Date of Decision: May 13, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mountain Climber
Field: Mountain Climbing
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Materials: The petitioner satisfied the criteria through submission of published materials documenting his accomplishments in mountain climbing.
Criteria Not Met:
- Judging the Work of Others: Initially deemed met by the Director without specific evidence or analysis; upon review, found not met due to lack of substantial evidence of actual participation in judging.
- Memberships in Associations: Petitioner failed to provide proof that memberships were based on outstanding achievements as judged by recognized experts, including memberships in the Boy Scouts of America and the Nepal Mountaineering Association.
- Original Contributions of Major Significance: Although the petitioner cited various recognitions and testimonials, he failed to demonstrate that his contributions were of major significance to the field of mountain climbing.
Key Points from the Decision
- Awards and Prizes Won: The petitioner had received various awards and recognitions but failed to establish these as evidence of sustained national or international acclaim.
- Published Materials About the Petitioner: Included but were insufficient to demonstrate a level of acclaim required for the EB1 classification.
- Original Contributions of Major Significance: Testimonials and awards mentioned did not substantiate significant influence or innovation in mountain climbing.
Supporting Documentation
- Testimonial letters praising the petitioner’s skills and involvement in mountain climbing.
- Certificates and acknowledgements of personal achievements.
- Documentation of memberships and roles in various climbing-related associations.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence that the petitioner meets the high standard required for classification as an individual with extraordinary ability. The provided evidence failed to establish that the petitioner’s accomplishments have earned sustained national or international acclaim or that he ranks among the top in his field.
Reasoning:
- The petitioner did not fulfill the required number of evidentiary criteria.
- The evidence did not convincingly demonstrate extraordinary ability or significant influence in the field of mountain climbing.
Next Steps:
- It is recommended that the petitioner gathers more substantial evidence of outstanding achievements recognized nationally or internationally if considering reapplication or future appeals.
