Date of Decision: November 30, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Swimmer and Multisport Athlete
Field: Athletics
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized prizes or awards: The Petitioner demonstrated receipt of lesser awards through his success in Ukrainian national swimming competitions.
- Published material about the noncitizen in professional or major trade publications or other major media: The Petitioner provided documentation of media coverage, particularly concerning his long-distance swim in 2011.
Criteria Not Met:
- Membership in associations requiring outstanding achievements of their members: The Petitioner failed to show that his Master of Sports of Ukraine certificate constituted membership in an association that requires outstanding achievements for entry.
- Original contributions of major significance in the field: The Petitioner did not contest the Director’s finding that he did not meet this criterion.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner received various titles in the Ukrainian Unified Sports Classification system, which recognizes athletic achievements.
Published Materials About the Petitioner:
- Significant media coverage highlighted his long-distance swim, but did not sufficiently demonstrate sustained national or international acclaim.
Original Contributions of Major Significance:
- The Petitioner did not provide evidence supporting original contributions of major significance in his field.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- The Petitioner did not provide sufficient evidence that his Master of Sports of Ukraine title granted him membership in relevant associations that require outstanding achievements.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- Not applicable.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Master of Sports of Ukraine Certificate: Provided as evidence of membership in associations, but did not meet the required criteria.
- Media Coverage: Included articles and press releases about his athletic achievements.
- Competition Records: Documented his participation and success in various national and international competitions.
Conclusion
Final Determination: The appeal is dismissed, and the petition remains denied.
Reasoning:
- The Petitioner did not meet the required three of ten initial evidentiary criteria.
- The documentation provided did not demonstrate sustained national or international acclaim.
- The Petitioner did not show that he belongs to the small percentage at the very top of his field.
Next Steps:
- The Petitioner may consider submitting additional evidence or seeking legal advice for further action.
