Date of Decision: AUG. 16, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete
Field: Muay Thai, Kickboxing, Mixed Martial Arts (MMA)
Nationality: Turkish
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Lesser Nationally or Internationally Recognized Prizes or Awards
The Petitioner claimed to have won several championships, but only the 2014 Muay Thai tournament in Thailand was supported by sufficient evidence.
Criteria Not Met:
Criterion 1: Major, Internationally Recognized Award
The Petitioner did not demonstrate receipt of a major, internationally recognized award. Evidence regarding claimed awards was insufficient.
Criterion 2: Membership in Associations
The Petitioner claimed membership in associations requiring outstanding achievements, but evidence provided did not substantiate these claims as the associations’ membership requirements were not sufficiently documented.
Criterion 3: Published Material About the Petitioner
Insufficient evidence to meet this criterion as claimed publications lacked necessary documentation.
Criterion 4: Original Contributions of Major Significance
No substantial evidence provided to support claims of original contributions of major significance to the field.
Criterion 5: Participation as a Judge
No evidence provided to support participation as a judge of the work of others in the field.
Criterion 6: Authorship of Scholarly Articles
The Petitioner did not provide evidence of authorship of scholarly articles in the field.
Criterion 7: Leading or Critical Role
No evidence provided of leading or critical role in organizations or establishments of distinguished reputation.
Criterion 8: Artistic Exhibitions or Showcases
No relevant evidence provided for this criterion.
Criterion 9: Evidence of High Salary or Remuneration
No evidence of high salary or remuneration in relation to others in the field.
Criterion 10: Commercial Successes in the Performing Arts
No relevant evidence provided for this criterion.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner won a championship at the 2014 Muay Thai tournament in Thailand. However, the significance of this award was not established as a major, internationally recognized award.
Membership in Associations:
- The Petitioner was identified as a member of the Turkish Muay Thai Federation (TMF), but evidence did not show that TMF required outstanding achievements of its members.
Published Materials About the Petitioner:
- Two articles in Turkish newspapers mentioned the Petitioner’s victories, but their impact and recognition were not sufficient to meet the criteria.
Original Contributions of Major Significance:
- Claims of contributions were not substantiated by concrete evidence.
Participation as a Judge:
- No evidence of participation as a judge.
Authorship of Scholarly Articles:
- No scholarly articles authored by the Petitioner were provided.
Leading or Critical Role:
- No evidence of leading or critical role.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- Not applicable.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters of Support:
- Letters from the Petitioner’s coach and other athletes lacked detail and credibility to support the claims of victories and awards.
- Photographs:
- Photos of medals and trophies were provided without proper English translations or context.
- Media Articles:
- Articles from Turkish newspapers confirmed some achievements but did not demonstrate international recognition.
- Membership Evidence:
- Documents indicating membership in TMF were not sufficient to prove outstanding achievements required by the association.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The Petitioner did not meet the burden of proof to demonstrate eligibility for classification as an individual of extraordinary ability. The evidence provided was insufficient to meet the required criteria.
Next Steps:
- The Petitioner may consider gathering more substantial and credible evidence before reapplying. Documentation should include certified translations, detailed descriptions, and supporting evidence from authoritative sources.
