Date of Decision: February 22, 2017
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:
Judging the Work of Others: The petitioner provided evidence showing that he has served as a judge at various kickboxing competitions, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner submitted various certificates, belts, and titles from different competitions. However, he did not demonstrate that these awards are nationally or internationally recognized for excellence in the field, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Membership in Associations: The petitioner claimed membership in several associations. However, he did not provide evidence that these memberships required outstanding achievements judged by recognized national or international experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Materials About the Petitioner: The petitioner submitted articles from various websites and publications. However, he did not demonstrate that these articles were from professional or major trade publications, or other major media, and many did not include the required details such as the author’s name, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Leading or Critical Role: The petitioner claimed a leading role in his association due to his competitive success. However, he did not provide evidence to show how his role impacted the success or standing of the organization, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide sufficient evidence to demonstrate that his awards are nationally or internationally recognized for excellence in his field.
Published Materials About the Petitioner:
The articles submitted did not meet the criteria of being from professional or major trade publications, and many lacked necessary details such as the author’s name.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of kickboxing.
Participation as a Judge:
The petitioner provided evidence showing his participation as a judge at various kickboxing competitions, meeting this criterion.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that his memberships in associations required outstanding achievements judged by recognized national or international experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that he performed in a leading or critical role for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Various certificates, belts, and titles from different competitions.
- Articles and Publications: Articles from various websites and publications.
- Letters of Support: Letters confirming memberships and competitions, but lacking specific details about membership requirements.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. The evidence provided did not demonstrate that his awards were nationally or internationally recognized, or that his memberships required outstanding achievements judged by recognized experts.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit his qualifications and achievements.
Download the Full Petition Review Here
