Date of Decision: MAR. 1, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Police Officer specializing in training
Field: Law Enforcement and Education
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a judge of the work of others:
The Petitioner served on various boards and committees that included evaluative functions, thereby participating as a judge of the work of others. - Leading or critical role for distinguished organizations or establishments:
The Petitioner held high-ranking positions at distinguished organizations and played a significant role in law enforcement training. - High remuneration for services:
The Petitioner received the highest level of compensation within the law enforcement organization.
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards:
The Petitioner’s silver medal in a Brazilian Jiu-Jitsu championship did not align with his intended field of law enforcement training. - Published material about the individual in professional or major media:
Insufficient evidence of published material specifically about the Petitioner in professional or major media. - Original contributions of major significance:
The Petitioner’s contributions were acknowledged but did not meet the threshold of major significance required for this classification.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed a silver medal in a Brazilian Jiu-Jitsu championship; however, this was deemed irrelevant to his primary field of law enforcement training.
Original Contributions of Major Significance:
While the Petitioner made significant contributions in law enforcement training, these were not considered of major significance to meet the extraordinary ability criteria.
Participation as a Judge:
The Petitioner served on various evaluative boards and committees, but this alone was insufficient to establish extraordinary ability.
Leading or Critical Role:
The Petitioner’s high-ranking positions and responsibilities were acknowledged but did not meet the sustained national or international acclaim required.
Evidence of High Salary or Remuneration:
The Petitioner received the highest base pay rate within his organization, but this did not equate to national or international acclaim.
Supporting Documentation
- Silver Medal in Brazilian Jiu-Jitsu Championship:
Evidence provided but deemed not relevant to the field of law enforcement training. - High-ranking Positions:
Documentation of the Petitioner’s roles and responsibilities within the law enforcement organization. - Compensation Records:
Evidence of the Petitioner’s high remuneration within the organization.
Conclusion
Final Determination: Appeal dismissed.
Reasoning:
The Petitioner did not establish the required sustained national or international acclaim. The evidence provided did not meet the high standard of extraordinary ability required by USCIS.
Next Steps:
The Petitioner may consider additional evidence or alternative immigration pathways to establish eligibility.
