Date of Decision: February 28, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Saddlebred Horse Trainer
Field: Equestrianism (Saddlebred Horse Training and Competitions)
Nationality: South African
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation as a Judge of Others’ Work: The Petitioner demonstrated her involvement as a judge in her field of endeavor, which met the regulatory criteria under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence: The Petitioner failed to provide evidence that her awards were nationally or internationally recognized for excellence in her field (8 C.F.R. § 204.5(h)(3)(i)).
- Membership in Associations Requiring Outstanding Achievements: The Petitioner’s memberships did not meet the criteria as they did not require outstanding achievements judged by national or international experts (8 C.F.R. § 204.5(h)(3)(ii)).
- Published Material About the Individual: The material provided did not qualify as major publications about her specific work in her field (8 C.F.R. § 204.5(h)(3)(iii)).
- High Salary or Other Significantly High Remuneration: The Petitioner did not establish that she commanded a high salary or other significantly high remuneration compared to others in her field (8 C.F.R. § 204.5(h)(3)(ix)).
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner’s first-place awards at the World’s Championship Horse Show were not considered internationally recognized due to lack of supporting documentation about the awards’ international recognition.
Published Materials About the Petitioner:
- Articles and materials submitted did not meet the standard of major trade publications and did not provide sufficient evidence of her acclaim in the field.
Original Contributions of Major Significance:
- Not applicable based on the provided information.
Participation as a Judge:
- The Petitioner met this criterion by showing her involvement as a judge in her field, which was recognized by the service center.
Membership in Associations:
- Memberships in various equestrian associations did not demonstrate the required outstanding achievements judged by experts.
Authorship of Scholarly Articles:
- Not applicable based on the provided information.
Leading or Critical Role Performed:
- Not applicable based on the provided information.
Artistic Exhibitions or Showcases:
- Not applicable based on the provided information.
Evidence of High Salary or Remuneration:
- The Petitioner did not provide sufficient documentation to establish a high salary or remuneration in comparison to others in her field.
Commercial Successes in the Performing Arts:
- Not applicable based on the provided information.
Supporting Documentation
- Letters of Endorsement: Included but not sufficient to meet the criteria.
- Photos of Trophies and Awards: Provided but lacked corroborative evidence.
- Competition Results and Placements: Included but not officially recognized.
- Membership Bylaws: Provided for equestrian associations but did not meet criteria.
- Tax Documents: Incomplete and did not establish high salary.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The Petitioner did not meet the initial evidence requirements of receiving a major internationally recognized award or fulfilling three of the ten alternate criteria.
- The totality of the evidence did not demonstrate sustained national or international acclaim or that the Petitioner was among the small percentage at the very top of her field.
Next Steps:
- The Petitioner may consider gathering more substantial and qualifying evidence to meet the required criteria.
- Consulting with an immigration attorney to better prepare future submissions may be beneficial.
