Date of Decision: November 21, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Brazilian Jiu-Jitsu Athlete
Field: Martial Arts and Brazilian Jiu-Jitsu
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to demonstrate eligibility under 8 C.F.R. § 204.5(h)(3) by satisfying at least three of the ten regulatory criteria. Upon review, the Administrative Appeals Office (AAO) determined that the petitioner met three criteria but failed to demonstrate the sustained national or international acclaim required for EB-1 classification.
Criteria Met:
- Lesser Nationally or Internationally Recognized Awards:
- The petitioner provided evidence of multiple gold medals won at international events, including the Brazilian Nationals and Pan American Championships.
- Participation as a Judge of the Work of Others:
- The petitioner demonstrated participation as a referee in Brazilian Jiu-Jitsu tournaments, which involved subjective judgment and discretion, satisfying this criterion.
- Published Material About the Petitioner:
- The petitioner submitted articles and media coverage about his achievements and contributions to the sport, which met the evidentiary standard.
Criteria Not Met:
- Sustained National or International Acclaim:
- Despite satisfying three regulatory criteria, the petitioner did not demonstrate consistent and sustained acclaim over an extended period, as required for EB-1 classification.
- Top Percentage of the Field:
- Evidence did not establish that the petitioner was among the small percentage at the very top of his field.
Key Points from the Decision
Medal and Competition Evidence:
- While the petitioner won numerous medals, the AAO noted gaps in competition participation and inconsistencies in contextualizing the petitioner’s achievements.
Judging Evidence:
- The petitioner’s role as a referee was recognized for requiring subjective judgment and discretion, satisfying the criterion for judging others’ work.
Lack of Sustained Acclaim:
- The AAO emphasized the importance of sustained recognition and continuous achievements, which were not adequately demonstrated in the record.
Post-Filing Evidence:
- Achievements after the filing date could not be considered under USCIS regulations.
Supporting Documentation
Award Evidence: Certificates and medals from international Brazilian Jiu-Jitsu competitions.
Judging Evidence: Documentation of refereeing roles in major tournaments.
Published Material: Media articles highlighting the petitioner’s contributions and achievements in Brazilian Jiu-Jitsu.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3) but failed to demonstrate sustained national or international acclaim or status as one of the very top individuals in the field of endeavor, as required for EB-1 classification.
