Date of Decision: April 12, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mountaineering and Rock-Climbing Guide and Instructor
Field: Athletics – Rock Climbing
Nationality: Nepalese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Awards or Prizes:
The Petitioner has received awards that are recognized nationally in Nepal for his contributions to the field of mountaineering and rock climbing.
Judging the Work of Others:
The Petitioner has served as a judge for rock-climbing competitions organized by local associations in Nepal.
Criteria Not Met:
Memberships in Associations:
The Petitioner was unable to demonstrate that his memberships in associations required outstanding achievements as judged by recognized national or international experts.
Published Materials in Professional or Major Trade Publications:
The Petitioner submitted articles from various publications in Nepal, but could not establish that these were published in professional or major trade publications or other major media.
Original Contributions of Major Significance:
While the Petitioner made contributions to the field of rock climbing in Nepal, he did not provide sufficient evidence that these contributions were of major significance or had a wide impact.
Key Points from the Decision
Awards and Prizes Won:
Summary of Findings:
The Petitioner received recognition for his contributions to mountaineering and rock climbing in Nepal, including awards for his work in creating and promoting rock-climbing routes.
Key Quotes or References:
“The Petitioner is one of the initiators to work in the rock-climbing sector of Nepal.”
Published Materials About the Petitioner:
Summary of Findings:
Articles about the Petitioner were published in various local newspapers and magazines in Nepal, but did not meet the criteria for major trade publications or major media.
Key Quotes or References:
“Annapurna Post, Gorkhapatra, Naya Patrika, and Nepal Samacharpatra are daily ‘National ‘A’ Grade’ publications.”
Original Contributions of Major Significance:
Summary of Findings:
The Petitioner was involved in opening and promoting rock-climbing routes in Nepal and designing training programs, but these contributions were not sufficiently demonstrated to be of major significance in the field.
Key Quotes or References:
“The Petitioner initiated a rock-climbing sector in Nepal, which is an essential component for a mountaineering professional.”
Participation as a Judge:
Summary of Findings:
The Petitioner served as a jury member for local rock-climbing competitions, but did not provide sufficient evidence to support the significance of these roles.
Key Quotes or References:
“Petitioner performing jury member in the competition.”
Membership in Associations:
Summary of Findings:
The Petitioner’s memberships did not demonstrate that they required outstanding achievements as judged by recognized experts.
Key Quotes or References:
“The constitution of the association provides three categories of membership – General, Honorary, and Lifelong membership.”
Supporting Documentation
Letters of Recommendation:
Letters from various professionals and organizations in Nepal supporting the Petitioner’s achievements and contributions.
Media Coverage:
Articles and publications mentioning the Petitioner’s work in rock climbing.
Awards and Recognitions:
Documentation of awards and recognitions received by the Petitioner.
Conclusion
Final Determination: The appeal is dismissed, and the Petitioner does not qualify for classification as an individual of extraordinary ability.
Reasoning:
The Petitioner did not meet the initial evidence requirements for at least three of the ten criteria for extraordinary ability.
The evidence provided did not establish that the Petitioner’s achievements were of major significance or that he had sustained national or international acclaim.
Next Steps:
The Petitioner may consider gathering more substantial evidence of their achievements and contributions and reapplying or exploring other visa categories that may be more appropriate for their qualifications.
