Date of Decision: March 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete
Field: Traditional Karate, Krav Maga
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards:
The Petitioner provided evidence of awards received in national and international karate competitions. However, the Director found inconsistencies and insufficient documentation to verify the awards’ significance and the competitions’ recognition levels.
Membership in Associations Requiring Outstanding Achievements:
The Petitioner claimed memberships in the World Traditional Karate Federation (WTKF) and the World Shotokan Karate Federation (WSKF). However, the evidence provided did not sufficiently establish that these memberships required outstanding achievements judged by recognized experts.
Judging the Work of Others in the Field:
The Petitioner served as a judge in national level karate competitions. Yet, the evidence was deemed inconsistent and lacked sufficient documentation, especially given the Petitioner’s young age during the claimed judging periods.
Criteria Not Met:
Display of Work at Artistic Exhibitions or Showcases:
The Petitioner did not provide sufficient evidence to meet this criterion.
Leading or Critical Role in Distinguished Organizations:
The Petitioner did not establish that she performed in a leading or critical role in organizations with a distinguished reputation.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted letters and images of medals and certificates from national and international competitions. However, the documentation was inconsistent and did not provide sufficient verification of the awards’ recognition levels.
Published Materials About the Petitioner:
Not applicable or not sufficiently addressed in the decision.
Original Contributions of Major Significance:
Not applicable or not sufficiently addressed in the decision.
Participation as a Judge:
The Petitioner served as a judge in national competitions, but the evidence provided was inconsistent and lacked verification, particularly due to the Petitioner’s young age at the time of some events.
Membership in Associations:
The Petitioner claimed memberships in WTKF and WSKF, but the evidence did not adequately demonstrate that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable or not sufficiently addressed in the decision.
Leading or Critical Role Performed:
The Petitioner did not provide sufficient evidence to meet this criterion.
Artistic Exhibitions or Showcases:
Not applicable or not sufficiently addressed in the decision.
Evidence of High Salary or Remuneration:
Not applicable or not sufficiently addressed in the decision.
Commercial Successes in the Performing Arts:
Not applicable or not sufficiently addressed in the decision.
Supporting Documentation
Letters from Martial Arts Associations: Letters from WTKF and WSKF officials supporting the Petitioner’s memberships and achievements.
Images of Medals and Certificates: Photographic evidence of medals and certificates from various competitions.
Competition Records: Lists of competitions in which the Petitioner participated, along with her placements.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for further review.
Reasoning: The Director’s final merits determination did not sufficiently consider all submitted evidence and lacked a detailed analysis of the Petitioner’s achievements and sustained acclaim in the field of traditional karate.
Next Steps: The Petitioner may be requested to provide additional evidence to resolve inconsistencies and verify the significance of her awards and memberships. The Director will need to conduct a comprehensive review of the totality of the evidence to make a new decision.
