Date of Decision: February 25, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mountain Climber
Field: Athletics
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner:
The petitioner presented an article about her achievements in the magazine, which has been in the lifestyle journalism publication business for over 12 years with multiple publications covering themes such as culture, adventure sports, and lifestyle.
Criteria Not Met:
Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence:
The petitioner’s first-place award in the lead category of a National Open Climbing Competition was not shown to be nationally or internationally recognized. The evidence provided did not demonstrate the award’s recognition beyond the issuing entity.
Membership in Associations in the Field:
The petitioner did not provide sufficient evidence to demonstrate that she is a member of an association requiring outstanding achievements, judged by recognized national or international experts. The documentation showed she is registered as a Senior Support Climber but did not confirm her membership in the association.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence showing that her awards are recognized beyond the issuing entity. The petitioner’s first-place award was not supported by independent evidence of its national or international recognition.
Published Materials About the Petitioner:
The material in the magazine did not meet the requirements of being in a professional or major trade publication or major media. Additionally, the petitioner did not provide a translator’s certification for the foreign language material submitted.
Supporting Documentation
- Award Certificate
The certificate noted the petitioner’s first position in the lead category of a National Open Climbing Competition. However, this was not shown to be a nationally or internationally recognized award for excellence. - Identity Card and Letter
The petitioner submitted an identity card and a letter stating she is registered as a Senior Support Climber with an association. However, it did not confirm her membership or show that outstanding achievements are required for such registration. - Article in Magazine
An article about the petitioner’s achievements was published in a lifestyle magazine. However, it was not demonstrated that this magazine qualifies as a professional or major trade publication or major media.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to provide sufficient evidence meeting the regulatory criteria. The documentation submitted did not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the top of her field.
Next Steps:
It is recommended that the petitioner reviews the criteria and submits more substantial evidence if considering future petitions or appeals. Independent evidence of national or international recognition and membership in relevant associations requiring outstanding achievements should be prioritized.
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