Date of Decision: March 13, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete
Field: Karate
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor (8 C.F.R. § 204.5(h)(3)(i))
The Petitioner submitted evidence of various awards, but these were primarily age-limited or for university competitions, which do not meet the standard for nationally or internationally recognized prizes for excellence.
2. Published material about the alien in professional or major trade publications or other major media (8 C.F.R. § 204.5(h)(3)(iii))
The provided materials primarily reported competition results and did not sufficiently focus on the Petitioner’s individual achievements. Additionally, many of these articles lacked the title, date, and author information required.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner listed several placements in karate competitions, including first and second places in various national and international events. However, the significance and recognition of these awards were not sufficiently demonstrated to meet the criteria for extraordinary ability.
Published Materials About the Petitioner:
- Articles mentioning the Petitioner were mainly competition results, lacking depth and focus on his career and achievements. The provided articles did not meet the required standards for published materials.
Original Contributions of Major Significance:
- Not applicable in this case as it was not a claimed criterion.
Participation as a Judge:
- Not applicable in this case as it was not a claimed criterion.
Membership in Associations:
- The Petitioner claimed eligibility under the membership criterion but did not meet the initial requirement of three criteria; thus, this was not evaluated further.
Authorship of scholarly articles:
- Not applicable in this case as it was not a claimed criterion.
Leading or critical role performed:
- Not applicable in this case as it was not a claimed criterion.
Artistic Exhibitions or Showcases:
- Not applicable in this case as it was not a claimed criterion.
Evidence of High Salary or Remuneration:
- Not applicable in this case as it was not a claimed criterion.
Commercial successes in the Performing Arts:
- Not applicable in this case as it was not a claimed criterion.
Supporting Documentation
1. Turkish Karate Federation Letter:
Lists competitions and placements but lacks evidence of national or international recognition.
2. Various Articles:
Reports on competition results but do not provide detailed, focused coverage of the Petitioner’s achievements and lack necessary documentation (title, date, author).
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner failed to meet the initial evidentiary requirement of three criteria as required for classification as an individual of extraordinary ability. The submitted evidence did not demonstrate sustained national or international acclaim or recognition at the top of the field.
Next Steps:
The Petitioner may consider gathering more comprehensive and focused evidence that meets the specified criteria or exploring other visa options that may better align with his qualifications and achievements.
