Date of Decision: September 20, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Athletics
Petitioner Information
Profession: Athlete
Field: Judo, Sambo, Wrestling
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- None: The petitioner did not meet any of the criteria required for exceptional ability.
Criteria Not Met:
- Official Academic Record: The petitioner did not provide an official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
- Full-time Experience: While the petitioner provided some letters of experience, the evidence did not clearly demonstrate full-time experience in the specific occupation.
- License or Certification: The petitioner did not submit evidence indicating a license or certification required to practice as an athlete.
- Salary or Remuneration: The petitioner did not provide evidence of commanding a salary or other remuneration that demonstrates exceptional ability.
- Professional Associations: The petitioner’s claimed membership in the national judo team did not establish eligibility as it did not qualify as a professional association.
- Recognition for Achievements: The certificates and titles provided by the petitioner did not establish recognition for achievements and significant contributions to the industry or field.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue participating in judo, sambo, and wrestling, contributing to these sports through competitions and training.
Substantial Merit and National Importance:
The proposed endeavor was not recognized as having substantial merit and national importance. The evidence provided did not sufficiently demonstrate the national interest in the petitioner’s contributions.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted certificates of participation, attendance, and victory in various athletic competitions, as well as letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his achievements being widely recognized or implemented in the field of athletics.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of athletics.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he qualifies as an advanced degree professional or an individual of exceptional ability, nor that his proposed endeavor is of substantial merit and national importance. The evidence provided was insufficient to support his claims of significant impact and national importance.
