Date of Decision: FEB. 27, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jiu-Jitsu Coach
Field: Martial Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members:
The petitioner did not demonstrate that the membership in the association requires outstanding achievements as judged by recognized national or international experts.
Published material about the alien in professional or major trade publications or other major media:
The petitioner provided articles that lacked full English translations, and the publications were not confirmed to be professional or major trade publications. Additionally, some articles were not specifically about the petitioner.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field:
The letters provided did not sufficiently detail how the petitioner’s work as a jiu-jitsu coach was a contribution of major significance to the field.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation:
The documentation provided did not establish that the petitioner’s role was of significant importance to the organization’s activities. Additionally, the evidence was prospective rather than demonstrating past critical roles.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field:
The petitioner’s tax returns and screenshots from salary comparison websites did not adequately demonstrate that his earnings were significantly high in relation to others in his field.
Key Points from the Decision
Awards and Prizes Won:
Not applicable.
Published Materials About the Petitioner:
The provided articles did not meet the requirements due to lack of proper translations and verification of the publications as major media.
Original Contributions of Major Significance:
The letters provided broad, unsupported assertions and lacked specific details on the petitioner’s significant contributions.
Participation as a Judge:
Not applicable.
Membership in Associations:
The petitioner’s affiliation with an association was noted, but it was not established that the association requires outstanding achievements for membership.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The petitioner’s role in an organization was not adequately documented to demonstrate significant impact or importance.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The petitioner’s earnings, as demonstrated by tax returns, were not shown to be significantly high in relation to others in the field.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Letters from Sports Business Executives and Brazilian Jiu-Jitsu Black Belts:
- Provided general support for the petitioner’s contributions but lacked specifics and supporting evidence.
- Articles from Veja and TMZSports.com:
- Articles did not meet criteria due to lack of proper translations and verification of the publications.
- Tax Returns for 2016 and 2017:
- Showed earnings but did not adequately demonstrate high salary in relation to others in the field.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to meet the initial evidentiary requirements of either a one-time achievement or documents that meet at least three of the ten criteria. The evidence provided did not establish the necessary acclaim and recognition required for the classification sought.
Next Steps: It is recommended that the petitioner gather more substantial evidence to meet the required criteria if considering re-filing the petition.
