Date of Decision: November 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Kickboxing and Combat Sports Coach and Trainer
Field: Combat Sports
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Awards Received:
The Petitioner submitted evidence of awards received as an athlete in national and international kickboxing events.
Membership:
The Petitioner provided documentation of his membership in professional organizations related to combat sports.
Published Materials About the Petitioner:
The Petitioner presented articles and other published materials highlighting his career and achievements in kickboxing.
Leading or Critical Role:
The Petitioner demonstrated his role as a coach and trainer for athletes competing in national and international kickboxing events.
Criteria Not Met:
Service as a Judge or Referee:
The Petitioner submitted evidence of his participation as a referee in kickboxing events. However, this was not considered sufficient to meet the judging criterion as outlined by the USCIS regulations.
Key Points from the Decision
Awards and Prizes Won:
The Director initially dismissed the evidence of awards won by the Petitioner as an athlete, stating that these achievements did not imply extraordinary ability as a coach. However, upon review, it was determined that such achievements are relevant and should be considered in assessing the Petitioner’s eligibility.
Published Materials About the Petitioner:
The Director improperly discounted online published materials submitted by the Petitioner. The appeal review clarified that both online and print materials should be evaluated based on their compliance with USCIS criteria, including circulation statistics and relevance.
Original Contributions of Major Significance:
The Petitioner claimed original contributions through the publication of an athletic training manual used to train Russian athletes. The Director’s initial decision did not fully consider the substantial evidence provided by the Petitioner in this regard.
Participation as a Judge:
The Director incorrectly stated that refereeing does not meet the judging criterion. The appeal review indicated that if the Petitioner’s refereeing activities involved assessing athletes’ performances, it could be considered as meeting this criterion.
Supporting Documentation
- Awards and Honors: Certificates and documentation of awards won in kickboxing.
- Professional Memberships: Proof of membership in professional combat sports organizations.
- Published Articles: Various articles and media coverage related to the Petitioner’s career and achievements.
- Training Manual: Evidence of the published training manual authored by the Petitioner.
Conclusion
Final Determination: The decision of the Director is withdrawn. The matter is remanded for a new decision.
Reasoning: The Director’s initial decision did not fully consider all relevant evidence, particularly regarding the Petitioner’s achievements as an athlete and the significance of online published materials.
Next Steps: The Director should issue a new RFE, review the complete evidence including the Petitioner’s athletic achievements, and allow the submission of additional supporting documents.
