Date of Decision: September 27, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Athlete and Instructor
Field: Athletics and Martial Arts Instruction
Nationality: Venezuela
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- National or International Awards: The Petitioner demonstrated recognition through nationally or internationally recognized prizes.
- Judging: The Petitioner showed participation as a judge of the work of others in the field.
Criteria Not Met:
- Published Material: The Petitioner failed to demonstrate significant coverage of their work in major publications, with insufficient translations and inadequate focus on their contributions.
- Leading or Critical Role: The evidence provided did not establish that the Petitioner held a leading or critical role in distinguished organizations. The roles described lacked sufficient detail and corroborating evidence to be considered critical or leading.
Key Points from the Decision
Published Materials About the Petitioner:
The Petitioner submitted 31 articles and a transcript of a television interview. However, most articles were in Spanish without full translations, and those in English or with translations did not sufficiently focus on the Petitioner’s contributions. The articles mentioned the Petitioner in passing rather than highlighting their achievements.
Leading or Critical Role Performed:
The Petitioner claimed roles such as Director of Promotions, President of a regional organization, and Founder and President of a martial arts school. However, the evidence lacked specificity, detail, and corroboration to demonstrate that these roles were critical or leading within organizations of distinguished reputation.
Supporting Documentation
- Letters from Board of Directors: General statements regarding the Petitioner’s impact without sufficient evidence or detail.
- Photographs of Tournament Trophies: Provided as evidence of the Petitioner’s school’s success but lacked corroboration linking these trophies to the Petitioner’s achievements.
- Articles and Interview Transcripts: Lacked proper translation and focus on the Petitioner’s contributions, thereby not meeting the criteria for published material about the petitioner.
Conclusion
Final Determination: The appeal was dismissed. The Petitioner did not meet the requirements for demonstrating extraordinary ability as defined under the relevant criteria. The evidence provided was insufficient in proving sustained national or international acclaim and critical roles within distinguished organizations.
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