Date of Decision: DEC. 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Artist
Field: Martial Arts
Nationality: Uzbekistan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None
Criteria Not Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. 8 C.F.R. § 204.5(h)(3)(i):
The petitioner provided evidence of various martial arts awards but failed to demonstrate that these awards were nationally or internationally recognized for excellence. The provided evidence lacked independent corroborating evidence and significant details about the recognition and criteria for these awards.
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner did not provide evidence showing that memberships with various martial arts teams required outstanding achievements judged by recognized national or international experts. The supporting letters from other associations did not sufficiently explain the membership requirements or how these associations were aware of such requirements.
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation. 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner submitted articles that did not specifically cover his work or achievements. The articles were not about him and did not establish the publications as major media.
Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought. 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner provided evidence of judging martial arts tournaments, but it did not describe the duties of a judge sufficiently to demonstrate participation in evaluating the work of others. The evidence did not show that the judging involved awarding points or choosing winners, only enforcing rules.
Key Points from the Decision
Awards and Prizes Won:
The petitioner failed to demonstrate the national or international recognition of his martial arts awards and did not provide sufficient independent evidence.
Published Materials About the Petitioner:
The articles provided were not about the petitioner and did not establish the publications as major media.
Participation as a Judge:
The petitioner did not demonstrate that the duties of a martial arts judge involved evaluating the work of others in a manner consistent with the regulatory criteria.
Supporting Documentation
The petitioner provided various certificates, medals, photographs, and screenshots from websites. However, these documents did not demonstrate national or international recognition or meet the required evidentiary criteria for the EB1 Extraordinary Ability classification.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The petitioner did not satisfy the necessary evidentiary criteria to qualify for the EB1 Extraordinary Ability classification. The evidence provided was insufficient to demonstrate sustained national or international acclaim or to place the petitioner among the top in the field of martial arts.
Next Steps:
The petitioner may consider providing more robust and independent documentation to support claims of extraordinary ability or explore other visa classifications that might be more appropriate.
