Date of Decision: April 11, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Swimmer
Field: Athletics
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards:
The petitioner submitted documentation proving receipt of several awards in national and international swimming competitions.
Membership in associations which require outstanding achievements:
The petitioner is a member of Uzbekistan’s National Swimming Federation and the National Olympic Committee, both of which require significant accomplishments for membership.
Published material about the Petitioner in professional or other major media:
There were several articles about the petitioner in professional swimming news websites and other major media outlets covering her career and achievements.
Criteria Not Met:
Performing in a lead or critical role for organizations with distinguished reputations:
The petitioner did not sufficiently demonstrate that she had performed in a lead or critical role for any organizations with distinguished reputations.
Evidence of sustained national or international acclaim:
Despite meeting three of the initial criteria, the petitioner did not provide sufficient evidence of sustained national or international acclaim as required by the final merits determination.
Key Points from the Decision
Awards and Prizes Won:
The petitioner has won numerous medals at competitions within and beyond Uzbekistan. However, these awards were not considered sufficient to establish sustained acclaim.
Published Materials About the Petitioner:
Media coverage primarily consisted of articles in campus and local publications, and mentions on swimming news websites, which did not meet the threshold for extensive documentation of national or international recognition.
Original Contributions of Major Significance:
The evidence provided did not establish that the petitioner’s contributions to the field of swimming were of major significance on a national or international level.
Participation as a Judge:
No evidence was provided to show the petitioner’s participation as a judge of the work of others in her field.
Membership in Associations:
While membership in the National Swimming Federation and National Olympic Committee was recognized, this alone did not establish the petitioner’s extraordinary ability at the required level.
Authorship of scholarly articles:
No scholarly articles authored by the petitioner were submitted.
Leading or critical role performed:
The petitioner did not demonstrate she held a leading or critical role in any organization with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable to the petitioner’s field of athletics.
Evidence of High Salary or Remuneration:
No evidence of high salary or remuneration was submitted.
Commercial successes in the Performing Arts:
Not applicable to the petitioner’s field of athletics.
Supporting Documentation
- Awards and Medals: List and summary of awards received by the petitioner.
- Media Articles: Compilation of articles and mentions in media related to the petitioner’s achievements.
- Association Memberships: Documentation of memberships in the National Swimming Federation and National Olympic Committee.
- Competition Results: Detailed results from various national and international competitions where the petitioner participated.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial of the petition was upheld.
Reasoning: The petitioner failed to provide sufficient evidence of sustained national or international acclaim, and did not demonstrate that she is one of the small percentage who has risen to the very top of her field of endeavor.
Next Steps:
The petitioner may consider gathering more substantial evidence of sustained acclaim and reapply, or seek other visa classifications that may be more appropriate for her qualifications and achievements.
