evidence did not demonstrate that her role was critical to the overall success of these organizations.
Original Contributions of Major Significance: The Petitioner claimed significant contributions by designing and hand-painting apparatus for herself and other athletes. However, the evidence did not demonstrate how these contributions were widely implemented or significantly impacted the field. The letters lacked specific details on the significance and impact of her contributions.
High Salary or Remuneration: The Petitioner did not provide evidence to establish that her salary was high relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner provided evidence of receiving medals at national and international competitions, satisfying this criterion.
Published Materials About the Petitioner:
Summary of findings: The Petitioner submitted articles from Milenio and Media Tiempo, satisfying this criterion.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field. The letters lacked specific details on how the contributions significantly influenced the field.
Participation as a Judge:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that she served as a judge in a manner that meets this criterion.
Membership in Associations:
Summary of findings: The Petitioner demonstrated membership in national rowing teams, satisfying this criterion.
Authorship of Scholarly Articles:
Summary of findings: No evidence provided.
Leading or Critical Role Performed:
Summary of findings: The Petitioner did not provide sufficient evidence to establish that she performed leading or critical roles for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: The Petitioner did not establish that her salary is high in relation to others in the field.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided and established national or international recognition.
Articles and Publications: Included articles from Milenio and Media Tiempo that qualify as major media.
Letters from Colleagues and Organizations: Praised the Petitioner’s work but lacked sufficient detail to demonstrate major significance or critical roles.
Salary Documentation: Insufficient for establishing high remuneration.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met three criteria but did not provide sufficient evidence to demonstrate sustained national or international acclaim or that she is among the small percentage at the very top of her field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
