Date of Decision: May 1, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Brazilian Jiu-Jitsu Competitor
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner received lesser nationally and internationally recognized awards for excellence, specifically in the form of championships in Brazilian Jiu-Jitsu.
Published Materials About the Petitioner: Major media published material about the Petitioner, which satisfies one of the criteria.
Criteria Not Met
One-Time Achievement: The Petitioner did not provide evidence of a major, internationally recognized award comparable to the Nobel Prize, Pulitzer Prize, or Olympic Medal. The IBJJF World Championship, while prestigious within Brazilian Jiu-Jitsu, does not meet the required level of international recognition comparable to the examples cited.
Membership in Associations: The Petitioner did not provide sufficient evidence demonstrating that the memberships were based on outstanding achievements judged by recognized national or international experts in the field. The screenshots and letters provided did not adequately demonstrate the requirements for membership or that membership was based on being judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner received lesser nationally and internationally recognized awards for excellence in Brazilian Jiu-Jitsu. However, these awards do not rise to the level of a one-time major internationally recognized achievement.
Published Materials About the Petitioner:
The Petitioner was featured in major media, satisfying this criterion.
Original Contributions of Major Significance:
No evidence provided.
Participation as a Judge:
No evidence provided.
Membership in Associations:
The Petitioner did not provide sufficient evidence demonstrating that memberships were based on outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
No evidence provided.
Leading or Critical Role Performed:
No evidence provided.
Artistic Exhibitions or Showcases:
No evidence provided.
Evidence of High Salary or Remuneration:
No evidence provided.
Commercial Successes in the Performing Arts:
No evidence provided.
Supporting Documentation
Award Materials: Provided but did not establish the level of recognition comparable to a one-time major internationally recognized award.
Articles and Publications: Met the standards for major media coverage.
Letters from Colleagues and Organizations: Praised the Petitioner’s achievements but lacked sufficient detail to demonstrate the required level of acclaim or membership requirements.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner met two of the criteria but did not establish that she meets the criteria for a one-time achievement or membership in associations requiring outstanding achievements. The Petitioner did not provide sufficient evidence to meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The record does not support a finding of the required acclaim and recognition for the classification sought.
Next Steps: The Petitioner must provide more substantial and specific evidence to meet the criteria for extraordinary ability classification.
