Date of Decision: December 2, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Brazilian Jiu-Jitsu Competitor
Field: Athletics – 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 did not meet the required three criteria, leading to the dismissal of the appeal.
Criteria Not Met:
- Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner provided evidence of awards in Brazilian Jiu-Jitsu tournaments, but the results lacked sufficient context, such as the criteria for entry or the number of participants, to establish that the awards were for excellence in the field.
- Membership in Associations:
- Evidence of the petitioner’s first-degree black belt did not demonstrate that this membership required outstanding achievements judged by recognized national or international experts.
- Published Material About the Petitioner:
- While articles were provided, the evidence did not establish that these publications were in major trade or professional media.
- Original Contributions of Major Significance:
- The petitioner claimed to have organized a tournament that raised food donations but failed to demonstrate how this event constituted a contribution of major significance in the field.
- Artistic Exhibitions or Showcases:
- The petitioner argued that Brazilian Jiu-Jitsu tournaments are artistic showcases. However, the evidence did not support this claim, as the tournaments were deemed athletic rather than artistic in nature.
Key Points from the Decision
Tournament Awards:
- The awards provided did not include details demonstrating that they were earned against significant competition or through criteria indicative of excellence.
Membership Evidence:
- A black belt certification did not qualify as membership requiring outstanding achievements as defined by the regulations.
Published Material:
- General articles about Brazilian Jiu-Jitsu lacked the necessary context or corroboration to meet the requirements for professional or major trade publications.
Event Organization:
- Evidence related to organizing a Brazilian Jiu-Jitsu tournament was insufficient to show a significant impact on the field.
Supporting Documentation
Awards Evidence: Tournament certificates and results that lacked sufficient context to establish excellence.
Membership Evidence: Documentation of black belt certification requirements that did not demonstrate outstanding achievements.
Published Material: Articles and internet traffic data that failed to establish major trade or professional publication status.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to meet the evidentiary requirements for at least three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The evidence did not demonstrate sustained national or international acclaim or position the petitioner among the very top of his field.
