Date of Decision: February 27, 2018
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:
Awards
The petitioner submitted photographs of various trophies and medals, event participation badges, identification tags, and table tennis player rankings for El Salvador. However, the evidence was not sufficient to demonstrate that these awards are nationally or internationally recognized for excellence in the field of table tennis.
Criteria Not Met:
Published Materials
The petitioner submitted an article, but it did not mention him by name and lacked information about the author and the publication’s circulation, failing to meet the criterion of published material about the petitioner in professional or major trade publications.
Original Contributions
The petitioner provided photographs of trophies and medals and letters discussing his playing skills and sportsmanship. However, this did not establish original contributions of major significance in the field.
Leading or Critical Role
The petitioner’s role in his table tennis team was not demonstrated to be leading or critical, nor was the team’s distinguished reputation sufficiently established.
Key Points from the Decision
Awards and Prizes Won:
The petitioner provided evidence of various awards, but the documentation was insufficient to prove these awards were nationally or internationally recognized for excellence in table tennis.
Published Materials About the Petitioner:
The submitted article did not meet the necessary criteria as it did not mention the petitioner by name and lacked author and publication details.
Original Contributions of Major Significance:
The evidence did not demonstrate that the petitioner made original contributions of major significance in table tennis.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner’s involvement in his team was not shown to be a leading or critical role.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided photographs of trophies and medals, event participation badges, identification tags, table tennis player rankings, and multiple statements from individuals discussing his participation and achievements in various competitions. However, this evidence did not meet the required criteria for demonstrating extraordinary ability in the field of table tennis.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a qualifying one-time achievement or documents that meet at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). The evidence provided did not support a finding of sustained national or international acclaim or demonstrate that the petitioner is among the small percentage at the very top of the field of endeavor.
Next Steps: The petitioner needs to gather more substantial evidence that meets the specific criteria for the EB1 Extraordinary Ability classification if considering another appeal or petition. This may include documentation of nationally or internationally recognized awards, published materials in major media, evidence of original contributions of major significance, and more.
