Date of Decision: November 5, 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 – Jiu-Jitsu
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner satisfied one criterion but failed to meet the evidentiary requirements for the remaining criteria.
Criteria Met:
- Recipient of Lesser Nationally or Internationally Recognized Prizes or Awards:
- The petitioner provided evidence of receiving awards in national and international jiu-jitsu competitions, meeting this criterion.
Criteria Not Met:
- Published Material About the Petitioner:
- Articles from Jits Magazine and Gracie.com were submitted but did not meet the evidentiary standard due to the limited reach and significance of the publications.
- Original Contributions of Major Significance:
- Evidence of the petitioner’s development of a police training program was insufficient to establish major significance or adoption outside his business.
- Participation as a Judge of the Work of Others:
- While the petitioner claimed judging experience, the AAO did not evaluate this criterion as the petitioner failed to meet the minimum of three required criteria.
Key Points from the Decision
Published Material Evidence:
- Publications referencing the petitioner were not deemed professional or major trade media, failing to establish national or international acclaim.
Contribution Evidence:
- The petitioner’s police training program lacked documentation of its implementation or recognition as authoritative in the field.
Reserved Judgments:
- The AAO did not evaluate the petitioner’s judging activities as meeting three criteria was a prerequisite for further analysis.
Final Merits Determination:
- The AAO concluded that the petitioner did not meet the evidentiary threshold to establish extraordinary ability through sustained national or international acclaim.
Supporting Documentation
Award Evidence: Recognition in national and international jiu-jitsu competitions.
Published Material Evidence: Articles from Jits Magazine and Gracie.com, deemed insufficient as major trade media.
Contribution Evidence: Letters of support referencing a police training program, lacking corroboration of major significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner met one regulatory criterion under 8 C.F.R. § 204.5(h)(3). However, the evidence did not establish the sustained acclaim or recognition required for EB-1 classification.
