Date of Decision: April 2, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Kung Fu Master and Warrior Monk
Field: Martial Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge:
The Petitioner demonstrated participation as a judge at martial arts competitions from 2009 to 2013, which complies with 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Awards and Prizes:
The Petitioner provided fraudulent award certificates from the “National Juniors’ Martial Arts Elite Championships” in 2004 and the “National Juniors’ Martial Arts Tournament” in 2005. The investigation revealed discrepancies, such as incorrect age eligibility and unauthorized use of the Olympic logo.
Published Materials About the Petitioner:
The Petitioner presented partial and summary translations of articles without required titles, dates, and authors. The articles mentioned his name or contained a picture but were not specifically about him and did not appear in professional or major trade publications.
Membership in Associations:
The Petitioner’s claim of membership with the Shaolin Temple did not meet the criterion as it was not demonstrated that outstanding achievements judged by recognized national or international experts were required for membership.
Original Contributions of Major Significance:
Not established. The evidence provided did not demonstrate significant original contributions in the field of martial arts.
Leading or Critical Role:
The Petitioner did not provide specific information to demonstrate that his position at the Shaolin Temple qualified as a leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s awards from the World Traditional Wushu Festivals were acknowledgments of participation rather than nationally or internationally recognized prizes for excellence.
Published Materials About the Petitioner:
The articles submitted were insufficient as they were not about the Petitioner and lacked proper citations and publication details.
Original Contributions of Major Significance:
No substantial evidence provided to support claims of major contributions to the field of martial arts.
Participation as a Judge:
The Petitioner successfully demonstrated participation as a judge in martial arts competitions.
Membership in Associations:
Membership with the Shaolin Temple was not substantiated by evidence of outstanding achievements required for membership.
Authorship of Scholarly Articles:
Not established due to insufficient evidence and lack of comprehensive documentation.
Leading or Critical Role Performed:
The evidence did not demonstrate the Petitioner held a leading or critical role as required.
Supporting Documentation
Letter from Abbot of the Shaolin Temple:
Provided explanation about the Petitioner’s status as a warrior monk despite disavowing vows and getting married. However, discrepancies in the timeline of the Petitioner’s residence and employment led to questions about the credibility of the letters.
Letters from Martial Arts Associations:
Claimed the Petitioner received questioned awards but lacked proper letterheads and contact information, making them questionable in authenticity.
Overseas Investigation Findings:
Could not verify the authenticity of letters or awards. Confirmed some participation awards but not the nationally or internationally recognized prizes claimed.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not overcome the Director’s basis for revocation, failed to meet the required criteria, and provided fraudulent documentation. Material misrepresentations and unresolved discrepancies undermined the credibility of the evidence provided.
Next Steps:
The Petitioner may need to gather additional credible evidence to substantiate his claims if considering further appeals or reapplications. Accurate and verifiable documentation is crucial for demonstrating eligibility for the EB1 Extraordinary Ability classification.
