Date of Decision: March 4, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete and Instructor
Field: Wushu and Tai Chi
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a judge of the work of others: The Petitioner provided evidence of his participation as a judge at martial arts events in the United States and China.
Criteria Not Met:
Lesser nationally or internationally recognized awards or prizes for excellence: The Petitioner submitted several award certificates and letters of recommendation. However, the provided evidence was insufficient to establish that these awards were nationally or internationally recognized.
Membership in associations that require outstanding achievements: The Petitioner provided membership certificates and letters from associations, but did not adequately demonstrate that membership required outstanding achievements judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
Summary of findings: The Petitioner submitted over 20 award certificates from various martial arts competitions. However, the evidence did not establish the national or international recognition of these awards.
Key quotes or references: “The background information and objective evidence regarding the competitions in which the Petitioner competed was very limited and was not sufficient to establish how the prizes he received qualify as nationally or internationally recognized awards.”
Published Materials About the Petitioner:
Summary of findings: Not claimed or evaluated.
Original Contributions of Major Significance:
Summary of findings: Not claimed or evaluated.
Participation as a Judge:
Summary of findings: The Petitioner met the criterion by providing evidence of his judging credentials and participation in martial arts events.
Key quotes or references: “The record supports that conclusion, as it contains evidence of the Petitioner’s judging credentials as well as documentation of his participation as a judge at martial arts events in the United States and China.”
Membership in Associations:
Summary of findings: The Petitioner provided membership certificates and letters from associations, but did not adequately demonstrate that membership required outstanding achievements judged by recognized experts.
Key quotes or references: “The Petitioner has not met his burden to establish that his membership in CWA meets all elements of the criterion at 8 C.F.R. § 204.5(h)(3)(ii).”
Authorship of scholarly articles:
Summary of findings: Not claimed or evaluated.
Leading or critical role performed:
Summary of findings: Not claimed or evaluated.
Artistic Exhibitions or Showcases:
Summary of findings: Not claimed or evaluated.
Evidence of High Salary or Remuneration:
Summary of findings: Not claimed or evaluated.
Commercial successes in the Performing Arts:
Summary of findings: Not claimed or evaluated.
Supporting Documentation
Award certificates and competition results: Provided evidence of various awards but did not sufficiently establish the prestige or recognition of these awards.
Membership certificates and letters from associations: Included membership certificates and letters from associations but did not demonstrate the required level of outstanding achievements for membership.
Conclusion
Final Determination: Appeal dismissed. The Petitioner did not demonstrate eligibility as an individual of extraordinary ability.
Reasoning: The evidence provided did not establish that the Petitioner has risen to the very top of his field, nor did it demonstrate sustained national or international acclaim.
Next Steps:
Recommendations: The Petitioner may consider gathering more substantial evidence of high prestige awards and memberships that require outstanding achievements judged by recognized experts.
Next steps for the petitioner: Review the decision in detail, address the noted deficiencies, and consider reapplying with additional supporting evidence.
