Date of Decision: NOV. 27, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Table Tennis Player
Field: Athletics
Nationality: Nepali
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards: The Petitioner received nationally and internationally recognized awards.
Published Materials: Media coverage satisfying the published material criterion.
Criteria Not Met:
Judging: The Petitioner did not demonstrate that serving as an umpire or referee equates to participating as a judge of the work of others.
Membership: The Petitioner did not establish that his membership in associations required outstanding achievements judged by recognized national or international experts.
Leading or Critical Role: The Petitioner did not demonstrate that he performed in a critical role for organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won
The Petitioner received various awards recognized at national and international levels, confirming his achievements in table tennis.
Published Materials About the Petitioner
There was media coverage of the Petitioner’s performances, which satisfied the published material criterion.
Original Contributions of Major Significance
The decision did not find sufficient evidence to support claims of original contributions of major significance in the field.
Participation as a Judge
The documentation provided did not show that the Petitioner acted as a judge of the work of others but rather as an umpire or referee, which does not meet the required criterion.
Membership in Associations
The Petitioner failed to prove that his memberships required outstanding achievements judged by experts, thus not meeting this criterion.
Leading or Critical Role Performed
Letters provided did not contain detailed information to substantiate claims of the Petitioner’s critical role in organizations with a distinguished reputation.
Supporting Documentation
- Letters from Sports Journalists: Described the Petitioner’s participation and membership but lacked detailed information on selection criteria.
- Media Articles: Mentioned the Petitioner’s performances in table tennis tournaments.
- Award Certificates: Indicated the Petitioner’s membership and achievements but did not demonstrate judging by recognized experts.
Conclusion
Final Determination: Appeal dismissed
Reasoning: The Petitioner did not provide sufficient evidence to meet at least three of the required criteria for extraordinary ability. The record lacked documentation proving sustained national or international acclaim and recognition as one of the top individuals in the field of table tennis.
Next Steps: The Petitioner may consider gathering more robust and detailed evidence that meets the criteria and reapplying.
