Date of Decision: JUNE 25, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Trek and Mountain Expedition Leader
Field: Mountaineering
Nationality: Nepalese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Published material about the petitioner in major trade publications or media: The petitioner has published material in major Nepali publications.
Criteria Not Met:
- Original contributions of major significance in the field: The petitioner’s contributions to mountaineering and climate change were not substantiated with specific details demonstrating major significance.
- High salary or remuneration compared to others in the field: Not applicable as the petitioner did not claim to meet this criterion.
- Evidence of performance in a leading or critical role for organizations with a distinguished reputation: Although initially claimed, only one critical role was substantiated.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards were recognized by the Ministry of Tourism in Nepal but were not considered to meet the criterion of national or international recognition for excellence.
Published Materials About the Petitioner:
The petitioner was featured in major Nepali publications, fulfilling one of the required criteria for extraordinary ability recognition.
Original Contributions of Major Significance:
The contributions cited were not specifically detailed and thus were not considered of major significance in the field of mountaineering.
Leading or critical role performed:
The petitioner served as a managing director, which was recognized as a leading role, but other claims of critical roles were not substantiated.
Supporting Documentation
- Letters of appreciation and confirmation of awards.
- Certified translations of published articles.
- Documentary evidence regarding the life and risks of Sherpas.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence to meet the required number of criteria for extraordinary ability status. The documentation presented did not adequately demonstrate the petitioner’s extraordinary ability in mountaineering as defined by USCIS standards.
Reasoning: The evidence did not sufficiently meet the high standards required for an EB-1 extraordinary ability visa, particularly in demonstrating national or international recognition and original contributions of major significance.
Next Steps: It is recommended that the petitioner gather more substantial and detailed evidence of his achievements and contributions to mountaineering if considering reapplication.
