Date of Decision: May 10, 2018
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
Criteria Met:
Lesser National or International Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner provided evidence of receiving multiple lesser national and international awards in martial arts competitions. However, these awards were not sufficient to establish sustained national or international acclaim.
Judging the Work of Others at 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner submitted evidence of her participation as a judge in various martial arts competitions. This criterion was initially met but later questioned due to lack of sustained acclaim.
Display of Work at 8 C.F.R. § 204.5(h)(3)(vii):
The petitioner demonstrated that her work was displayed in various martial arts exhibitions. This criterion was initially met but later questioned due to lack of sustained acclaim.
Criteria Not Met:
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner submitted articles and materials about her work. However, the translations were not properly certified, making it impossible to verify the accuracy and relevance of the content.
Original Contributions at 8 C.F.R. § 204.5(h)(3)(v):
The petitioner did not provide sufficient evidence of original contributions of major significance to the field of martial arts.
High Salary at 8 C.F.R. § 204.5(h)(3)(ix):
The petitioner claimed to command a high salary, but the evidence provided was insufficient to substantiate this claim.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received multiple lesser national and international awards in martial arts, but these were not sufficient to establish sustained national or international acclaim.
Published Materials About the Petitioner:
The petitioner submitted articles and materials about her work, but the lack of properly certified translations prevented these from being considered valid evidence.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance to the field of martial arts.
Participation as a Judge:
The petitioner judged various martial arts competitions, which was initially recognized but later questioned due to lack of sustained acclaim.
Membership in Associations:
Not discussed in the decision.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
Not applicable based on the provided evidence.
Artistic Exhibitions or Showcases:
The petitioner demonstrated that her work was displayed in martial arts exhibitions, but this was later questioned due to lack of sustained acclaim.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence to demonstrate a high salary or significantly high remuneration.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Evidence of receiving multiple lesser national and international awards.
Proof of participation as a judge in various martial arts competitions.
Documentation of her work being displayed in martial arts exhibitions.
Articles and materials about her work, though translations were not properly certified.
Conclusion
Final Determination:
The motion to reconsider and motion to reopen are denied.
Reasoning:
The petitioner did not submit sufficient new evidence or demonstrate an incorrect application of law or policy that would warrant reopening or reconsidering the decision. The lack of properly certified translations for submitted articles and materials also prevented their consideration. Consequently, the petitioner failed to establish eligibility for the benefit sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which she may be eligible.
