Date of Decision: April 30, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mountaineer
Field: Mountaineering
Nationality: Not specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Leading or Critical Role:
The petitioner served as a team leader for three out of 14 Himalaya expeditions arranged by the organization since 2008. However, the evidence provided did not sufficiently demonstrate how this role affected the organization as a whole.
Criteria Not Met:
- Awards:
The petitioner presented certificates equivalent to medals for climbing summits, but there was insufficient corroborating evidence to establish that these certificates constituted nationally or internationally recognized prizes or awards for excellence in the field. - Membership in Associations:
The petitioner claimed membership in a mountaineering team. However, the evidence provided did not establish that this membership required outstanding achievements judged by recognized experts in the field. - Published Materials About the Petitioner:
The petitioner submitted articles from Kurdpress International News Agency and other sources. However, these articles did not meet the regulatory requirements as they lacked the authors’ names and contained inconsistencies regarding the petitioner’s membership duration. - Participation as a Judge:
The petitioner claimed to have evaluated performances of mountaineers. However, there was no corroborating evidence provided to support this claim, such as documentation detailing the petitioner’s responsibilities as a national observer. - Other Criteria:
No other criteria were claimed or met according to the review.
Key Points from the Decision
Awards and Prizes Won
The petitioner did not demonstrate receipt of lesser nationally or internationally recognized prizes or awards. The certificates provided were deemed equivalent to medals but lacked supporting evidence of national or international recognition.
Published Materials About the Petitioner
The submitted articles did not fulfill the regulatory requirements as they lacked author names and contained inconsistencies. Consequently, they were not considered valid evidence for this criterion.
Original Contributions of Major Significance
No evidence was provided or claimed regarding original contributions of major significance in the field of mountaineering.
Participation as a Judge
The petitioner claimed to have judged performances of aspiring mountaineers. However, without corroborating evidence, this claim was not substantiated.
Membership in Associations
The petitioner’s membership in a mountaineering team was not supported by evidence demonstrating that it required outstanding achievements judged by recognized experts.
Leading or Critical Role Performed
While the petitioner served as a team leader for some expeditions, there was insufficient evidence to demonstrate the impact of this role on the organization as a whole.
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 submitted various certificates and letters to support his claims. However, the provided documentation lacked consistency and did not meet the evidentiary standards required to establish eligibility under the EB1 Extraordinary Ability category.
Conclusion
Final Determination: The appeal is dismissed, and the initial approval of the petition is revoked.
Reasoning: The petitioner failed to provide sufficient evidence to meet at least three of the ten criteria required for EB1 classification. Furthermore, the totality of the materials reviewed did not support a finding of sustained national or international acclaim and recognition in the field of mountaineering.
Next Steps: It is recommended that the petitioner gather and submit more robust evidence addressing the specific criteria outlined by the USCIS for EB1 classification, potentially focusing on obtaining more widely recognized awards, providing detailed evidence of membership requirements in professional associations, and including corroborating documents for any claimed judging activities.
