Date of Decision: JUNE 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Wrestler
Field: Athletics
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Awards: The petitioner met this criterion by medaling at international tournaments.
- Memberships: The petitioner fulfilled this criterion as a member of the national wrestling team.
Criteria Not Met:
- Published Materials: The petitioner failed to meet this criterion due to insufficient documentation, specifically missing author information and a lack of evidence that the publications were of a substantial size or reach.
- Leading or Critical Role: The evidence provided did not sufficiently demonstrate that the petitioner’s role was either leading or critical to the organizations or establishments cited.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received awards for his performance in wrestling, specifically medals at international tournaments.
Participation as a Judge:
No information provided.
Membership in Associations:
The petitioner was a member of the national wrestling team, which is recognized but was not sufficient to meet the additional criteria needed.
Leading or critical role performed:
While the petitioner claimed to have played a leading and critical role, the evidence did not support these claims sufficiently.
Supporting Documentation
- Brief from the Petitioner: A legal argument claiming fulfillment of three criteria.
- Evidence Submitted: Included medals from competitions and membership details, but lacked comprehensive proof for published materials and roles claimed.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence meeting the necessary criteria.
Reasoning: The petitioner did not meet the required number of evidentiary criteria, and the documentation did not support the claims of a leading or critical role in a distinguished organization.
Next Steps: The petitioner may consider reapplying with additional evidence or seek alternative visa classifications.
