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 established that he received a gold medal as a player at the 1990 championship in the Netherlands.
Membership in associations in the field for which classification is sought: The Petitioner was a member of the national sitting volleyball team until 1992, and his membership satisfies the requirements of this criterion.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media: The Petitioner originally submitted translations of articles regarding his team’s victory in 1990. However, the translations did not identify the titles, dates, authors, or publications. Additionally, the Petitioner is only briefly mentioned in the articles without any detailed discussion about him.
Leading or critical role for organizations or establishments with a distinguished reputation: The Petitioner presented photographs and letters, but did not show that he performed in a leadership role or was responsible for the success or standing of the organizations. The evidence did not demonstrate that he performed in a leading or critical role.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received a gold medal in the 1990 championship in the Netherlands. However, the evidence did not demonstrate that this gold medal is recognized as a major, internationally recognized award equivalent to the Nobel Prize or Olympic Medal.
Published Materials About the Petitioner:
The translations of the articles provided did not meet the requirements as they did not include necessary details such as titles, dates, authors, or publications, and the articles were not specifically about the Petitioner.
Original Contributions of Major Significance:
The Petitioner did not provide sufficient evidence of original contributions that are of major significance to the field of sitting volleyball.
Participation as a Judge:
Not applicable.
Membership in Associations:
The Petitioner was a member of the national sitting volleyball team until 1992, which satisfies this criterion.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
The Petitioner did not demonstrate that he performed in a leading or critical role for any organizations or establishments with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Gold Medal Award Certificate: Document confirming the Petitioner’s gold medal win in the 1990 championship in the Netherlands.
- Membership Confirmation: Evidence of the Petitioner’s membership in the national sitting volleyball team until 1992.
- Translated Articles: Articles about the team’s victory in 1990, though lacking specific details and proper identification.
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 meet at least three of the ten criteria for EB1 classification. The evidence provided did not sufficiently demonstrate that the Petitioner has achieved the level of expertise required for the classification sought.
Next Steps: The Petitioner may consider gathering more robust evidence that clearly demonstrates meeting the necessary criteria and resubmitting the petition.
