Date of Decision: NOV. 7, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Competitive Athlete
Field: Taekwondo and Kickboxing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The Petitioner submitted evidence of podium finishes in more than 20 taekwondo and kickboxing events. The Director found sufficient evidence of the Petitioner meeting this criterion based on first place finishes at several national and international championships.
Criteria Not Met:
- Membership in associations in the field which require outstanding achievements of their members: The Petitioner did not sufficiently demonstrate the specific selection procedures or criteria for the national team membership.
- Published material about the individual in professional or major trade publications or other major media: The Petitioner did not provide published material about his work in the field that pre-dated the filing of the petition.
- Participation as a judge of the work of others in the same or an allied field: The letters provided had inconsistencies and lacked corroborating evidence of the Petitioner serving as a judge.
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field: The letters of support did not provide specific examples of original contributions that rise to a level of major significance.
- Performance in a leading or critical role for organizations or establishments that have a distinguished reputation: The evidence did not sufficiently corroborate the Petitioner’s role as team captain and did not establish the team’s distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner provided evidence of several national and international podium finishes. However, these were not deemed sufficient to meet the extraordinary ability criteria.
Published Materials About the Petitioner:
The Petitioner submitted one published article that was published after the petition filing date, which did not meet the criterion.
Original Contributions of Major Significance:
The letters of support did not provide specific examples of contributions that were widely implemented or significantly impacted the field.
Participation as a Judge:
The letters provided had inconsistencies and lacked additional corroborating evidence of the Petitioner’s qualifications and participation as a judge.
Membership in Associations:
The Petitioner did not sufficiently demonstrate the specific selection procedures or criteria for the national team membership.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner’s role as team captain was not sufficiently corroborated, and the team’s distinguished reputation was not established.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Podium finishes certificates: Evidence of the Petitioner’s podium finishes in various competitions.
- Letters of support: Provided by coaches and team officials, but lacked specific details and corroboration.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria listed.
Next Steps: The Petitioner may consider gathering more detailed and corroborative evidence before reapplying or exploring other visa classifications.
