Date of Decision: September 27, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Surfer
Field: Surfing
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published Material: The Petitioner provided evidence of her participation in various surfing events, which were covered by media and social media platforms.
- Display of Work: The Petitioner participated in surfing documentaries and events that showcased her skills.
Criteria Not Met:
- Awards and Prizes:
- The Petitioner did not demonstrate that the claimed awards were nationally or internationally recognized.
- The evidence provided was insufficient to prove the awards met the plain language requirements of this criterion.
- Membership in Associations:
- The Petitioner did not provide sufficient evidence from the organizations (WSL, ABRASP, CBS) about their membership requirements and how members are selected.
- Leading or Critical Role:
- The Petitioner did not substantiate claims of having performed in a leading or critical role for organizations such as WSL or media companies.
- The evidence did not show that she held significant roles within these organizations.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner did not sufficiently demonstrate her awards were nationally or internationally recognized.
Published Materials About the Petitioner:
- The Petitioner provided general evidence of media coverage related to her participation in surfing events.
Original Contributions of Major Significance:
- The Petitioner did not assert eligibility under this criterion.
Participation as a Judge:
- The Petitioner did not assert eligibility under this criterion.
Membership in Associations:
- The Petitioner provided evidence of membership in several organizations but did not meet the criterion for proving outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
- The Petitioner did not assert eligibility under this criterion.
Leading or Critical Role Performed:
- The Petitioner failed to demonstrate performing a leading or critical role in organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
- The Petitioner did not assert eligibility under this criterion.
Evidence of High Salary or Remuneration:
- The Petitioner did not assert eligibility under this criterion.
Commercial Successes in the Performing Arts:
- The Petitioner did not assert eligibility under this criterion.
Supporting Documentation
- Media Articles: General articles covering the Petitioner’s participation in surfing events.
- Letters from Organizations: Letters discussing her membership in various surfing organizations but lacking detailed membership requirements and selection processes.
- Photographs: Images of the Petitioner participating in events and holding awards, which were not sufficiently backed by other evidence.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The Petitioner did not meet the initial evidentiary criteria required to prove extraordinary ability.
- The evidence provided did not demonstrate sustained national or international acclaim.
- The Petitioner did not establish that she is among the small percentage at the very top of her field.
Next Steps:
- The Petitioner may consider gathering more substantial and specific evidence to support her claims and potentially reapply.
