Date of Decision: February 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Speed Skater and Coach
Field: Athletics
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
None
Criteria Not Met
Criterion 1: Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Description: The petitioner provided certificates for first place finishes in various Ukrainian speed skating competitions between 2003 and 2015. However, there was no corroborating evidence to establish these events’ national or international recognition.
Criterion 2: Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
Description: The petitioner claimed that his expertise in modifying skate blades contributed to the success of team members in achieving personal bests. However, there was no evidence that his blade-shaping method was widely recognized or adopted within the field.
Criterion 3: Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
Description: While the petitioner served as a coach and skater for various teams, there was insufficient evidence to demonstrate the significance of his role or its critical impact on the organizations.
Key Points from the Decision
Awards and Prizes Won
Summary of findings: The petitioner failed to provide sufficient evidence that the awards received were recognized nationally or internationally.
Published Materials About the Petitioner
Summary of findings: Not applicable in this case.
Original Contributions of Major Significance
Summary of findings: The petitioner’s contributions as a coach and technical expert in blade modification did not demonstrate significant impact in the field of speed skating.
Participation as a Judge
Summary of findings: Not applicable in this case.
Membership in Associations
Summary of findings: Not applicable in this case.
Authorship of scholarly articles
Summary of findings: Not applicable in this case.
Leading or critical role performed
Summary of findings: The petitioner did not provide sufficient evidence to establish a leading or critical role within distinguished organizations.
Artistic Exhibitions or Showcases
Summary of findings: Not applicable in this case.
Evidence of High Salary or Remuneration
Summary of findings: Not applicable in this case.
Commercial successes in the Performing Arts
Summary of findings: Not applicable in this case.
Supporting Documentation
The petitioner submitted certificates for competition placements, letters from team members and officials attesting to his contributions, and a summary of his coaching and technical expertise. However, the evidence did not sufficiently meet the required criteria for demonstrating extraordinary ability.
Conclusion
Final Determination: Denied
Reasoning: The petitioner did not meet the initial evidentiary criteria required for classification as an individual of extraordinary ability. The evidence provided did not demonstrate sustained national or international acclaim or significant contributions to the field of athletics.
Next Steps: The petitioner may consider submitting additional evidence or seeking alternative immigration options if applicable.
