Date of Decision: June 28, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Jiu-Jitsu Athlete
Field: Martial Arts (Brazilian Jiu-Jitsu)
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Lesser Nationally or Internationally Recognized Awards: The petitioner demonstrated receipt of awards from the International Brazilian Jiu-Jitsu Federation (IBJJF), including a First Place Gold award in a top-tier competition, satisfying this criterion.
Criteria Not Met:
- Membership in Associations:
- The petitioner claimed IBJJF membership as evidence. However, the membership requirements, such as completion of courses and certifications, did not involve evaluation of outstanding achievements by recognized experts.
- Judging the Work of Others:
- The petitioner provided evidence of refereeing competitions and evaluating students for belt graduations.
- USCIS determined refereeing primarily involved rule enforcement rather than subjective judgment of work. Evaluation of students was deemed inherent to the petitioner’s role as an instructor and did not satisfy this criterion.
- Display of Work at Artistic Exhibitions or Showcases:
- The petitioner argued that martial arts competitions were artistic in nature. However, USCIS determined the competitions were athletic and not equivalent to artistic exhibitions or showcases.
Key Points from the Decision
Membership in Associations:
IBJJF membership as a certified black belt was recognized as an achievement but did not meet the criterion of requiring outstanding accomplishments judged by experts.
Judging Activities:
Refereeing at IBJJF events and evaluating students were inherent to the petitioner’s coaching role. These activities did not demonstrate participation as a judge in the sense required under EB-1 criteria.
Artistic Display:
The petitioner’s competitions were deemed athletic events, not artistic exhibitions or showcases as defined under EB-1 guidelines.
Lesser Awards:
The petitioner successfully demonstrated receipt of nationally and internationally recognized awards for excellence in Brazilian Jiu-Jitsu, meeting this criterion.
Supporting Documentation
Awards Evidence: Documentation of IBJJF awards, including First Place Gold, supported by records of competition significance.
Membership Documentation: IBJJF membership and certification requirements provided but insufficient to satisfy the regulatory criteria.
Judging and Display Claims: Letters and photos of refereeing and student evaluations provided but did not meet evidentiary standards.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met one evidentiary criterion but failed to satisfy the regulatory requirement of at least three under 8 C.F.R. § 204.5(h)(3). The record does not demonstrate sustained national or international acclaim or recognition as one of the small percentage at the very top of the field.
