Date of Decision: April 5, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Artist
Field: Martial Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
The petitioner failed to meet the necessary criteria for classification as an individual of extraordinary ability. According to USCIS regulations, the petitioner did not demonstrate sustained national or international acclaim and was not recognized as being among the top percentage in the field of martial arts. Specifically:
Criteria Met:
Participation as a Judge (Initially considered, later withdrawn): Initially accepted but later dismissed upon further review; the petitioner did not establish this criterion effectively with sufficient evidence.
Criteria Not Met:
Major Internationally Recognized Award: The petitioner did not receive any such award.
Additional Evidentiary Criteria: The petitioner did not meet at least three of the required evidentiary criteria, as stipulated by USCIS regulations.
Key Points from the Decision
The appeal and subsequent motion to reconsider were both dismissed due to the petitioner’s inability to demonstrate that the initial decision was based on an incorrect application of law or policy. The motion lacked new arguments or evidence that significantly altered the understanding of the petitioner’s qualifications.
Supporting Documentation
The petitioner submitted documentation intended to support the claim of extraordinary ability. However, the review concluded that these documents did not sufficiently demonstrate eligibility under the criteria set forth by USCIS.
Conclusion
Final Determination: The motion to reconsider the denial of the EB1 Extraordinary Ability petition was dismissed.
Reasoning: The petitioner did not effectively challenge the initial findings or provide substantial new evidence to support a reversal of the decision.
Next Steps: The decision suggests that the petitioner may need to gather more substantial and compelling evidence to demonstrate extraordinary ability in future filings or consider other visa categories that might be more suited to their situation.
This case highlights the stringent standards applied to EB1 classification petitions and the importance of providing robust and comprehensive evidence to meet the required legal criteria.
