Date of Decision: December 28, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Personal Fitness Training
Petitioner Information
Profession: Personal Fitness Trainer
Field: Personal Fitness Training
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Director concluded that the Petitioner met this criterion by participating as a judge in a weightlifting competition in California in 2019, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iv). This determination remains uncontested and will not be disturbed.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner provided evidence of winning medals at the 2019 National Physique Committee (NPC) Classic, but did not establish that these awards are nationally or internationally recognized. Additionally, these awards were given for bodybuilding, not for fitness training, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The Petitioner claimed membership in an organization associated with a film production but did not provide sufficient evidence to demonstrate that the membership required outstanding achievements judged by recognized experts. Additionally, the Petitioner did not establish that the criterion does not readily apply to her occupation to allow for comparable evidence under 8 C.F.R. § 204.5(h)(4), failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The Petitioner provided material from three publications, including Oxygen Magazine and Men’s Health, but did not demonstrate that the articles were primarily about her or published in qualifying major media. The biographical sketch in Oxygen Magazine lacked author credit, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner submitted letters from individuals involved in the film production she worked on, but the letters did not provide specific information on the impact of her contributions on the field of fitness training. The letters praised her skills but did not establish the major significance of her work, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner provided material from publications but did not establish these as major media or that the material was primarily about her.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field.
Participation as a Judge:
The Petitioner participated as a judge in a professional setting, meeting this criterion.
Membership in Associations:
The Petitioner did not establish that her memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish her roles as leading or critical in distinguished organizations.
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 provided various supporting documents, including letters of recommendation, articles, and evidence of her work. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that she met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criterion for participation as a judge, the evidence provided did not establish her receipt of nationally or internationally recognized awards, her memberships in associations requiring outstanding achievements, or her original contributions of major significance. 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 her field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of her contributions or explore other immigration options that may better fit her qualifications.
