Date of Decision: October 26, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sailing Instructor
Field: Sailing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Evidentiary Criteria Analysis
Criteria Met:
The decision document does not specify which criteria were met.
Criteria Not Met:
One-time achievement (a major, internationally recognized award): The petitioner did not establish that he received a one-time achievement.
Initial Evidentiary Criteria: The petitioner did not satisfy at least three of the initial evidentiary criteria required for the requested classification.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of a one-time achievement or a major internationally recognized award.
Published Materials About the Petitioner:
No specific published materials about the petitioner were mentioned.
Original Contributions of Major Significance:
Not detailed in the decision.
Participation as a Judge:
Not detailed in the decision.
Membership in Associations:
Not detailed in the decision.
Authorship of Scholarly Articles:
Not detailed in the decision.
Leading or Critical Role Performed:
Not detailed in the decision.
Artistic Exhibitions or Showcases:
Not applicable to this case.
Evidence of High Salary or Remuneration:
Not detailed in the decision.
Commercial Successes in the Performing Arts:
Not applicable to this case.
Supporting Documentation
The petitioner submitted two letters of recommendation previously submitted and a letter dated April 14, 2021, offering the petitioner employment as a head coach with a yacht club. No additional evidence or a statement regarding the basis for the appeal was provided.
Conclusion
Final Determination: Appeal Summarily Dismissed
Reasoning: The appeal was summarily dismissed because the petitioner failed to identify any erroneous conclusion of law or statement of fact in the decision notice, nor did they provide additional grounds of eligibility that the Director did not address or contest the Director’s decision.
Next Steps: Ensure that any future appeals specifically address erroneous conclusions of law or statements of fact and provide detailed grounds of eligibility.
