Date of Decision: July 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Karate Athlete
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
The Petitioner, a karate athlete, sought classification as an alien of extraordinary ability. The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not satisfied at least three of the ten initial evidentiary criteria. The Administrative Appeals Office (AAO) dismissed the appeal upon de novo review.
Criteria Met
The Petitioner did not meet any of the criteria as per the final decision.
Criteria Not Met
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed to have won several gold, silver, and bronze medals in national and international competitions. However, the evidence provided did not demonstrate that these awards were nationally or internationally recognized for excellence in the field of karate. The Director found that the Petitioner had not submitted sufficient documentation to confirm the recognition of these awards.
Membership in Associations: The Petitioner claimed membership in associations requiring outstanding achievements. However, the evidence provided did not sufficiently demonstrate that these memberships required outstanding achievements judged by recognized national or international experts. The documentation provided did not adequately support the claim that the Petitioner’s membership was based on such criteria.
Published Material in Major Media: The Petitioner submitted several articles about his achievements. However, the evidence did not demonstrate that these sources qualify as major media. The Petitioner did not provide comparative evidence to the significance of the circulation figures provided, and some articles lacked proper attribution and relevance to the Petitioner’s work.
Original Contributions of Major Significance: The Petitioner claimed original contributions based on his athletic achievements and unique fighting style. However, the evidence provided did not sufficiently demonstrate that these contributions were of major significance. The letters praising the Petitioner’s work lacked specific, detailed information on how his contributions significantly impacted the field of karate.
Participation as a Judge: The Petitioner provided evidence of participation as a judge in several karate competitions. However, the evidence did not sufficiently demonstrate that these roles involved judging the work of others in the same or an allied field of specialization. The Petitioner did not contest the Director’s conclusions regarding this criterion on appeal, effectively abandoning the issue.
Leading or Critical Role for Distinguished Organizations: The Petitioner claimed leading roles in various organizations. However, the evidence provided, including letters and certificates, was insufficient to establish that these organizations had distinguished reputations or that the Petitioner’s roles were critical to their success. The documentation did not adequately support the claim that the Petitioner’s roles were leading or critical.
Final Merits Determination
The AAO concluded that the Petitioner did not meet the initial evidentiary requirement of at least three of the ten criteria under 8 C.F.R. § 204.5(h)(3). The AAO found that the Petitioner did not establish sustained national or international acclaim and did not demonstrate that he is among the small percentage at the very top of his field. The totality of the evidence did not support a finding of the required acclaim and recognition for the classification sought.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The Petitioner did not provide sufficient evidence to meet at least three of the ten criteria. The Petitioner did not demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. The totality of the evidence did 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. The Petitioner should ensure that all evidence clearly demonstrates the required levels of recognition and impact in his field.
