Date of Decision: February 6, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Swimming Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Membership in Associations: The petitioner was a member of the national swim team.
Awards and Prizes: The petitioner won a gold medal as a competitor in a major international event.
Criteria Not Met:
Published Material: Articles submitted were not certified translations and did not meet the necessary criteria.
Original Contributions: The petitioner did not submit evidence demonstrating major contributions in the field.
Other Criteria: The petitioner did not satisfy additional regulatory criteria such as evidence of judging the work of others, leading or critical roles, high salary or remuneration, and commercial successes in the performing arts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won a gold medal in a major international swimming event. However, the awards were considered in the context of athletic performance, not coaching.
Published Materials About the Petitioner:
The submitted articles were about the petitioner’s swimming achievements. Due to a lack of certified translations, these articles were not considered valid evidence.
Original Contributions of Major Significance:
The petitioner did not provide evidence of contributions of major significance in the field of coaching.
Participation as a Judge:
No evidence was provided to support this criterion.
Membership in Associations:
The petitioner’s membership in the national swim team was acknowledged, but it did not meet the required standard of associations that demand outstanding achievements of their members.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role Performed:
No evidence was provided to support this criterion.
Artistic Exhibitions or Showcases:
No evidence was provided to support this criterion.
Evidence of High Salary or Remuneration:
No evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Supporting Documentation
- Membership in Associations: Letters from the General Secretary and President of the swim team confirming the petitioner’s membership.
- Awards and Prizes: Documentation of the petitioner’s gold medal in a major international swimming competition.
- Published Material: Articles from Spanish language media about the petitioner’s achievements.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not satisfy the initial evidence requirements and failed to demonstrate extraordinary ability in coaching as required by the regulatory criteria.
Next Steps: The petitioner may consider submitting a motion to reconsider or a motion to reopen with new evidence.
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