Date of Decision: May 27, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Volleyball Coach
Field: Athletics, specifically Volleyball
Nationality: Ukrainian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The petitioner demonstrated participation in various national and international volleyball competitions, earning significant awards. For instance, he received the Best Player award in 2008 and was named Most Valuable Player in 2015 and 2017.
Membership in Associations:
The petitioner was a member of the Ukrainian national men’s volleyball team from 2009 to 2018, which has a competitive selection process indicating outstanding achievements.
Participation as a Judge:
The petitioner served as a referee and honorary judge in volleyball tournaments, such as those compliant with international rules.
Criteria Not Met:
Published Material:
Although several articles were submitted about the petitioner, they did not meet the requirement of being from professional or major trade publications or other major media.
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate that his contributions had significantly impacted the field of volleyball.
Leading or Critical Role:
The petitioner did not provide sufficient evidence to show that his roles in various volleyball teams and organizations were of critical importance to their success.
Key Points from the Decision
Awards and Prizes Won:
The petitioner was recognized as Best Player in 2008 and Most Valuable Player in 2015 and 2017, indicating individual excellence in his field.
Published Materials About the Petitioner:
The petitioner submitted articles from websites such as sport.ua and midilibre.fr, but these were not deemed major media by USCIS standards.
Original Contributions of Major Significance:
Despite his achievements as an athlete and coach, the petitioner did not provide evidence of contributions that widely impacted the field of volleyball.
Participation as a Judge:
The petitioner participated as a referee, but this role was not sufficient to demonstrate judging the work of others in the field of volleyball.
Membership in Associations:
Membership in the Ukrainian national men’s volleyball team was recognized, but the selection criteria and specific achievements required for membership were not sufficiently detailed.
Authorship of Scholarly Articles:
No evidence was provided in this category.
Leading or Critical Role:
The petitioner held positions in various teams, but the evidence did not establish these roles as critical to the organizations’ success.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letters of Endorsement:
Letters from volleyball federation officials and team coaches supporting the petitioner’s achievements and roles.
- Award Certificates:
Documentation of awards and recognitions received by the petitioner during his volleyball career.
- Media Articles:
Various articles and interviews published about the petitioner, though they did not meet the required standards for major media.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the necessary criteria to demonstrate sustained national or international acclaim in his field. The evidence provided did not establish that he is among the small percentage at the very top of the field of volleyball.
Next Steps:
The petitioner may consider providing additional evidence or re-evaluating the categories under which he is applying to strengthen his case for future appeals or applications.
