Date of Decision: March 3, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Boxer and Kickboxer
Field: Martial Arts (Boxing and Kickboxing)
Nationality: [Not specified in the provided document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Motion Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Nationally Recognized Awards:
The Petitioner demonstrated receipt of nationally recognized awards or prizes in kickboxing, satisfying the criterion at 8 C.F.R. § 204.5(h)(3)(i).
Criteria Not Met:
Judging the work of others:
While the Petitioner provided certificates showing he was qualified as a judge in WTKA kickboxing, he did not submit sufficient evidence to confirm his participation as a judge in specific events. Additionally, there were inconsistencies in the provided documentation that were not adequately resolved.
Membership in associations requiring outstanding achievements:
The Petitioner’s “Master of Sport” designation was not considered equivalent to membership in an association that requires outstanding achievements. The evidence did not support that this title granted membership to a recognized group or organization.
Published materials in professional publications or major media:
The Petitioner submitted articles reporting on competition results but these were not considered to be “about” him in a manner that satisfied the criterion. Additionally, the provided article did not establish that it appeared in a major medium.
Original contributions of major significance:
The Petitioner did not contest the finding that he did not submit sufficient evidence to meet the criterion for original contributions of major significance.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings:
The Petitioner successfully demonstrated receipt of nationally recognized awards in kickboxing, meeting one of the criteria.
Published Materials About the Petitioner:
Summary of findings:
The articles provided by the Petitioner did not satisfy the requirement as they were not primarily focused on him or his work. Furthermore, the major medium criterion was not adequately supported.
Key quotes or references:
“The submission of results from a sporting event without any discussion of the Petitioner and his work is not consistent with the meaning of ‘published material about the alien’ pursuant to the plain language of the regulation at 8 C.F.R. § 204.5(h)(3)(iii).”
Original Contributions of Major Significance:
Summary of findings:
The Petitioner did not provide sufficient evidence to establish original contributions of major significance in his field.
Participation as a Judge:
Summary of findings:
The evidence provided did not adequately demonstrate that the Petitioner participated as a judge in specific WTKA events, and inconsistencies in the documentation were not resolved.
Key quotes or references:
“Based on these unresolved inconsistencies and a lack of independent, objective evidence related to the Petitioner’s judging activities, we found [the letter] insufficient to document the Petitioner’s participation as a judge in WTKA competitions.”
Membership in Associations:
Summary of findings:
The Petitioner’s “Master of Sport” designation was not considered sufficient to meet the criterion for membership in an association requiring outstanding achievements.
Key quotes or references:
“There is insufficient evidence to support a determination that recipients of a ‘Master of Sport’ title are granted membership to a group of any type.”
Authorship of Scholarly Articles:
Summary of findings:
Not applicable to this case.
Leading or Critical Role Performed:
Summary of findings:
Not applicable to this case.
Artistic Exhibitions or Showcases:
Summary of findings:
Not applicable to this case.
Evidence of High Salary or Remuneration:
Summary of findings:
Not applicable to this case.
Commercial Successes in the Performing Arts:
Summary of findings:
Not applicable to this case.
Supporting Documentation
Judging Work:
Certificates showing the Petitioner’s qualification as a judge in WTKA kickboxing.
National Awards:
Evidence of nationally recognized awards in kickboxing.
Published Materials:
Articles reporting on competition results.
Recommendation Letters:
Letters from experts in the field discussing the Petitioner’s achievements and roles.
Conclusion
Final Determination:
The motion to reconsider is dismissed. The Petitioner does not qualify for classification as an individual of extraordinary ability.
Reasoning:
The Petitioner did not establish that the previous decision was incorrect based on an incorrect application of law or USCIS policy. Additionally, he did not meet the required evidentiary criteria for classification as an individual of extraordinary ability.
Next Steps:
The Petitioner may consider gathering more substantial evidence to support his achievements and contributions or exploring other visa categories that might be more suitable for his qualifications and career trajectory.
