Date of Decision: MAY 08, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Showjumping Horse Groom
Field: Equestrian Sports
Nationality: [Not Provided in Document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Leading or Critical Role for Organizations with Distinguished Reputations
The Director determined the Petitioner met this criterion, related to performing in a leading or critical role for organizations with distinguished reputations. The Petitioner provided evidence of her significant role in the management of showjumping horses for competitions overseen by the Federation Equestre Internationale (FEI).
Criteria Not Met:
Criterion 1: Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence
The Petitioner acknowledged the existence of the FEI Groom of the Year award but did not claim to have received this or any other award. The Petitioner argued that awards for excellence do not exist in her field and provided letters from showjumping riders and support staff as comparable evidence. However, the Director and the Administrative Appeals Office (AAO) found this evidence insufficient to establish eligibility under this criterion.
Criterion 2: Membership in Associations in the Field that Require Outstanding Achievements
The Petitioner did not claim membership in associations such as the International Grooms Association (IGA) or the British Grooms Association (BGA), and acknowledged that such memberships would not establish her eligibility. The AAO concluded that the criterion applies to the Petitioner’s field and the provided evidence was not comparable.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not claim to have received any nationally or internationally recognized awards for excellence.
Published Materials About the Petitioner:
No relevant information or evidence was provided in this category.
Original Contributions of Major Significance:
No relevant information or evidence was provided in this category.
Participation as a Judge:
No relevant information or evidence was provided in this category.
Membership in Associations:
The Petitioner acknowledged that membership in relevant associations would not establish her eligibility.
Authorship of Scholarly Articles:
No relevant information or evidence was provided in this category.
Leading or Critical Role Performed:
The Petitioner was recognized for her critical role in managing showjumping horses, but this alone was not sufficient to meet the overall criteria for extraordinary ability.
Artistic Exhibitions or Showcases:
No relevant information or evidence was provided in this category.
Evidence of High Salary or Remuneration:
No relevant information or evidence was provided in this category.
Commercial Successes in the Performing Arts:
No relevant information or evidence was provided in this category.
Supporting Documentation
1. Letters from Showjumping Riders and Support Staff:
Summarized the Petitioner’s role and importance in the management of showjumping horses, but were deemed insufficient as primary evidence of extraordinary ability.
2. Documentation of Competitions and Rankings:
Did not establish a direct link between the Petitioner’s work and the achievements of the horses or riders.
3. Articles and Media Coverage:
Minimal coverage, underscoring the behind-the-scenes nature of the Petitioner’s work, which did not meet the criteria for national or international acclaim.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The evidence did not demonstrate that the Petitioner’s achievements have been recognized at the level of sustained national or international acclaim required for classification as an individual of extraordinary ability. The Petitioner’s work, though significant, did not meet the rigorous standards set forth by the regulations and case law governing this visa classification.
Next Steps:
The Petitioner may consider re-evaluating the evidentiary criteria and gathering more substantial and direct evidence of her achievements and their impact within the field. Consulting with an immigration attorney specializing in extraordinary ability petitions may provide further guidance.
