Date of Decision: April 27, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Water-Skier
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The Director concluded that the petitioner met the criterion for published material. This included various articles and newspaper coverage highlighting the petitioner’s successes in water skiing.
Awards at 8 C.F.R. § 204.5(h)(3)(i):
On appeal, the petitioner provided evidence of numerous awards throughout a 19-year career, including placements in prestigious international competitions. Letters from recognized officials and organizers established the national and international significance of these awards.
Membership in Associations at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner demonstrated membership in several prestigious water skiing organizations that required outstanding achievements for inclusion. Evidence provided included detailed requirements and letters from officials confirming the petitioner’s qualifications.
Criteria Not Met:
None. The petitioner successfully met three criteria upon further review.
Key Points from the Decision
Awards and Prizes Won:
The petitioner has won over 40 national water skiing titles, including significant placements in international competitions such as fifth place at the World Championships and third place at the European Championships. These achievements were supported by letters from officials and event organizers attesting to the prestige and recognition associated with these awards.
Published Materials About the Petitioner:
There was substantial published material about the petitioner, including articles in major newspapers and sports magazines. These publications highlighted the petitioner’s career achievements and contributions to the sport of water skiing.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
Not applicable based on the provided evidence.
Membership in Associations:
The petitioner demonstrated membership in elite water skiing associations, which required significant achievements and recognition within the sport. Letters from association officials provided detailed membership requirements and confirmed the petitioner’s outstanding qualifications.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
Not applicable based on the provided evidence.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Numerous articles and newspaper clippings highlighting the petitioner’s successes in water skiing.
Letters from recognized officials and event organizers detailing the national and international significance of the petitioner’s awards.
Documentation of membership requirements for elite water skiing associations and letters from association officials confirming the petitioner’s qualifications.
Conclusion
Final Determination:
The appeal is sustained.
Reasoning:
The petitioner successfully demonstrated meeting at least three of the evidentiary criteria required for EB1 Extraordinary Ability classification. The petitioner showed sustained national and international acclaim and extensive recognition of achievements in the field of water skiing. The totality of the evidence supported the petitioner’s extraordinary ability classification.
Next Steps:
The petitioner is approved for classification as an individual of extraordinary ability. It is recommended to continue pursuing opportunities and contributions in the field of water skiing within the United States.
