Date of Decision: DEC. 10, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Artist
Field: Thai Boxing
Nationality: Ukraine
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging: The petitioner provided evidence of serving as a professional referee at martial arts events, including the 2016 World Championship and other regional and national championships.
Criteria Not Met:
Awards: The petitioner presented awards from various kickboxing events. However, the documentation did not sufficiently establish that these awards were nationally or internationally recognized for excellence in the field of martial arts.
Published Material: The petitioner submitted several articles about his work. However, the articles did not meet the regulatory requirements as they lacked author names and did not demonstrate that the publications were major trade or professional publications.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received numerous awards in kickboxing, including first place at the 2013 World Association of Kickboxing Organizations (WAKO) Cup and other regional tournaments. However, the awards did not demonstrate national or international recognition.
Published Materials About the Petitioner:
The petitioner submitted articles from various sources, including newspapers and online publications. However, the articles lacked sufficient detail to establish them as major media or professional publications.
Original Contributions of Major Significance:
The evidence did not demonstrate that the petitioner’s contributions had major significance in the field of martial arts.
Participation as a Judge:
The petitioner served as a referee at multiple martial arts events. However, the role of a referee was not adequately shown to meet the criterion of judging the work of others.
Supporting Documentation
- Awards Documentation: Provided criteria and points system for awards from WAKO and other organizations.
- Published Articles: Submitted articles from “Simya i Dim” and “Martial Arts. Keys to Excellence,” among others.
- Judging Evidence: Provided certificates and letters of participation as a referee at various championships.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. The provided evidence was insufficient to establish the petitioner’s eligibility for the classification sought.
Next Steps: The petitioner may consider gathering more robust evidence of national or international recognition and reapplying.
