Date of Decision: January 30, 2020
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 in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: None Met
Criteria Not Met:
Criterion 1: Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner provided evidence of being part of a team that won first place at the I Games and other competitions. However, the documentation was insufficient to establish that these prizes were nationally or internationally recognized or that the petitioner personally received these awards.
Criterion 2: Membership in Associations
The petitioner provided certificates indicating functions for the International Sport Karate Association and the World Kickboxing League. However, these certificates did not specify the petitioner as a member or establish the membership requirements, and the petitioner did not contest the director’s finding on appeal.
Criterion 3: Published Material in Professional or Major Media
The petitioner submitted newspaper clippings mentioning his name. However, these clippings lacked the required details such as title, date, and author. Moreover, the articles did not focus on the petitioner specifically but mentioned him among other participants.
Criterion 4: Judging the Work of Others
The petitioner did not provide sufficient evidence of participating as a judge in his field.
Criterion 5: Leading or Critical Role for Distinguished Organizations
The petitioner provided evidence of his involvement in various organizations but did not establish that these roles were leading or critical for distinguished organizations with a recognized reputation.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s award documentation was insufficient to prove the recognition was national or international.
Published Materials About the Petitioner:
The provided articles did not meet the necessary criteria to qualify as professional or major media coverage focusing on the petitioner.
Original Contributions of Major Significance:
The petitioner did not provide adequate evidence of original contributions with major significance in the field of martial arts.
Participation as a Judge:
The petitioner failed to demonstrate participation as a judge in his field.
Membership in Associations:
The petitioner’s membership claims did not meet the criteria for outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not prove that his roles were leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
Newspaper Clippings: Various clippings mentioning the petitioner among other competitors.
Certificates: Certificates indicating the petitioner’s functions in karate organizations.
Letters of Reference: Letters from colleagues and associates.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner did not meet the initial evidence requirements of three criteria under 8 C.F.R. § 204.5(h)(3). The provided documentation was insufficient to establish the petitioner’s national or international recognition or his standing among the small percentage at the very top of his field.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on contributions with major significance, awards with national or international recognition, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
