Date of Decision: March 7, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Mixed Martial Arts (MMA)
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Published Material (8 C.F.R. § 204.5(h)(3)(iii)):
The petitioner provided articles from UFC.com and bloodyelbow.com about his UFC Fight Night win in 2016.
Criteria Not Met:
Major International Award (8 C.F.R. § 204.5(h)(3)):
The petitioner claimed that his UFC Fight Night win was a major, internationally recognized award but did not provide sufficient documentation to support this.
Lesser Prizes or Awards (8 C.F.R. § 204.5(h)(3)(i)):
The petitioner did not establish that his UFC awards, such as Performance of the Night and Fight of the Night, are nationally or internationally recognized for excellence in the field.
Membership in Associations (8 C.F.R. § 204.5(h)(3)(ii)):
The petitioner provided documentation regarding UFC but did not demonstrate that membership requires outstanding achievements.
Original Contributions of Major Significance (8 C.F.R. § 204.5(h)(3)(v)):
The petitioner cited his MMA fights and a signature move but did not provide evidence of major significance to the MMA field.
Leading or Critical Role (8 C.F.R. § 204.5(h)(3)(viii)):
The petitioner claimed a leading role in UFC but did not provide evidence to differentiate his role from other competitors or show its critical impact on UFC’s success.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed various UFC awards but failed to provide evidence of their national or international recognition.
Published Materials About the Petitioner:
The petitioner included articles about his UFC Fight Night win, but these did not meet the criteria for major international acclaim.
Original Contributions of Major Significance:
The petitioner’s signature move and fight wins were highlighted but lacked evidence of significant impact on the MMA field.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner claimed UFC membership but did not prove that it required outstanding achievements.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner failed to provide sufficient evidence of a leading or critical role within UFC.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Articles from UFC.com and bloodyelbow.com: Discussing the petitioner’s UFC Fight Night win.
- Letters of Support from MMA Experts: Attesting to the petitioner’s achievements and signature move.
- UFC Membership Documentation: Printout showing application process but lacking membership criteria.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of a major award or three of the ten criteria. The totality of the documentation did not demonstrate sustained national or international acclaim or that the petitioner is among the small percentage at the top of his field.
Next Steps:
- Consider gathering additional documentation to support claims of national or international recognition.
- Obtain more detailed and specific letters of support from recognized experts in the field.
- Reapply with a stronger case focusing on the unmet criteria.
