Date of Decision: NOV 28, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Triathlete
Field: Athletics
Nationality: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Receipt of Lesser Recognized Prizes or Awards: The Petitioner met this criterion by providing evidence of placing first in the 2006 Pan American Duathlon Championships and second in the 2009 South American Duathlon Championships, which are considered nationally and internationally recognized events.
Membership in Associations: The Petitioner was a member of the Venezuelan National Team. The membership was based on qualifying times and physical abilities judged by national experts.
Criteria Not Met:
Published Material About the Petitioner: The articles submitted were either not primarily about the Petitioner or were not from major media. Only one article from 2005 was about the Petitioner, but it was not established that it was published in a major media outlet.
Leading or Critical Role: The evidence provided did not establish that the Petitioner’s role as a member of the Venezuelan National Team or his achievements at university significantly impacted the organizations’ success or standing.
Key Points from the Decision
Awards and Prizes Won: The Petitioner provided evidence of receiving first and second place in significant duathlon competitions. However, the evidence was not sufficient to establish that these awards were nationally or internationally recognized for excellence in his field.
Published Materials About the Petitioner: The articles submitted were either not about the Petitioner or not from major media, thus not meeting the criterion.
Original Contributions of Major Significance: Not applicable in this case.
Participation as a Judge: Not applicable in this case.
Membership in Associations: The Petitioner’s membership in the Venezuelan National Team met the criterion, as it required outstanding achievements judged by recognized national experts.
Authorship of Scholarly Articles: Not applicable in this case.
Leading or Critical Role Performed: The Petitioner did not sufficiently establish that his role in the Venezuelan National Team or his achievements at university were critical to the organizations’ overall success or standing.
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
Articles and Reviews: Various articles and reviews about the Petitioner’s competitions.
Recommendation Letters: Letters from colleagues and experts supporting the significance and impact of the Petitioner’s achievements.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The evidence provided did not establish that the Petitioner met at least three of the ten criteria required for classification as an individual of extraordinary ability. The totality of the evidence did not demonstrate sustained national or international acclaim or that the Petitioner is among the small percentage who have risen to the very top of his field.
Next Steps: The Petitioner may consider gathering more robust evidence of his achievements’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
