EB-1 Extraordinary Ability USCIS Appeal Review – Law Enforcement Training Officer from Brazil – FEB092023_01B2203

Date of Decision: February 09, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability

Petitioner Information

• Profession: Law Enforcement Training Officer
• Field: Education
• Nationality: Brazil

Summary of Decision

• Initial Decision: Denied
• Appeal Outcome: Denied

Evidentiary Criteria Analysis

Criteria Met:

1. Award: The petitioner won a medal at the World Master International Brazilian Jiu-Jitsu Federation (IBJJF) Jiu-Jitsu Championship, which was claimed as a major internationally recognized award.
2. Published Material: Evidence of published material about the petitioner in relevant media.
3. High Salary: Documentation indicating that the petitioner was the highest-paid instructor in his agency.

Criteria Not Met:

1. National or International Acclaim: The record did not establish sustained national or international acclaim in the field of law enforcement training.
2. Recognized at the Top of Field: The evidence did not demonstrate that the petitioner is among the small percentage at the very top of his field of endeavor.

Key Points from the Decision

Awards and Prizes Won:

• The petitioner’s medal from the World Master IBJJF Jiu-Jitsu Championship was found to be in a competition restricted by age and belt ranking, which does not indicate national or international acclaim.

Published Materials About the Petitioner:

• The petitioner provided evidence of some published material but did not sufficiently show widespread recognition in his field.

Original Contributions of Major Significance:

• The petitioner claimed to have developed a law enforcement training course, which is included in the national portfolio of his agency. However, the evidence did not show that he received sustained national or international acclaim for this course.

Participation as a Judge:

• No evidence provided.

Membership in Associations:

• No evidence provided.

Authorship of Scholarly Articles:

• No evidence provided.

Leading or Critical Role Performed:

• While the petitioner held a high-ranking position and developed significant training programs, this did not translate into sustained national or international acclaim.

Artistic Exhibitions or Showcases:

• Not applicable.

Evidence of High Salary or Remuneration:

• The petitioner was one of the highest-paid individuals in his agency, but this did not establish national or international acclaim.

Commercial Successes in the Performing Arts:

• Not applicable.

Supporting Documentation

• Various letters from Brazilian law enforcement organizations requesting participation in the petitioner’s training courses.
• A 2022 list of national courses including the petitioner’s program.
• A letter from a Brazilian Congressman requesting an award of recognition for the petitioner.

Conclusion

Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not demonstrate sustained national or international acclaim or that he is among the top percentage in his field. The evidence provided was not sufficient to meet the requirements for extraordinary ability classification.
Next Steps: The petitioner may consider gathering more comprehensive evidence of his achievements and acclaim in the field, or exploring alternative visa classifications.

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