Date of Decision: February 1, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Mixed Martial Arts
Nationality: Not specified in the provided document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None were met according to the provided document.
Criteria Not Met:
- Prizes or Awards: The petitioner did not establish that he had won a major, internationally recognized award.
- Membership: The petitioner did not demonstrate that his membership in the national team required outstanding achievements judged by recognized experts.
- Leading or Critical Role: The petitioner did not provide evidence of playing a leading or critical role in organizations or establishments with a distinguished reputation.
- Judging: The petitioner alluded to eligibility under this criterion for the first time on appeal, which was not considered.
- Original Contributions: The petitioner alluded to eligibility under this criterion for the first time on appeal, which was not considered.
- Commercial Success in the Performing Arts: The petitioner alluded to eligibility under this criterion for the first time on appeal, which was not considered.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner did not provide evidence of receiving any major, internationally recognized awards.
Published Materials About the Petitioner:
- Not applicable; there were no findings mentioned about published materials in the provided document.
Original Contributions of Major Significance:
- The petitioner alluded to this on appeal, but did not provide sufficient evidence or address it during the initial review.
Participation as a Judge:
- The petitioner alluded to this on appeal, but did not provide sufficient evidence or address it during the initial review.
Membership in Associations:
- The petitioner’s claim of membership on a national team did not meet the criteria as he did not provide sufficient evidence of the selection process or outstanding achievements required for membership.
Authorship of Scholarly Articles:
- Not applicable; there were no findings mentioned about authorship in the provided document.
Leading or Critical Role Performed:
- The petitioner did not provide sufficient evidence to establish that he played a leading or critical role in his field.
Artistic Exhibitions or Showcases:
- Not applicable; there were no findings mentioned about artistic exhibitions or showcases in the provided document.
Evidence of High Salary or Remuneration:
- Not applicable; there were no findings mentioned about high salary or remuneration in the provided document.
Commercial Successes in the Performing Arts:
- The petitioner alluded to this on appeal, but did not provide sufficient evidence or address it during the initial review.
Supporting Documentation
- Contract with Regional Organizations: The petitioner signed a contract with regional organizations in New Jersey and New York but did not reflect competing at a professional level.
- National Team Membership: Claimed membership in the national team, but did not demonstrate the selection process or requirements indicating outstanding achievements.
- Evidence from Leading Websites: Provided evidence about the team from leading websites, but did not substantiate the claims with detailed requirements or criteria for membership.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
- The petitioner did not meet the initial evidentiary requirement of having received a major, internationally recognized award or fulfilling at least three of the ten criteria.
- The petitioner did not provide sufficient evidence to support claims under the criteria initially reviewed or new criteria introduced on appeal.
- The petitioner has not demonstrated the sustained national or international acclaim required for the classification sought.
Next Steps:
- The petitioner may pursue these claims within a new petition filing.
