Date of Decision: DEC. 21, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sitting Volleyball Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards for Excellence in the Field of Endeavor: The Petitioner received a gold medal as a player at the 1990 World Championships in the Netherlands.
- Membership in Associations in the Field for Which Classification is Sought: The Petitioner was a member of a national volleyball team until 1992.
Criteria Not Met:
- Published Material About the Alien in Professional or Major Trade Publications or Other Major Media: The Petitioner submitted translations of articles that did not identify titles, dates, authors, or publications, and only mentioned the Petitioner without specific details about his work.
- Leading or Critical Role for Organizations or Establishments That Have a Distinguished Reputation: The Petitioner did not demonstrate that he performed in a leadership role or was credited with the overall success of the team. Additionally, the evidence did not show involvement in coaching at a high level.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed his gold medal as a major international award, but it did not meet the USCIS criteria for a one-time achievement comparable to the Nobel Prize or Olympic medals.
Published Materials About the Petitioner:
The articles submitted did not meet the regulatory criteria due to lack of detailed information and relevance to the Petitioner’s extraordinary abilities.
Original Contributions of Major Significance:
Not applicable in this case.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The Petitioner’s membership was recognized, but it did not establish extraordinary ability.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The Petitioner did not demonstrate a leading or critical role in his field.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Gold Medal Documentation: Verified receipt of a gold medal at the 1990 World Championships.
- Association Membership Proof: Confirmed membership in the national volleyball team until 1992.
- Translated Articles: Included, but lacked necessary details to meet evidentiary standards.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that satisfy at least three of the ten criteria. The totality of the evidence did not establish the Petitioner’s extraordinary ability in the field of sitting volleyball.
Next Steps: The Petitioner may consider providing more substantial evidence or reapplying with additional documentation that meets the required criteria.
