Date of Decision: March 6, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Water Polo Player
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Awards:
The Petitioner has received multiple certificates, awards, and medals from entities including the and the , which demonstrates recognition in his field.
Criteria Not Met:
Membership in Associations:
The Petitioner claimed membership in the on multiple occasions. However, the evidence provided, such as letters from the Director of and other officials, did not sufficiently establish that the individuals selecting members were recognized national or international experts. Additionally, the selection process was not clearly demonstrated to involve judging of outstanding achievements by recognized experts.
Published Material:
The Petitioner submitted several articles about his athletic performances, but these did not appear in professional or major trade publications or other major media. Consequently, this criterion was not met.
Leading or Critical Role:
The Petitioner claimed that his roles as goalkeeper on the and teams were leading and critical. However, the evidence provided did not sufficiently demonstrate how his role was critical to the organization as a whole. Letters from team officials did not provide probative information addressing how his role impacted the teams significantly.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner has been recognized with various awards and medals, fulfilling one of the criteria for extraordinary ability. However, this alone was insufficient to meet the overall requirements.
Published Materials About the Petitioner:
The articles submitted did not qualify as major media publications, and thus did not satisfy the criterion for published material about the alien in professional or major trade publications.
Original Contributions of Major Significance:
Not specifically addressed in the decision.
Participation as a Judge:
Not specifically addressed in the decision.
Membership in Associations:
The Petitioner failed to demonstrate that the associations he was a member of required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not specifically addressed in the decision.
Leading or Critical Role Performed:
The Petitioner did not provide sufficient evidence that his roles were leading or critical within distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not specifically addressed in the decision.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
Multiple certificates, awards, and medals.
Letters from officials of the and .
Various articles about the Petitioner’s athletic performances.
Letters from team officials regarding his roles and contributions.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of a one-time achievement or documentation fulfilling at least three of the ten criteria listed. The evidence provided did not demonstrate the level of expertise indicating that the individual is among the small percentage at the very top of the field of endeavor. The Petitioner also failed to demonstrate the intent to continue working in the United States in his field of extraordinary ability and that his entry would substantially benefit the United States.
Next Steps: The Petitioner may consider providing additional evidence that meets the required criteria or exploring other immigration options that may be applicable to his circumstances.
