Date of Decision: October 5, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Rowing Coach
Field: Athletics
Nationality: Ukraine
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Membership in Associations
The petitioner established membership in an association that requires outstanding achievements, as judged by recognized national experts in rowing, consistent with the regulation at 8 C.F.R. § 204.5(h)(3)(ii).
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed to have won six medals in international competitions, but the record did not include sufficient information to establish that these awards are nationally or internationally recognized for excellence in the field.
Criterion 2: Published Material About the Petitioner
The petitioner presented partial translations of screenshots, which did not meet the regulatory requirements of having the title, date, author, and necessary translation. Additionally, the petitioner did not provide evidence demonstrating that the websites are major media.
Criterion 3: Original Contributions of Major Significance
Letters provided did not adequately explain how the petitioner made original contributions of major significance to the field. The petitioner did not establish the significance of the competitions or demonstrate the influence of his coaching beyond local rowers.
Key Points from the Decision
Awards and Prizes Won:
The petitioner presented evidence of six medals from international competitions. However, the documentation did not establish these as nationally or internationally recognized awards for excellence.
Published Materials About the Petitioner:
The petitioner submitted partial translations of articles and screenshots that mentioned him. However, these did not meet the requirements of being about the petitioner in major media, and full translations were not provided.
Original Contributions of Major Significance:
The petitioner submitted letters attesting to his coaching achievements. However, these letters did not provide specific examples of how his contributions were of major significance to the field of rowing.
Supporting Documentation
- Photographs of Medals: Various medals won in competitions, but lacking evidence of national or international recognition.
- Letters from Coaches: Testimonies from former coaches and executives, which did not sufficiently prove the criteria of major significance or recognized awards.
- Screenshots and Articles: Partial translations of articles mentioning the petitioner, lacking full translations and proof of being major media publications.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). The letters and evidence provided did not establish the petitioner’s eligibility for the EB-1 classification as an individual of extraordinary ability in athletics.
Next Steps:
The petitioner should seek additional evidence that clearly meets the regulatory criteria and consider obtaining full translations of foreign language documents. Detailed documentation supporting nationally or internationally recognized awards and significant original contributions to the field may strengthen the case.
