Date of Decision: February 5, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Kickboxer
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The petitioner met this criterion by providing evidence of receiving two third-place finishes in competitions.
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, as judged by recognized national or international experts in their disciplines or fields: The petitioner failed to establish actual membership in the cited association, and there was no documentation proving that such membership required outstanding achievements judged by recognized experts.
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought: The petitioner did not provide sufficient evidence of published material about him in professional or major media, and the provided documentation did not meet the required criteria.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought: The petitioner’s documentation indicated his role as a referee, not as a judge evaluating the work of others. There was no evidence provided to equate the role of referee with that of a judge.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation: The petitioner did not establish his membership in a recognized national team or demonstrate his role as critical to the team’s success.
Key Points from the Decision
Awards and Prizes Won: The petitioner successfully demonstrated receipt of awards, satisfying this criterion.
Published Materials About the Petitioner: The petitioner failed to provide sufficient evidence of published materials about him in major media, as the provided screenshot did not meet the regulatory requirements.
Original Contributions of Major Significance: There was no evidence provided to establish original contributions of major significance.
Participation as a Judge: The petitioner’s role as a referee did not meet the criteria of participation as a judge.
Membership in Associations: The petitioner did not provide documentation to support membership in associations requiring outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: There was no evidence provided of authorship of scholarly articles.
Leading or Critical Role Performed: The petitioner did not demonstrate that he performed in a leading or critical role for a distinguished organization.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not applicable.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
The petitioner provided various documents, including:
- Certificates and awards from competitions
- Screenshots from websites mentioning his achievements
- Letters from coaches and referees
These documents were evaluated, but many did not meet the specific criteria required for the EB1 classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documentation that meets at least three of the ten criteria for extraordinary ability classification. The documentation provided did not establish the level of expertise required for the classification sought.
Next Steps: The petitioner may consider gathering more substantial evidence that meets the specific criteria or explore other visa classifications that may be more appropriate.
