Date of Decision: April 11, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sailing Competitor and Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner demonstrated that she had won awards in her field. However, the nature and recognition level of these awards were not specified in the provided summary.
Judging at 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner served as a judge in competitions related to her field, fulfilling the criterion for judging the work of others in the same field.
Criteria Not Met:
Membership at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner claimed membership in certain associations but did not provide sufficient evidence to show that these memberships required outstanding achievements as required by the criterion.
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner submitted published materials about her, but these did not meet the necessary standards for major media or professional publications.
Original Contributions at 8 C.F.R. § 204.5(h)(3)(v):
The petitioner claimed original contributions of major significance in her field, but the evidence did not sufficiently establish the impact and recognition of these contributions.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted evidence of receiving various awards. However, the specifics of these awards and their recognition level were not detailed sufficiently to meet the criterion.
Published Materials About the Petitioner:
The petitioner provided articles and other materials discussing her achievements, but these were not considered major media or professional publications by USCIS standards.
Original Contributions of Major Significance:
The petitioner claimed to have made original contributions to the field of sailing, but the evidence did not adequately demonstrate their significance or the recognition received.
Participation as a Judge:
The petitioner successfully demonstrated her participation as a judge in competitions related to her field, meeting this criterion.
Membership in Associations:
The petitioner claimed membership in several associations, but did not provide adequate evidence to show that these memberships required outstanding achievements.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
Not applicable based on the provided evidence.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
- Certificates and awards from various competitions.
- Articles and other published materials discussing her achievements.
- Documentation of her role as a judge in competitions.
- Letters of recommendation and support from peers and professionals in the field.
Conclusion
Final Determination:
The motion to reconsider is denied.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. Although she met two criteria, the evidence did not demonstrate sustained national or international acclaim or a major contribution in the field of athletics. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which she may be eligible.
