Date of Decision: September 24, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Ice Skating Coach and Choreographer
Field: Ice Skating and Choreography
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes:
The petitioner did not demonstrate that the Beneficiary received nationally or internationally recognized prizes or awards for excellence in the field of ice skating and choreography. The evidence submitted did not meet the requirements as there were issues with translation and the significance of the awards presented.
Membership in Associations:
The petitioner argued eligibility based on the Beneficiary’s membership in the Federation Francaise des Sports de Glace (FFSG). However, the petitioner failed to provide sufficient evidence that the membership required outstanding achievements judged by recognized experts.
Published Material About the Alien:
The petitioner submitted several articles and photographs but did not adequately establish that they were published in professional or major trade publications. Most of the articles did not meet the required criteria, such as including the author’s name and the publication’s significance.
Participation as a Judge:
While the Beneficiary had completed certification as a judge, there was no evidence submitted showing actual participation as a judge in relevant events or competitions.
Criteria Not Met:
Lesser Prizes or Awards:
The petitioner did not provide sufficient evidence to demonstrate that the awards received were recognized nationally or internationally for excellence in the field.
Membership in Associations:
The petitioner failed to show that membership in FFSG required outstanding achievements judged by recognized national or international experts.
Published Material:
The evidence did not establish that the publications were professional or major trade publications, nor did they include necessary details such as the author’s name and publication significance.
Participation as a Judge:
The petitioner did not provide evidence of the Beneficiary’s actual participation as a judge in the field.
Key Points from the Decision
Awards and Prizes Won:
The Beneficiary’s awards were not demonstrated to be nationally or internationally recognized for excellence in ice skating and choreography. The significance of the awards and their criteria were not adequately supported.
Published Materials About the Petitioner:
The publications submitted were not shown to be in major media or professional publications. Many lacked essential details and did not meet the required standards.
Original Contributions of Major Significance:
Not applicable in this case as no evidence was provided to support this criterion.
Participation as a Judge:
The Beneficiary’s certification as a judge did not equate to actual participation, and no evidence was submitted to show judging experience.
Membership in Associations:
The petitioner did not provide sufficient evidence that FFSG required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable as no evidence was provided.
Leading or Critical Role Performed:
Not applicable as no evidence was provided.
Artistic Exhibitions or Showcases:
Not applicable as no evidence was provided.
Evidence of High Salary or Remuneration:
Not applicable as no evidence was provided.
Commercial Successes in the Performing Arts:
Not applicable as no evidence was provided.
Supporting Documentation
Screenshots from a French website (without English translation)
Articles from Les Informations Dieppoises
Membership documents from FFSG
Judging certificate from the Ice Skating Institute
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not demonstrate that the Beneficiary met the required criteria for extraordinary ability. The evidence provided was insufficient to establish national or international recognition or that the Beneficiary is among the top percentage in their field.
Next Steps:
The petitioner may consider gathering more substantial and verifiable evidence to support the criteria and reapplying if they believe the Beneficiary qualifies under a different category or with additional documentation.
