Date of Decision: JULY 9, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Trek and Expedition Guide to Mountain Climbers
Field: Mountaineering
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Leading or critical role: Initially found to have fulfilled this criterion on motion, indicating a leadership role in mountaineering expeditions. However, this finding was subsequently withdrawn upon further appeal review.
Criteria Not Met:
- Awards: No significant, internationally recognized awards or prizes were documented.
- Published Materials About the Petitioner: Insufficient evidence that publications like the Golden Transcript qualify as major trade or professional publications.
- Original Contributions of Major Significance: Did not demonstrate that rescue efforts and contributions in mountaineering rise to a level of major significance in the field.
- Membership in Associations: Failed to establish that memberships required outstanding achievements as judged by recognized national or international experts.
- High Salary or Remuneration: No evidence provided to demonstrate high salary indicative of extraordinary ability.
Key Points from the Decision
Awards and Prizes Won: No applicable awards or recognitions of a substantial or international level were demonstrated.
Published Materials About the Petitioner: Assertions that publications recognized his contributions were not supported by evidence that these were of major trade publications.
Original Contributions of Major Significance: Contributions, though impactful on a personal level, did not meet the criteria for significance within the professional community at large.
Participation as a Judge: No participation in judging peers or events was noted.
Membership in Associations: Membership was in associations that did not require outstanding achievements for admission.
Leading or critical role performed: Despite assertions of a critical role in specific rescues, there was insufficient evidence of a sustained leading or critical role across the profession.
Supporting Documentation
- Appeal Letter: Focused on reasserting qualifications without new substantial evidence.
- Letters of Recommendation: Highlighted specific rescues and leadership moments but did not substantiate a broader impact or recognition within the field of mountaineering.
Conclusion
Final Determination: The appeals to reconsider and reopen the decision were denied due to a lack of substantial evidence meeting the required criteria. The petitioner did not demonstrate extraordinary ability in the field of mountaineering according to the standards set by USCIS.
Reasoning: The evidence provided did not meet the high standards required for the classification as an individual of extraordinary ability.
Next Steps: The petitioner may consider gathering more substantial evidence that aligns with the stringent requirements or explore other visa categories that may be more suited to their qualifications and documentation.
