Date of Decision: June 7, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Powerlifter
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner submitted evidence indicating he won gold and silver medals in the 2013 [competition], setting two world records for squat in his age and weight class. Additional awards include a fourth rank in the 2010 [competition], a Champion of Champions award at the 2014 [competition] in Iran, and gold medals at the 2016 [competition].
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The record contains several articles published in the [newspaper] about the petitioner and his successes as a powerlifter. The petitioner provided evidence demonstrating that the [newspaper] is the third most popular newspaper in Iran with significant daily circulation.
Criteria Not Met:
Membership at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner asserted that he met this criterion due to his membership in the [organization] and [another organization]. However, the record did not support a finding that these organizations require outstanding achievements for membership. The provided constitution of the [organization] did not indicate that it required outstanding achievements for its members.
High Salary at 8 C.F.R. § 204.5(h)(3)(ix):
The petitioner submitted letters and affidavits regarding his remuneration as a professional powerlifter but was unable to demonstrate that he commanded a high salary. The record lacked information on income for powerlifters both in Iran and internationally.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won multiple gold and silver medals in various international competitions, setting world records in his age and weight class.
Published Materials About the Petitioner:
Articles about the petitioner’s achievements were published in one of Iran’s most popular newspapers, meeting the criterion for published material in major media.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
Not applicable based on the provided evidence.
Membership in Associations:
The petitioner was a member of several organizations, but these memberships did not require outstanding achievements.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
Not applicable based on the provided evidence.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence to demonstrate a high salary or significantly high remuneration in relation to others in his field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Evidence of winning multiple medals and setting world records in international competitions.
Articles published in major Iranian newspapers about his achievements.
Letters and affidavits regarding his remuneration as a professional powerlifter.
Constitution of the [organization] and membership details.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit the required initial evidence of either a qualifying one-time achievement or documentation that meets at least three of the ten criteria listed. Consequently, the petitioner failed to establish eligibility for the benefit sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
