Date of Decision: APR. 13, 2017
Service Center: Nebraska 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
Criteria Met:
Published Material about the Alien:
The Petitioner provided articles and photographs of cultural and performance events. However, the evidence did not meet the plain language requirements of the criterion for major media publications.
High Salary or Remuneration:
The Petitioner claimed a job offer with a high salary but did not provide sufficient evidence of past earnings to establish eligibility under this criterion.
Criteria Not Met:
Awards and Prizes:
The Petitioner presented several awards and certificates, but they did not meet the criteria for national or international recognition.
Participation as a Judge:
The Petitioner offered evidence of qualifications to judge but did not show actual participation as a judge before the petition filing date.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not offer sufficient evidence demonstrating national or international recognition for each award. The presented awards and certificates lacked corroborating documentation to substantiate the claims of national or international significance.
Published Materials About the Petitioner:
The record lacked probative evidence showing that the submitted articles appeared in major media. The articles provided did not establish the publications’ status as major media due to the absence of circulation statistics or other corroborating information.
Original Contributions of Major Significance:
Not applicable.
Participation as a Judge:
The Petitioner did not establish actual participation as a judge before the petition filing date, as required by the regulations.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
Not applicable.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
The Petitioner did not present evidence of past high salary or remuneration, relying instead on a future job offer contingent upon receiving lawful permanent resident status.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
- Job Offer Letter: Contingent on receiving lawful permanent resident status.
- Articles and Photographs: Cultural and performance events.
- Awards and Certificates: Competition results and achievements.
- Reference Letters: Discussing regional significance of prizes and qualifications as a judge.
Conclusion
Final Determination: The appeal is dismissed. The Petitioner did not demonstrate eligibility for classification as an individual of extraordinary ability, failing to meet the initial evidence requirements or provide sufficient documentation under the specified criteria.
Reasoning: The Petitioner did not submit evidence of either a one-time achievement or documents meeting at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). Consequently, the evidence did not support a finding of sustained national or international acclaim or recognition among the top of the field.
Next Steps: The Petitioner may consider gathering additional documentation and evidence to address the deficiencies noted in this decision before refiling or seeking further legal advice.
