Date of Decision: MAY 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Martial Arts
Nationality: Armenian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
Criterion 1: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Description: The Petitioner submitted several awards from karate competitions, but these were not supported by sufficient evidence of national or international recognition.
Criterion 2: Membership in associations in the field which require outstanding achievements of their members.
Description: Evidence does not demonstrate that membership on the Armenian national karate team requires outstanding achievements.
Criterion 3: Published materials about the individual in professional or major trade publications or other major media.
Description: The evidence lacks detailed information about the media outlets which would establish their credibility or significance.
Criterion 4: Participation as a judge of the work of others in the field.
Description: The evidence does not show that the Petitioner’s role as a referee involved judging the skills of competitors in a manner that impacts their professional standing.
Criterion 5: Original contributions of major significance in the field.
Description: The evidence is insufficient to show that the Petitioner’s contributions as a karate trainer or author of karate manuals have had a significant impact on the field.
Criterion 6: Authorship of scholarly articles in professional publications or major media.
Description: The manuals authored by the Petitioner do not meet the standard for scholarly articles as they are intended for a general audience rather than experts in the field.
Key Points from the Decision
Awards and Prizes Won: The Petitioner provided evidence of various awards in karate but failed to establish their recognition as major international awards or demonstrate that the competitions were prestigious.
Published Materials About the Petitioner: Articles and other materials referencing the Petitioner’s achievements in karate were either insufficiently documented or not credible enough to support his claims.
Original Contributions of Major Significance: Training of karate students and publication of karate manuals were noted, but these did not qualify as significant contributions to the martial arts community.
Supporting Documentation
- Certificates from national and international karate competitions
- Letters from martial arts associations
- Translated articles and web content
Conclusion
Final Determination: The appeal is dismissed. The evidence presented does not support the Petitioner’s claim to have extraordinary ability in martial arts.
Reasoning: The Petitioner did not meet the required evidentiary criteria and failed to demonstrate sustained acclaim and recognition in his field.
Next Steps: The Petitioner may seek other avenues or reapply with additional and more compelling evidence.
