Date of Decision: NOV. 19, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Rower
Field: Rowing Competitions
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Membership: The petitioner was a member of the national rowing team and participated in various international competitions.
Criteria Not Met:
Awards: The petitioner provided documentation of numerous national and international rowing competition finishes but did not establish that these were nationally or internationally recognized prizes or awards for excellence in the field.
Judging: The petitioner provided evidence of roles such as “Referee” and “Deputy Chief Judge” but did not demonstrate participation as a judge of the work of others in a manner consistent with the regulatory criteria.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided certificates, diplomas, and medals from various competitions, but the evidence did not establish the national or international recognition of these awards for excellence in rowing.
Published Materials About the Petitioner:
The petitioner submitted translations of articles from the Ukrainian newspaper Grivna, which discussed his achievements in rowing. However, the articles did not address the national or international significance of the prizes or awards.
Original Contributions of Major Significance:
Not applicable in this case.
Participation as a Judge:
The petitioner provided evidence of his roles in judging but failed to show that these roles involved evaluating the skills of rowers rather than merely enforcing competition rules.
Membership in Associations:
The petitioner was a member of the national rowing team, but this criterion alone was not sufficient to meet the requirements.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Certificates and Diplomas:
Documents reflecting finishes in national and international rowing competitions, including various championships.
Letters of Confirmation:
Letters from sports officials and associations confirming the petitioner’s competition results but lacking in details about the national or international significance of the awards.
Published Articles:
Articles from Grivna newspaper discussing the petitioner’s achievements but not meeting the criteria for significant published material.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence criteria of either a one-time achievement or three of the ten regulatory criteria. Additionally, the petitioner failed to demonstrate sustained national or international acclaim or recognition required for the classification sought.
Next Steps: The petitioner may consider gathering more substantial evidence of national or international recognition and reapplying if able to meet the required criteria.
