Date of Decision: August 1, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Table Tennis Player
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:
- The petitioner documented receipt of awards from national and international table tennis tournaments. The Director determined his finishes at specific tournaments were nationally or internationally recognized awards in table tennis.
- Published material about the petitioner in professional or major trade publications:
- The petitioner demonstrated published material about him in professional or major trade publications, consistent with the regulation at 8 C.F.R. § 204.5(h)(3)(iii). The record includes two articles from major publications that feature the petitioner and discuss his playing style and tournament performance.
Criteria Not Met:
- Membership in associations in the field which require outstanding achievements:
- The Director found that the petitioner’s memberships did not meet the regulatory requirements as they did not require outstanding achievements judged by recognized national or international experts.
- Original contributions of major significance:
- Although reference letters praised the petitioner’s talent and skill, they did not demonstrate original contributions of major significance in the field. The petitioner did not establish how his tournament results and ranking constitute original contributions of major significance.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner received recognition in national and international table tennis tournaments but did not achieve a one-time major, internationally recognized award.
Published Materials About the Petitioner:
- The petitioner garnered media attention through articles discussing his playing style and tournament performance.
Original Contributions of Major Significance:
- Reference letters discussed the petitioner’s assistance in training other table tennis players but did not establish a significant impact on the field as a whole.
Participation as a Judge:
- Not applicable in this case.
Membership in Associations:
- The petitioner’s memberships were found to be open to anyone interested in joining, thus not meeting the criterion of requiring outstanding achievements.
Authorship of Scholarly Articles:
- Not applicable in this case.
Leading or Critical Role Performed:
- Not applicable in this case.
Artistic Exhibitions or Showcases:
- Not applicable in this case.
Evidence of High Salary or Remuneration:
- Not applicable in this case.
Commercial Successes in the Performing Arts:
- Not applicable in this case.
Supporting Documentation
- Reference Letters:
- Letters praised the petitioner’s talent and skill but lacked specific examples of significant impact in the field.
- Tournament Results:
- Documentation of awards and finishes in various tournaments.
- Membership Documents:
- Letters and membership cards from associations, which did not meet the required criteria for outstanding achievements.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
- The petitioner did not satisfy the necessary evidentiary criteria to qualify as an individual of extraordinary ability.
- The evidence provided did not demonstrate the petitioner’s achievements have been recognized in the field to the level required for this classification.
Next Steps:
- Consider alternative visa classifications or gather additional evidence to meet the criteria for an EB1 Extraordinary Ability petition.
