Date of Decision: June 26, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mountain Climber
Field: Mountaineering
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material About the Petitioner: The petitioner met this criterion by providing an article that reflected published material about him relating to his field.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner provided a “Letter of Commemoration” from the Alpine Club of Pakistan, a “Certificate of Appreciation” from the Nepal Mountaineering Association, and a certificate from the Ministry of Culture, Tourism, and Civil Aviation in Nepal. However, the letters did not show that his awards were nationally or internationally recognized for excellence in the field.
Original Contributions of Major Significance: The petitioner submitted letters praising his talents and experience. While the letters described specific events and accomplishments, they did not establish that his contributions were of major significance in the overall field of mountaineering.
Leading or Critical Role: The petitioner claimed to have performed in leading or critical roles for organizations such as the Asian Trekking company and the Himalaya Expedition. However, the evidence provided did not demonstrate that his roles were of significant importance to the success or reputation of these organizations.
Key Points from the Decision
Awards and Prizes Won: The petitioner provided several certificates and letters of appreciation, but these did not meet the criterion of being lesser nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner: The petitioner provided evidence of an article about his mountaineering work, fulfilling this criterion.
Original Contributions of Major Significance: The letters submitted did not sufficiently demonstrate that the petitioner’s contributions had a significant impact on the broader field of mountaineering.
Participation as a Judge: Not applicable based on the provided evidence.
Membership in Associations: Not applicable based on the provided evidence.
Authorship of Scholarly Articles: Not applicable based on the provided evidence.
Leading or Critical Role Performed: The petitioner’s roles in various organizations were acknowledged but not demonstrated to be of significant importance to the success or reputation of these organizations.
Artistic Exhibitions or Showcases: Not applicable based on the provided evidence.
Evidence of High Salary or Remuneration: Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts: Not applicable based on the provided evidence.
Supporting Documentation
The documentation included letters from colleagues and organizations, certificates of appreciation, and published material about the petitioner’s work in mountaineering. However, much of the evidence did not meet the necessary criteria to demonstrate extraordinary ability.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria. While the petitioner satisfied the criterion for published material, 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 gathering more substantial evidence of individual achievements and acclaim within the field, focusing on personal awards, critical reviews, and documented contributions of major significance to strengthen future petitions.
