Date of Decision: MAY 22, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Wrestler
Field: Athletics
Nationality: Kyrgyzstan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser National or International Awards: The Petitioner received lesser awards for excellence at wrestling tournaments and championships.
Judging the Work of Others: Participated as a judge in wrestling on two occasions.
Criteria Not Met:
Membership in Associations: The Petitioner’s membership in wrestling associations did not demonstrate the required level of outstanding achievements judged by recognized national or international experts.
Published Material About the Petitioner: Lacked necessary documentation such as author names and failed to establish that the publications were of major media status.
Original Contributions of Major Significance: The Petitioner did not prove that his achievements in wrestling constituted original contributions of major significance to the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received several lesser-known awards in national and international wrestling competitions, but these were insufficient to meet the higher standards of extraordinary ability.
Participation as a Judge:
The Petitioner’s role as a judge in wrestling events was acknowledged, indicating recognition in the field but limited in scope.
Supporting Documentation
The Petitioner submitted evidence including awards certificates, letters of participation as a judge, membership documents from wrestling associations, and publications mentioning him. However, much of this was deemed insufficient in proving that he met the required number of evidentiary criteria for extraordinary ability.
Conclusion
Final Determination: The appeal is dismissed as the Petitioner failed to meet the necessary criteria for classification as an individual of extraordinary ability.
Reasoning:
The evidence provided did not satisfactorily demonstrate extraordinary ability in athletics as required under the relevant immigration provisions.
Next Steps:
It is recommended that the Petitioner gathers more robust evidence of his achievements and contributions to his field before reapplying or considering other visa classifications that might be more appropriate given the current evidence.
