Date of Decision: January 28, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Master Mariner
Field: Maritime Navigation
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None of the criteria were conclusively met as the Director’s findings were not upheld on appeal.
Criteria Not Met
Membership in Associations: The Petitioner claimed membership with the Foreign Owners Representatives and Ship Managers Association (FOSMA). However, the certificates provided only demonstrated completion of courses offered by FOSMA MIRO and did not establish membership. Additionally, the requirements for membership in FOSMA, such as involvement in recruitment and charitable donations, did not rise to the level of “outstanding achievements.”
Judging the Work of Others: The Petitioner submitted a letter from an academy stating he had been teaching as visiting faculty. However, teaching students a course does not equate to participating as a judge of the work of others. The Petitioner did not demonstrate his designation as a judge or provide details on who he judged.
Original Contributions of Major Significance: The Petitioner claimed significant contributions through successful ship-to-ship operations and operating large tankers. However, the evidence did not demonstrate how these contributions were original or of major significance. Letters from colleagues praised the Petitioner’s skills but did not provide specific details on his impact on the field.
Authorship of Scholarly Articles: The Petitioner claimed to have authored course materials comparable to scholarly articles. However, he did not provide documentation supporting the non-existence of scholarly articles in his field or explain why the course materials were “truly comparable” to scholarly articles in major trade publications.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: No evidence provided.
Published Materials About the Petitioner:
Summary of findings: No evidence provided.
Original Contributions of Major Significance:
Summary of findings: The Petitioner did not provide sufficient evidence to demonstrate that his contributions were of major significance in the field.
Participation as a Judge:
Summary of findings: The Petitioner did not establish that teaching a course is equivalent to judging the work of others.
Membership in Associations:
Summary of findings: The Petitioner did not provide sufficient evidence demonstrating that the membership in FOSMA required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Summary of findings: The Petitioner did not provide evidence that his course materials were comparable to scholarly articles in professional or major trade publications.
Leading or Critical Role Performed:
Summary of findings: No evidence provided.
Artistic Exhibitions or Showcases:
Summary of findings: No evidence provided.
Evidence of High Salary or Remuneration:
Summary of findings: No evidence provided.
Commercial Successes in the Performing Arts:
Summary of findings: No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish national or international recognition.
Articles and Publications: Did not focus on the Petitioner and were not from 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 did not meet any of the required criteria. The record does 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.
