Date of Decision: January 18, 2017
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner submitted evidence of winning first place in multiple Russian sailing competitions between 2006 and 2011. The media coverage indicated that these awards are nationally recognized in her sport.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought:
The petitioner provided her judging logbook from various competitions and a letter from the president of a sailing association listing the events where she served as a judge.
Criteria Not Met:
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields:
The petitioner failed to provide sufficient evidence that the associations she was a member of required outstanding achievements of their members as judged by recognized experts.
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought:
The petitioner submitted several articles, but they either did not meet the criteria of being about her, lacked proper attribution, or were not from major media sources.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The reference letters and other supporting documents did not provide specific examples or demonstrate that the petitioner’s contributions had a significant impact on the field of sailing.
Key Points from the Decision
Awards and Prizes Won:
The petitioner demonstrated winning several nationally recognized sailing competitions in Russia, fulfilling the criterion for lesser nationally or internationally recognized prizes or awards for excellence.
Published Materials About the Petitioner:
The submitted articles did not satisfy the regulatory criterion as they either were not focused on the petitioner, lacked proper attribution, or were not from major media outlets.
Original Contributions of Major Significance:
The reference letters provided were not specific enough and lacked evidence of significant impact or major contributions in the field of sailing.
Participation as a Judge:
The petitioner successfully demonstrated participation as a judge in various sailing competitions through her judging logbook and supporting letters.
Membership in Associations:
The evidence provided did not demonstrate that the memberships required outstanding achievements judged by recognized experts, thus failing to meet this criterion.
Supporting Documentation
- Judging logbook from various sailing competitions
- Letters from association presidents and other professionals in the field
- Articles from various publications, though not all met the necessary criteria
- Certificates and awards from national sailing competitions in Russia
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not meet the required evidence criteria to be classified as an individual of extraordinary ability.
Reasoning: The petitioner was unable to provide sufficient documentation for several key criteria, and the evidence did not demonstrate a level of expertise indicating that she is one of the small percentage who have risen to the very top of her field.
Next Steps: The petitioner may consider gathering more robust and comprehensive evidence that clearly demonstrates extraordinary ability and significant contributions in the field of sailing before reapplying.
