Date of Decision: December 28, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Long-Distance Running
Petitioner Information
Profession: Long-Distance Runner
Field: Long-Distance Running
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 met this criterion by demonstrating his receipt of several awards in marathons, including first place in the 2013, 2014, and 2018 marathons, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Criteria Not Met:
Published Material: The Petitioner provided local newspaper coverage for winning races in Bermuda and Pennsylvania. Some articles listed the Petitioner among several other runners, while others included biographical information. However, the Petitioner did not provide circulation statistics or comparisons to establish these publications as major media, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner submitted letters from individuals involved with various running organizations, praising his achievements and noting his record-breaking performances. However, the letters did not explain how winning or placing highly in races amounted to original contributions of major significance in the field. The evidence did not demonstrate that the Petitioner’s wins had a significant impact on the field of running, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner demonstrated receipt of awards for first place in several marathons, satisfying this criterion.
Published Materials About the Petitioner:
The Petitioner provided local newspaper articles, but did not establish these as major media or that they were primarily about him.
Original Contributions of Major Significance:
The Petitioner’s achievements were not demonstrated to have major significance in the field of running.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation, articles, and evidence of his race wins. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criterion for lesser nationally or internationally recognized prizes or awards, the evidence provided did not establish his published material as major media or his original contributions as of major significance. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
