Date of Decision: November 30, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete and Coach
Field: Martial Arts
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner met this criterion by demonstrating his receipt of national-level awards in taekwondo and muay thai competitions, such as the national taekwondo championships and muay thai championships from 1999 to 2014.
Published Material: The Petitioner met this criterion by providing evidence of an article published in a major newspaper about his background and achievements in martial arts.
Participation as a Judge: The Petitioner met this criterion by providing evidence of his certification and participation as an international level judge in hapkido and muay thai competitions.
Criteria Not Met:
Original Contributions of Major Significance: The Petitioner did not provide sufficient evidence to demonstrate that his contributions were of major significance in the field. The documentation provided included general praise and unverified claims, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(v).
Leading or Critical Role: The Petitioner did not provide sufficient evidence to demonstrate that he performed in a leading or critical role for organizations with a distinguished reputation. The evidence included descriptions of his coaching activities but lacked detailed letters from individuals with personal knowledge of the significance of his roles, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(viii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner demonstrated receipt of national-level awards in taekwondo and muay thai competitions, satisfying this criterion.
Published Materials About the Petitioner:
The Petitioner provided an article published in a major newspaper about his background and achievements, satisfying this criterion.
Original Contributions of Major Significance:
The Petitioner’s contributions, while recognized within the martial arts community, were not demonstrated to have major significance in the field.
Participation as a Judge:
The Petitioner participated as a judge in professional martial arts competitions, meeting this criterion.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish his roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including certificates, letters of recommendation, and evidence of his work. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criteria for lesser nationally or internationally recognized prizes or awards, published material, and participation as a judge, the evidence provided did not establish his original contributions as of major significance or his roles as leading or critical in distinguished organizations. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
