Date of Decision: February 27, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Ultramarathon Runner
Field: Athletics
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner demonstrated he met this criterion by placing first in the male category at the 2014 ultramarathon, which the Director acknowledged.
Criteria Not Met:
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields:
The petitioner did not provide sufficient evidence that his memberships required outstanding achievements judged by recognized experts.
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought:
The submitted articles and listings did not specifically highlight the petitioner’s work or achievements in ultramarathon running.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The petitioner’s participation and fundraising efforts did not demonstrate contributions of major significance to the field of ultramarathon running.
Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases:
Running in ultramarathon races does not equate to displaying work at artistic exhibitions or showcases.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The petitioner did not demonstrate holding a leading or critical role in distinguished organizations related to his field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner successfully demonstrated receipt of a lesser nationally or internationally recognized award by placing first in the male category at the 2014 ultramarathon.
Published Materials About the Petitioner:
The articles and mentions provided did not sufficiently discuss the petitioner’s work or contributions, nor did they qualify as professional or major trade publications.
Original Contributions of Major Significance:
The petitioner did not provide evidence of contributions that have significantly impacted the field of ultramarathon running.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner failed to show that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner did not demonstrate holding a significant role in any distinguished organizations.
Artistic Exhibitions or Showcases:
Running in races did not meet the requirement for artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner submitted evidence including awards, memberships, articles, participation in events, and testimonials. However, the provided documentation did not meet the necessary criteria to support the claims.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required initial evidence criteria and did not establish the extraordinary ability needed for the classification sought.
Next Steps: The petitioner may consider gathering more comprehensive evidence that directly addresses the criteria for extraordinary ability or explore other visa categories.
