Date of Decision: February 21, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Professional Water Skier
- Field: Athletics
- Nationality: Belarusian
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Published Material About the Individual in Professional or Major Media: The petitioner provided documentation of media coverage in major outlets.
- Authorship of Scholarly Articles in the Field: Evidence was submitted showing the petitioner’s scholarly publications in professional or major trade publications.
- Membership in Associations Requiring Outstanding Achievements: The petitioner demonstrated membership in the Belarus National Water Ski Team, which involves a rigorous selection process and recognition by national experts.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner did not provide sufficient evidence of lesser recognized prizes or awards.
- Original Contributions of Major Significance: The evidence for this criterion was deemed insufficient.
- Leading or Critical Role for Distinguished Organizations or Establishments: The petitioner did not meet the requirements for this criterion.
- High Remuneration for Services: The evidence provided did not substantiate high remuneration for services.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner did not provide adequate documentation for lesser nationally or internationally recognized awards.
Published Materials About the Petitioner:
- Summary of findings: The petitioner successfully demonstrated significant media coverage in professional or major media outlets, which met the criteria.
Original Contributions of Major Significance:
- Summary of findings: The petitioner’s contributions were not sufficiently documented to meet the criterion.
Participation as a Judge:
- Summary of findings: Not applicable as no evidence was provided.
Membership in Associations:
- Summary of findings: The petitioner proved membership in the Belarus National Water Ski Team, a prestigious and selective association, which was considered equivalent to an association requiring outstanding achievements.
Authorship of Scholarly Articles:
- Summary of findings: The petitioner met this criterion by providing evidence of scholarly articles published in the field.
Leading or Critical Role Performed:
- Summary of findings: Insufficient evidence to support this criterion.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable.
Evidence of High Salary or Remuneration:
- Summary of findings: The petitioner did not provide adequate proof of high remuneration.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable.
Supporting Documentation
- Media Coverage: Articles from major publications documenting the petitioner’s achievements.
- Scholarly Articles: Copies of articles authored by the petitioner in recognized professional journals.
- Membership Certification: Documentation from the Ministry of Sports and Tourism of Belarus confirming the petitioner’s membership in the national team.
Conclusion
Final Determination: Remanded for Final Merits Determination
Reasoning:
The petitioner successfully demonstrated fulfillment of three of the required criteria. However, the final determination requires an evaluation of the totality of the evidence to ascertain extraordinary ability in the petitioner’s field.
Next Steps:
- Final Merits Determination: The Texas Service Center must conduct a thorough final merits determination to assess whether the petitioner’s overall record demonstrates extraordinary ability.
- Recommendations: The petitioner should ensure all documentation is complete and clearly linked to the criteria required for extraordinary ability classification. Further supporting evidence, if available, should be provided to strengthen the case.
